Civil Aviation Safety Regulations 1998
Statutory Rules 1998 No. 237 as amended
made under the
Civil Aviation Act 1988
This compilation was prepared on 1 December 2010
taking into account amendments up to SLI 2010 No. 277
The text of any of those amendments not in force
on that date is appended in the Notes section
[Note: Regulation 92.150 ceased to apply at the end of 31 December 2006, see subregulation 92.150 (8)]
This document has been split into four volumes
Volume 1 contains Parts 1 to 43 (Rr. 1.001–39.007)
Volume 2 contains Parts 45 to 92 (Rr. 45.005–92.205)
Volume 3 contains Parts 99 to 138 (Rr. 99.005–137.300)
Volume 4 contains Parts 139 to 202 (Rr. 139.005–202.900), the Dictionary and the Notes
Each volume has its own Table of Contents
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 139 Aerodromes
Subpart 139.A General
139.005 Applicability of this Part
139.010 Definitions for this Part
139.015 Standards for aerodromes
139.020 Exemptions
139.025 Access to aerodromes
139.030 Aerodromes with non‑precision approach runways to be certified or registered
139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc
Subpart 139.B Certified aerodromes
Division 139.B.1 Aerodrome certificate
139.040 When an aerodrome certificate is required
139.045 Application for aerodrome certificate
139.050 Grant of aerodrome certificate
139.055 Notice of refusal to grant aerodrome certificate
139.060 Aerodrome certificate may be subject to conditions
139.065 Duration of aerodrome certificate
139.070 Suspension or cancellation by CASA
139.075 Cancellation at request of holder
139.080 Aerodrome certificate not transferable
139.085 Temporary aerodrome certificate
Division 139.B.2 Aerodrome manual
139.090 Preparation and location of aerodrome manual
139.095 Information to be included in aerodrome manual
139.100 Form of aerodrome manual
139.105 Amendments of aerodrome manual
139.110 Notice of amendments
139.115 Aerodrome manual controller
Division 139.B.3 Operation and maintenance of a certified aerodrome
139.120 Care and diligence in operation and maintenance
139.125 Reporting officer
139.130 Works safety officer for aerodrome works other than time‑limited works
139.135 Works safety officer for time‑limited works
139.140 Training of aerodrome personnel
139.145 Aerodrome manual procedures
139.150 Notice of deviation
139.155 Notice of changes in physical condition etc of aerodrome
139.160 Notice of changes in information published in AIP‑ERSA
139.165 Physical characteristics of movement area
139.170 Aerodrome markings
139.175 Signal area
139.180 Wind direction indicators — general
139.185 Wind direction indicators — requirement for certain runways
139.190 Visual approach slope indicator system
139.195 Lighting of movement area
139.200 Checking of lighting systems
139.205 Aerodrome emergency committee
139.210 Aerodrome emergency plan
139.215 Testing of aerodrome emergency plan
139.220 Aerodrome serviceability inspections
139.225 When aerodrome serviceability inspections must be conducted
139.230 Aerodrome technical inspections
139.235 When aerodrome technical inspections must be conducted etc
139.240 Who may conduct aerodrome technical inspections
139.245 Planning and execution of aerodrome works
139.250 Safety management system
Subpart 139.C Registered aerodromes
139.255 Definition for this Subpart
139.260 Application for registration of aerodrome
139.265 Registration of aerodromes
139.270 Notice of refusal to register aerodrome
139.275 Register
139.280 Duration of registration
139.285 Cancellation of registration on request
139.290 Suspension or cancellation of registration by CASA
139.295 Applicable standards for registered aerodromes
139.300 Reporting officer
139.305 Notice of changes in physical condition etc of aerodrome
139.310 Notice of changes in information published in AIP‑ERSA
139.315 Safety inspections
139.320 Approval of persons to conduct aerodrome safety inspections
139.325 Duration of approval
139.330 Suspension or cancellation of approval by CASA
Subpart 139.D Reporting officer and safety inspection requirements for certain other aerodromes
139.335 Aerodromes to which this Subpart applies
139.340 Reporting officer
139.345 Safety inspections
Subpart 139.E Obstacles and hazards
139.350 Monitoring of airspace
139.355 Establishment of obstacle limitation surfaces
139.360 Notice of obstacles
139.365 Structures 110 metres or more above ground level
139.370 Hazardous objects etc
Subpart 139.F Aerodrome radio communication services
Division 139.F.1 General
139.375 Aerodrome operators to collect statistics if directed
Division 139.F.2 Frequency confirmation system
139.380 Definitions for Division 139.F.2
139.385 Aerodromes that must have a frequency confirmation system
Division 139.F.3 Air/ground radio service
139.390 Definitions for Division 139.F.3
139.395 Air/ground radio service must be certified
139.400 Direction by CASA to provide CA/GRS
139.405 Voluntary provision of CA/GRS
139.410 Certification of air/ground radio service
139.415 General obligations of aerodrome operator
139.420 When CA/GRS must be operating
139.425 Information about operating hours to be given to NOTAM Office
139.430 Certified air/ground radio operators
139.435 Offences
Subpart 139.H Aerodrome rescue and fire fighting services
Division 139.H.1 General
139.700 Applicability of this Subpart
139.705 Definitions for this Subpart
139.710 Functions of ARFFS
139.711 Person not to provide service without approval
139.712 Issue of Manual of Standards
139.715 Effect of Manual of Standards
Division 139.H.3 Requirements to be complied with by ARFFS provider
139.750 Requirements in this Division
139.755 Definition for Division — applicable standards and requirements
139.760 Inconsistency between Manual and chapter 9 of Annex 14
139.765 Knowledge, equipment and expertise to deal with aviation hazards
139.770 General obligation to maintain service
139.771 Response time of ARFFS
139.772 Buildings and emergency facilities
139.773 Officer in charge
139.775 Notice about times service is available etc
139.780 Agreements with other fire fighting bodies
139.785 Stock of fire extinguishing agents
139.795 Extinguishing equipment and vehicles
139.800 Other vehicles and equipment
139.805 Vehicles and equipment for firefighting and rescue in difficult environments
139.810 Commissioning of certain equipment
139.815 Protective clothing and equipment
139.820 Communications
139.825 Test and maintenance equipment
139.830 Commissioning of new vehicles and equipment
139.835 Number of operating personnel
139.840 Medical standard of firefighters
139.845 Qualifications and training of firefighters
139.850 Operations manual
139.855 Amendment of operations manual
139.860 Voice data recording
139.865 Record of accidents or incidents
139.870 Contingency plan
139.875 Records management
139.880 Organisation
139.885 System for rectification of service failures
139.890 Quality control
139.895 Change management
139.900 Safety management
139.905 Applicant’s organisation
139.910 Telling users and CASA about changes
Division 139.H.4 Conduct of ARFFS operations
139.915 Powers of officer in charge or firefighter
Division 139.H.5 Administration
139.920 Definition for Division
139.925 How to apply for approval as ARFFS provider
139.930 Who to apply to
139.935 Application for approval when approval cancelled previously
139.940 Other things CASA can ask applicant to do — interview
139.945 Other things CASA can ask applicant to do — provide more information
139.950 Statutory declarations to verify applications
139.955 Matters that CASA may or must take into account
139.960 Statutory declarations to verify statements in submissions
139.965 When CASA must grant approval
139.970 When decision must be made
139.975 Notice of decision
139.980 When approval comes into effect
139.985 Certificate about approval
139.990 Return of certificate if approval cancelled
139.995 Application for variation of approval
139.1000 CASA’s power to vary condition of approval
139.1005 Suspension or continued suspension of approval by show cause notice
139.1010 Grounds for cancellation of approval
139.1015 Notice to approved ARFFS provider to show cause
139.1020 Cancellation of approval after show cause notice
139.1022 Cancellation if holder ceases to provide ARFFS
139.1025 Cancellation at request of approved ARFFS provider
Part 141 Flying training organisations
Part 142 Flight crew training and checking organisations
Part 143 Air Traffic Services Training Providers
Subpart 143.A General
143.005 Applicability of this Part
143.010 Definitions for this Part
143.015 What is an ATS training provider
143.016 Person not to provide service without approval
143.017 Issue of Manual of Standards
Subpart 143.B Approval as an ATS training provider
143.020 What an application must be accompanied by
143.025 When applicant is eligible for approval
143.027 CASA may impose conditions on approvals
143.030 Approval subject to conditions
143.035 Approval not transferable
143.040 Certificate under Subpart 143.F
143.045 How long approval remains in force
143.050 Variation of approvals
Subpart 143.C Requirements to be complied with by ATS training providers
Division 143.C.1 Requirements for training
143.055 Standard for training
143.060 Training plan
Division 143.C.2 Personnel
143.065 Personnel
143.070 Qualifications for certain personnel
Division 143.C.3 Reference materials, documents and records
143.075 Reference materials
143.080 Material to be included in reference materials
143.085 Documents and records
143.090 Document and record control system
Subpart 143.D Telling CASA about changes
143.095 Advice on organisational changes
143.100 Discontinuing training
143.105 Status as a Registered Training Organisation
Subpart 143.E Miscellaneous
143.110 Unapproved training
Subpart 143.F Administration
Division 143.F.1 Preliminary
143.115 Applicability of this Subpart
Division 143.F.2 Approvals
143.120 Joint applications not permitted
143.125 How to apply — application by individual applicant
143.130 How to apply — application by corporation etc
143.135 Who to apply to
143.140 Application for approval cancelled previously
143.145 CASA may require demonstrations of procedures or equipment
143.150 Other things CASA can ask individual applicant to do — interview
143.155 Other things CASA can ask applicant to do — provide more information
143.160 Statutory declarations to verify applications
143.165 Matters that CASA may or must take into account
143.170 Statutory declarations to verify statements in submissions
143.175 When CASA must approve an applicant
143.180 When decision must be made
143.185 Notice of decision
143.190 Certificate about approval
143.192 Cancellation if cooperation or arrangement ceases
143.195 Return of certificate if approval cancelled
Division 143.F.3 Variation of approvals
143.200 Applicability of this Division
143.205 Application for variation
143.210 CASA’s power to vary condition of approval
Division 143.F.4 Suspension and cancellation of approvals
143.215 Definition for this Division
143.220 Suspension of approval by show cause notice
143.225 Grounds for cancellation of approval
143.230 Notice to show cause
143.235 Cancellation of approval after show cause notice
143.240 Cancellation at request of ATS training provider
Part 144 Distribution organisations
Part 145 Maintenance organisations
Part 146 Design organisations
Part 147 Maintenance training organisations
Part 149 Recreational aviation administration organisations
Part 171 Aeronautical telecommunication service and radionavigation service providers
Subpart 171.A General
171.005 Applicability of this Part
171.010 Interpretation
171.012 Meaning of telecommunication service
171.015 Person not to provide service without approval
171.017 Issue of Manual of Standards
Subpart 171.B Approval of service providers
171.020 Application
171.025 If applicant is a corporation
Subpart 171.C Obligations and privileges of service provider
171.030 Service by provider
171.035 Changes by service provider to service
171.040 Changes by service provider to operations manual
171.050 Technicians
171.055 Test transmissions
171.065 Interruption to service
171.070 Test equipment
171.075 Documents to be maintained
171.080 Records
171.085 Security program
171.086 Safety management system
Subpart 171.D Contents of operations manual
171.090 Operations manual to contain or refer to information
171.095 Organisation and management of service provider
171.100 Way in which standards are met
171.105 Functional specification and performance values of services
171.110 Technical description
171.115 Safe operation
171.120 Facility operation and maintenance plan
171.125 Safety management system
171.140 Test equipment
171.145 Interruption to service
171.150 Document control
171.155 Security program
171.160 Changes to procedures
Subpart 171.E Administration
171.165 Joint applications not permitted
171.170 CASA may ask for demonstration of service
171.175 CASA can ask applicant to provide more information
171.180 Matters that CASA may or must take into account
171.185 When CASA must grant an approval
171.190 When decision must be made
171.195 Decision‑making period may be extended
171.200 Notice of decision
171.205 Approvals
171.210 When approval comes into effect
171.215 CASA’s power to vary condition of approval
171.220 Suspension and cancellation of approvals
171.225 Notice to approval holder to show cause
171.230 Grounds for cancellation of approval
171.235 Cancellation of approval after show cause notice
171.237 Cancellation if cooperation or arrangement ceases
171.240 Cancellation at request of service provider
171.245 CASA’s power to direct variation of manual
171.250 Certificate
171.255 Return of certificate if approval ceases
Part 172 Air Traffic Service Providers
Subpart 172.A General
172.005 Applicability of this Part
172.010 Definitions for this Part
172.015 What is an ATS provider
172.020 Providing air traffic service without approval
172.022 Issue of Manual of Standards
Subpart 172.B Approval as an ATS provider
172.024 Applicant for approval as ATS provider
172.025 What an application must be accompanied by
172.030 When applicant is eligible for approval
172.035 Approval subject to conditions
172.040 Approval not transferable
172.045 Certificate under Subpart 172.F
172.050 How long approval remains in force
172.055 Variation of approvals
Subpart 172.C Requirements to be complied with by ATS providers
Division 172.C.1 Operations manual
172.060 Operations manual
Division 172.C.2 Air traffic service
172.065 Standards for air traffic service
172.070 Aeronautical telecommunications procedures
172.075 ICAO Doc. 4444 and ICAO Doc. 7030
172.080 Compliance with provider’s operations manual
172.085 Priority of standards
172.090 Priority of inconsistent procedures
Division 172.C.3 Standards for facilities and equipment
172.095 Facilities and equipment
Division 172.C.4 Organisation and personnel
172.100 Definition for this Division
172.105 Organisation
172.110 Personnel
172.115 Supervisory personnel
172.120 Qualifications for certain personnel
Division 172.C.5 Arrangements to maintain service
172.125 Agreements with service providers
172.130 Agreements with aerodrome operators
172.135 Arrangements for transfer of information
Division 172.C.6 Management
172.140 Training and checking program
172.145 Safety management system
172.150 Contingency plan
172.155 Security program
Division 172.C.7 Reference materials, documents, records and log books
172.160 Reference materials
172.165 Documents and records
172.170 Document and record control system
172.175 Logbooks
Division 172.C.8 Notice of air traffic service
172.180 Availability of air traffic service
Subpart 172.D Telling CASA about changes
172.185 Advice on organisational changes
172.190 Discontinuing air traffic service
Subpart 172.E Miscellaneous
172.195 ATS provider must not provide unauthorised air traffic service
Subpart 172.F Administration
Division 172.F.1 Preliminary
172.200 Applicability of this Subpart
Division 172.F.2 Approvals
172.205 Joint applications not permitted
172.210 How to apply — application by individual applicant
172.215 How to apply — application by corporation etc
172.220 Who to apply to
172.225 Application for approval cancelled previously
172.230 CASA may require demonstrations of procedures or equipment
172.235 Other things CASA can ask individual applicant to do — interview
172.240 Other things CASA can ask applicant to do — provide more information
172.245 Statutory declarations to verify applications
172.250 Matters that CASA may or must take into account
172.255 Statutory declarations to verify statements in submissions
172.260 When CASA must approve an applicant
172.265 When decision must be made
172.270 Notice of decision
172.275 Certificate about approval
172.280 Return of certificate if approval cancelled
Division 172.F.3 Variation of approvals
172.285 Applicability of this Division
172.290 Application for variation
172.295 CASA’s power to vary condition of approval
Division 172.F.4 Directions to amend provider’s operations manual
172.300 CASA may direct amendments to provider’s operations manual
Division 172.F.5 Suspension and cancellation of approvals
172.305 Definition for this Division
172.310 Suspension of approval by show cause notice
172.315 Grounds for cancellation of approval
172.320 Notice to show cause
172.325 Cancellation of approval after show cause notice
172.327 Cancellation if cooperation or arrangement ceases
172.330 Cancellation at request of ATS provider
Part 173 Instrument flight procedure design
Subpart 173.A General
173.005 Applicability
173.010 Definitions for this Part
173.015 What is a certified designer
173.020 What is a procedure design certificate
173.025 What is an authorised designer
173.030 What is a procedure design authorisation
173.035 Designing terminal instrument flight procedures requires procedure design certificate etc
173.040 Designing instrument flight procedures other than terminal instrument flight procedures
Subpart 173.B Certified designers
Division 173.B.1 Certification as certified designer
173.045 Applications for procedure design certificates
173.050 Criteria for grant of procedure design certificates
173.055 Procedure design certificate
173.060 Procedure design certificates subject to conditions
173.065 How long procedure design certificate remains in force
173.070 Variation of procedure design certificates
Division 173.B.2 Requirements to be complied with by certified designers
173.075 Certified designer to maintain operations manual
173.080 Compliance with operations manual
173.085 Standards for design of terminal instrument flight procedures etc
173.090 Verification of terminal instrument flight procedures
173.095 Validation of terminal instrument flight procedures
173.100 Publication of terminal instrument flight procedures
173.105 Radio navigation aids
173.110 Maintenance of terminal instrument flight procedures
173.115 Certified designer to provide facilities etc
173.120 Certified designer to have appropriate organisation
173.125 Certified designer to have sufficient personnel
173.130 Supervisory personnel
173.135 Certified designer to appoint chief designer
173.140 Certified designer to provide training and checking program
173.145 Certified designer to have safety management system
173.150 Certified designer to maintain reference materials
173.155 Certified designer to keep documents and records
173.160 Certified designer to have document and record control system
Division 173.B.3 Chief designer
173.165 Approval for appointment of chief designer
173.170 Approval for appointment to act as chief designer
173.175 Appointment likely to have adverse effect on air safety
173.180 Chief designer’s functions and duties
173.185 Duration of approval
173.190 Withdrawal or suspension of approval of appointment
Division 173.B.4 Miscellaneous
173.195 Advice on organisational changes
173.200 Discontinuing design work on terminal instrument flight procedures of a particular type
173.205 Notifying the AIS of a variation to a procedure design certificate
173.210 Discontinuing maintenance of particular terminal instrument flight procedures
173.215 Transfer of maintenance responsibility
Subpart 173.C Authorised designers
Division 173.C.1 Authorisation as authorised designer
173.220 Applications for procedure design authorisations
173.225 Criteria for grant of procedure design authorisations
173.230 Notice of procedure design authorisation
173.235 Procedure design authorisations subject to conditions
173.240 How long procedure design authorisation remains in force
173.245 Variation of procedure design authorisation
Division 173.C.2 Requirements to be complied with by authorised designers
173.250 Operations manual
173.255 Compliance with operations manual
173.260 Standards for design of terminal instrument flight procedures etc
173.265 Off‑shore installations
173.270 Maintenance of terminal instrument flight procedures
173.275 Authorised designer to have sufficient personnel
173.280 Authorised designer to maintain reference materials
173.285 Authorised designer to keep documents and records
173.290 Authorised designer to have document and record control system
Division 173.C.3 Miscellaneous
173.295 Discontinuing design work on terminal instrument flight of a particular type
173.300 Discontinuing maintenance of terminal instrument flight procedures
173.305 Transfer of maintenance responsibility
Subpart 173.D Performance of design work
173.310 Certified designer not to exceed the limitations of the designer’s procedure design certificate
173.315 Authorised designer not to exceed the limitations of authorisation
Subpart 173.E Administration
Division 173.E.1 Application for, and grant of, procedure design certificates and procedure design authorisations and related matters
173.320 Request for information
173.325 Other things CASA can ask applicant to do — interview
173.330 CASA may require demonstrations of equipment etc
173.335 Grant of procedure design certificate or procedure design authorisation
173.340 Material that CASA may or must take into account
173.345 CASA may grant certificate or authorisation subject to conditions
173.350 When decision must be made
173.355 Notice of decision
173.360 Return of certificate if procedure design certificate cancelled
Division 173.E.2 Variation of procedure design certificates and procedure design authorisations
173.365 Applicability of this Division
173.370 Application for variation
Division 173.E.3 Directions to amend certified designer’s or authorised designer’s operations manual
173.375 CASA may direct amendments to designer’s operations manual
Division 173.E.4 Suspension and cancellation of procedure design certificates and procedure design authorisations
173.380 Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA
173.385 Cancellation at request of certified designer or authorised designer
Division 173.E.5 Authorised inspectors
173.390 CASA may appoint authorised inspectors
173.395 Identity card
173.400 Powers of authorised inspector
Part 183 Authorised representatives
Part 200 Aircraft to which CASR do not apply
Subpart 200.B Exemption from Regulations
200.001 Hang gliders
200.002 Privately built single‑place ultralight aeroplanes
200.003 Gyroplanes having an empty weight not in excess of 250 kilograms
200.004 Two‑place gyroplanes and single‑place gyroplanes certificated as light sport aircraft
200.005 Parasails and gyrogliders
200.008 Defence Force aircraft operated by civilian flight crew
200.010 Military aircraft undergoing production or acceptance flight testing
200.013 Weight‑shift‑controlled aeroplanes and powered parachutes
200.014 Certain ultralight aeroplanes
Subpart 200.C Authorisation to fly
200.020 Authorised flight without certificate of airworthiness
Part 201 Miscellaneous
201.001 Appointment of authorised persons
201.003 Commonwealth and CASA not liable in certain cases
201.004 Review of decisions
201.005 Notice of change of name or trading name
201.010 Notice of change of nationality
201.015 Notice of change of address etc
201.016 Disclosure of personal information
201.020 Service of documents
Part 202 Transitional
Subpart 202.AB Transitional provisions for Part 1 (Preliminary)
Subpart 202.AD Transitional provisions for Part 11 (Regulatory administrative procedures)
202.010 Continuation of certain existing delegations
202.011 Continuation of certain exemptions
202.012 Consultation on certain Manuals of Standards
Subpart 202.AF Transitional provisions for Part 13 (Enforcement)
Subpart 202.AJ Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)
202.050 Certificates of type approval
202.051 Certificates of airworthiness
202.052 Export certificate of airworthiness
Subpart 202.AK Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)
202.060 Approvals under airworthiness instruments in force before 1 July 2009
Subpart 202.AL Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)
202.070 Approvals under airworthiness instruments in force before 1 July 2009
Subpart 202.AN Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)
202.090 Approvals under airworthiness instruments in force before 1 July 2009
Subpart 202.AO Transitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category)
Subpart 202.AP Transitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category)
Subpart 202.AR Transitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category)
Subpart 202.AT Transitional provisions for Part 31 (Airworthiness standards for manned free balloons)
Subpart 202.AU Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)
202.140 Approvals under airworthiness instruments in force before 1 July 2009
Subpart 202.AV Transitional provisions for Part 33 (Airworthiness standards for aircraft engines)
Subpart 202.AX Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers)
Subpart 202.AZ Transitional provisions for Part 39 (Airworthiness directives)
202.170 Airworthiness directives
202.171 Application for exemption from, or variation of, requirement of airworthiness directive
202.172 Exemption from requirement of airworthiness directive
Subpart 202.BB Transitional provisions for Part 43 (Maintainers’ responsibilities)
Subpart 202.BD Transitional provisions for Part 45 (Display of nationality and registration marks)
202.200 Australian aircraft marked in accordance with CAR
Subpart 202.BF Transitional provisions for Part 47 (Registration of aircraft and related matters)
202.220 Definitions for Subpart 202.BF
202.221 Continuation of Aircraft Register
202.222 Reference to holder of a certificate of registration
202.223 Registration under CAR to continue
202.224 Pending applications or notices
202.225 Application to register aircraft under Part 47
Subpart 202.CA Transitional provisions for Part 60 (Synthetic training devices)
202.240 Definitions for this Subpart
202.241 Transitional accreditation — flight simulators
Subpart 202.CB Transitional provisions for Part 61 (Pilot licensing)
Subpart 202.CD Transitional provisions for Part 63 (Flight crew licensing other than pilots)
Subpart 202.CE Transitional provisions for Part 64 (Ground authorisations)
Subpart 202.CF Transitional provisions for Part 65 (Air traffic services licensing)
202.320 Manual of Standards for Part 65
202.321 Persons holding certain licences
Subpart 202.CG Transitional provisions for Part 66 (Maintenance personnel licensing)
Subpart 202.CH Transitional provisions for Part 67 (Medical)
202.360 Medical certificates issued under Civil Aviation Regulations 1988
202.361 Designated aviation medical examiners appointed under Civil Aviation Regulations 1988
202.362 Actions by Director of Aviation Medicine
202.363 Applications for issue of medical certificates pending on 3 September 2003
Subpart 202.DA Transitional provisions for Part 71 (Airspace)
Subpart 202.EA Transitional provisions for Part 90 (Additional airworthiness requirements)
Subpart 202.EB Transitional provisions for Part 91 (General operating and flight rules)
Subpart 202.EC Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)
202.440 Approval of certain training courses and instructors
Subpart 202.FA Transitional provisions for Part 101 (Unmanned aircraft and rockets)
202.460 Authorisations, permissions and approvals in force immediately before 1 July 2002
Subpart 202.FC Transitional provisions for Part 103 (Sport and recreational aviation operations)
Subpart 202.FE Transitional provisions for Part 105 (Sport and recreational parachuting from aircraft)
Subpart 202.FJ Transitional provisions for Part 115 (Operations using sport aviation aircraft for non‑recreational activities)
Subpart 202.FL Transitional provisions for Part 119 (Air operator certification — air transport)
Subpart 202.FN Transitional provisions for Part 121A (Air transport operations — large aeroplanes)
Subpart 202.FO Transitional provisions for Part 121B (Air transport operations — small aeroplanes)
Subpart 202.FR Transitional provisions for Part 129 (Air operator certification — foreign operators)
Subpart 202.FT Transitional provisions for Part 133 (Air transport and aerial work operations — rotorcraft)
Subpart 202.FV Transitional provisions for Part 136 (Aerial work operations — other than those covered by Parts 133, 137, 138, 141 and 142)
Subpart 202.FW Transitional provisions for Part 137 (Aerial agriculture operations — other than rotorcraft)
Subpart 202.FX Transitional provisions for Part 138 (Search and rescue operations)
Subpart 202.FY Transitional provisions for Part 139 (Aerodromes)
202.700 Definitions for this Subpart
202.701 Aerodrome licences issued under CAR
202.702 Conditions of transitional aerodrome licences
202.703 Duration of transitional aerodrome licences
202.704 Previous aerodrome manuals and standards for aerodromes
202.705 Exemptions
Subpart 202.FYH Transitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)
202.710 Manual of Standards for Subpart 139.H
Subpart 202.GA Transitional provisions for Part 141 (Flight training organisations)
Subpart 202.GB Transitional provisions for Part 142 (Training and checking organisations)
Subpart 202.GC Transitional provisions for Part 143 (Air traffic services training providers)
202.760 Manual of Standards for Part 143
Subpart 202.GD Transitional provisions for Part 144 (Product distribution organisations)
Subpart 202.GE Transitional provisions for Part 145 (Maintenance organisations)
Subpart 202.GF Transitional provisions for Part 146 (Design approval organisations)
Subpart 202.GG Transitional provisions for Part 147 (Maintenance training organisations)
Subpart 202.GI Transitional provisions for Part 149 (Recreational aviation administration organisations)
Subpart 202.HA Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)
202.880 Manual of Standards for Part 171
Subpart 202.HB Transitional provisions for Part 172 (Air traffic service providers)
202.900 Manual of Standards for Part 172
Subpart 202.HC Transitional provisions for Part 173 (Instrument flight procedure design)
Subpart 202.HD Transitional provisions for Part 174 (Aviation meteorological services)
Subpart 202.HJ Transitional provisions for Part 183 (Authorised representatives)
Subpart 202.HL Transitional provisions for Part 200 (Exemptions)
Subpart 202.HM Transitional provisions for Part 201 (Miscellaneous)
Dictionary
Part 139 Aerodromes
Note This Part is made up as follows:
Subpart 139.A General
139.005 Applicability of this Part
139.010 Definitions for this Part
139.015 Standards for aerodromes
139.020 Exemptions
139.025 Access to aerodromes
139.030 Aerodromes with non‑precision approach runways to be certified or registered
139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc
Subpart 139.B Certified aerodromes
Division 139.B.1 Aerodrome certificate
139.040 When an aerodrome certificate is required
139.045 Application for aerodrome certificate
139.050 Grant of aerodrome certificate
139.055 Notice of refusal to grant aerodrome certificate
139.060 Aerodrome certificate may be subject to conditions
139.065 Duration of aerodrome certificate
139.070 Suspension or cancellation by CASA
139.075 Cancellation at request of holder
139.080 Aerodrome certificate not transferable
139.085 Temporary aerodrome certificate
Division 139.B.2 Aerodrome manual
139.090 Preparation and location of aerodrome manual
139.095 Information to be included in aerodrome manual
139.100 Form of aerodrome manual
139.105 Amendments of aerodrome manual
139.110 Notice of amendments
139.115 Aerodrome manual controller
Division 139.B.3 Operation and maintenance of a certified aerodrome
139.120 Care and diligence in operation and maintenance
139.125 Reporting officer
139.130 Works safety officer for aerodrome works other than time‑limited works
139.135 Works safety officer for time‑limited works
139.140 Training of aerodrome personnel
139.145 Aerodrome manual procedures
139.150 Notice of deviation
139.155 Notice of changes in physical condition etc of aerodrome
139.160 Notice of changes in information published in AIP‑ERSA
139.165 Physical characteristics of movement area
139.170 Aerodrome markings
139.175 Signal area
139.180 Wind direction indicators — general
139.185 Wind direction indicators — requirement for certain runways
139.190 Visual approach slope indicator system
139.195 Lighting of movement area
139.200 Checking of lighting systems
139.205 Aerodrome emergency committee
139.210 Aerodrome emergency plan
139.215 Testing of aerodrome emergency plan
139.220 Aerodrome serviceability inspections
139.225 When aerodrome serviceability inspections must be conducted
139.230 Aerodrome technical inspections
139.235 When aerodrome technical inspections must be conducted etc
139.240 Who may conduct aerodrome technical inspections
139.245 Planning and execution of aerodrome works
139.250 Safety management system
Subpart 139.C Registered aerodromes
139.255 Definition for this Subpart
139.260 Application for registration of aerodrome
139.265 Registration of aerodromes
139.270 Notice of refusal to register aerodrome
139.275 Register
139.280 Duration of registration
139.285 Cancellation of registration on request
139.290 Suspension or cancellation of registration by CASA
139.295 Applicable standards for registered aerodromes
139.300 Reporting officer
139.305 Notice of changes in physical condition etc of aerodrome
139.310 Notice of changes in information published in AIP‑ERSA
139.315 Safety inspections
139.320 Approval of persons to conduct aerodrome safety inspections
139.325 Duration of approval
139.330 Suspension or cancellation of approval by CASA
Subpart 139.D Reporting officer and safety inspection requirements for certain other aerodromes
139.335 Aerodromes to which this Subpart applies
139.340 Reporting officer
139.345 Safety inspections
Subpart 139.E Obstacles and hazards
139.350 Monitoring of airspace
139.355 Establishment of obstacle limitation surfaces
139.360 Notice of obstacles
139.365 Structures 110 metres or more above ground level
139.370 Hazardous objects etc
Subpart 139.F Aerodrome radio communication services
Division 139.F.1 General
139.375 Aerodrome operators to collect statistics if directed
Division 139.F.2 Frequency confirmation system
139.380 Definitions for Division 139.F.2
139.385 Aerodromes that must have a frequency confirmation system
Division 139.F.3 Air/ground radio service
139.390 Definitions for Division 139.F.3
139.395 Air/ground radio service must be certified
139.400 Direction by CASA to provide CA/GRS
139.405 Voluntary provision of CA/GRS
139.410 Certification of air/ground radio service
139.415 General obligations of aerodrome operator
139.420 When CA/GRS must be operating
139.425 Information about operating hours to be given to NOTAM Office
139.430 Certified air/ground radio operators
139.435 Offences
Subpart 139.H Aerodrome rescue and fire fighting services
Division 139.H.1 General
139.700 Applicability of this Subpart
139.705 Definitions for this Subpart
139.710 Functions of ARFFS
139.711 Person not to provide service without approval
139.712 Issue of Manual of Standards
139.715 Effect of Manual of Standards
Division 139.H.3 Requirements to be complied with by ARFFS provider
139.750 Requirements in this Division
139.755 Definition for Division — applicable standards and requirements
139.760 Inconsistency between Manual and chapter 9 of Annex 14
139.765 Knowledge, equipment and expertise to deal with aviation hazards
139.770 General obligation to maintain service
139.771 Response time of ARFFS
139.772 Buildings and emergency facilities
139.773 Officer in charge
139.775 Notice about times service is available etc
139.780 Agreements with other fire fighting bodies
139.785 Stock of fire extinguishing agents
139.795 Extinguishing equipment and vehicles
139.800 Other vehicles and equipment
139.805 Vehicles and equipment for firefighting and rescue in difficult environments
139.810 Commissioning of certain equipment
139.815 Protective clothing and equipment
139.820 Communications
139.825 Test and maintenance equipment
139.830 Commissioning of new vehicles and equipment
139.835 Number of operating personnel
139.840 Medical standard of firefighters
139.845 Qualifications and training of firefighters
139.850 Operations manual
139.855 Amendment of operations manual
139.860 Voice data recording
139.865 Record of accidents or incidents
139.870 Contingency plan
139.875 Records management
139.880 Organisation
139.885 System for rectification of service failures
139.890 Quality control
139.895 Change management
139.900 Safety management
139.905 Applicant’s organisation
139.910 Telling users and CASA about changes
Division 139.H.4 Conduct of ARFFS operations
139.915 Powers of officer in charge or firefighter
Division 139.H.5 Administration
139.920 Definition for Division
139.925 How to apply for approval as ARFFS provider
139.930 Who to apply to
139.935 Application for approval when approval cancelled previously
139.940 Other things CASA can ask applicant to do — interview
139.945 Other things CASA can ask applicant to do — provide more information
139.950 Statutory declarations to verify applications
139.955 Matters that CASA may or must take into account
139.960 Statutory declarations to verify statements in submissions
139.965 When CASA must grant approval
139.970 When decision must be made
139.975 Notice of decision
139.980 When approval comes into effect
139.985 Certificate about approval
139.990 Return of certificate if approval cancelled
139.995 Application for variation of approval
139.1000 CASA’s power to vary condition of approval
139.1005 Suspension or continued suspension of approval by show cause notice
139.1010 Grounds for cancellation of approval
139.1015 Notice to approved ARFFS provider to show cause
139.1020 Cancellation of approval after show cause notice
139.1022 Cancellation if holder ceases to provide ARFFS
139.1025 Cancellation at request of approved ARFFS provider
Subpart 139.A General
139.005 Applicability of this Part
This Part deals with the operation of aerodromes and includes rules about the following matters:
(a) certification of aerodromes and the requirements that apply to operators of certified aerodromes;
(b) registration of aerodromes and the requirements that apply to operators of registered aerodromes;
(c) reporting officer and safety inspection requirements that apply to operators of certain other aerodromes used for regular public transport operations or charter operations;
(d) obstacles and hazards at aerodromes;
(e) obligations of aerodrome operators in relation to radio communication services and rescue and fire fighting services.
139.010 Definitions for this Part
In this Part (other than Subpart 139.H):
Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 139 Aerodromes’ published by CASA, as in force from time to time.
MBZ means mandatory broadcast zone.
139.015 Standards for aerodromes
The standards for aerodromes are those set out in the Manual of Standards.
139.020 Exemptions
(1) CASA may, by instrument, exempt an aerodrome operator from compliance with specified provisions of this Part or specified standards set out in the Manual of Standards.
(2) Before exempting an aerodrome operator, CASA must take into account any relevant considerations relating to the interests of the safety of air navigation.
(3) An exemption is subject to the operator complying with any conditions that CASA specifies in the instrument as being necessary in the interests of the safety of air navigation.
(4) The operator must comply with a condition specified in the instrument.
Penalty: 10 penalty units.
139.025 Access to aerodromes
(1) The operator of a certified aerodrome or a registered aerodrome must allow CASA to conduct tests of aerodrome facilities, equipment or operating procedures at the aerodrome for the purpose of ensuring the safety of aircraft.
(2) The operator must allow CASA access to any part of the aerodrome or any aerodrome facilities, equipment or records for the purposes of subregulation (1).
(3) CASA:
(a) must give reasonable notice of any tests to be conducted to the operator; and
(b) must carry out the tests at a reasonable time.
(4) Subregulations (1) and (2) do not limit the operation of regulation 305 of CAR.
139.030 Aerodromes with non‑precision approach runways to be certified or registered
(1) A person must not operate an aerodrome to which subregulation (3) applies if the aerodrome is not a certified aerodrome or a registered aerodrome.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) This subregulation applies to an aerodrome that:
(a) is available for public use; and
(b) has a non‑precision approach runway.
139.035 No effect on operation of Airports (Building Control) Regulations 1996 etc
Nothing in this Part affects the operation of the Airports (Building Control) Regulations 1996, the Airports (Protection of Airspace) Regulations 1996 or the Airports (Control of On‑Airport Activities) Regulations 1997.
Subpart 139.B Certified aerodromes
Division 139.B.1 Aerodrome certificate
139.040 When an aerodrome certificate is required
(1) A person must not operate an aerodrome to which subregulation (3) applies if the aerodrome is not a certified aerodrome.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) This subregulation applies to an aerodrome that:
(a) has a runway that is suitable for use by aircraft having:
(i) a maximum passenger seating capacity of more than 30 seats; or
(ii) a maximum carrying capacity of more than 3 400 kilograms; and
(b) is available for use in regular public transport operations or charter operations by such aircraft.
Note A person must not operate an aerodrome that is available for public use and has a non‑precision approach runway if the aerodrome is not a certified aerodrome or a registered aerodrome (see regulation 139.030).
139.045 Application for aerodrome certificate
(1) A person may apply to CASA for an aerodrome certificate authorising the person to operate an aerodrome at the place specified in the application.
(2) The application must be in the approved form.
Note A person who operates an aerodrome for which an aerodrome certificate is not required may apply for an aerodrome certificate.
139.050 Grant of aerodrome certificate
CASA must grant an aerodrome certificate to an applicant under regulation 139.045 if:
(a) the aerodrome’s facilities and equipment are in accordance with the standards specified in the Manual of Standards for a certified aerodrome; and
(b) the aerodrome’s operating procedures make satisfactory provision for the safety of aircraft; and
(c) an aerodrome manual, in accordance with regulation 139.095, has been prepared for the aerodrome; and
(d) the applicant would, if the certificate is granted, be able properly to operate and maintain the aerodrome.
139.055 Notice of refusal to grant aerodrome certificate
If CASA refuses to grant an aerodrome certificate to an applicant, CASA must give the applicant written notice of the refusal, and the reasons for it, no later than 14 days after CASA refuses to grant the certificate.
139.060 Aerodrome certificate may be subject to conditions
(1) CASA may grant an aerodrome certificate subject to any condition that CASA considers necessary in the interests of the safety of aircraft.
(2) If CASA decides to grant an aerodrome certificate subject to a condition, CASA must give the applicant written notice of the reasons for the decision.
(3) A condition must be set out on the certificate or in the notice given to the applicant under subregulation (2).
(4) An aerodrome operator must not contravene a condition of the operator’s aerodrome certificate.
Penalty: 25 penalty units.
139.065 Duration of aerodrome certificate
(1) An aerodrome certificate remains in force unless it is cancelled.
(2) However, the certificate is not in force during any period in which it is suspended.
139.070 Suspension or cancellation by CASA
(1) CASA may, by written notice given to the holder of an aerodrome certificate, suspend or cancel the certificate if there are reasonable grounds for believing that:
(a) a condition to which the certificate is subject has been breached; or
(b) the aerodrome facilities, operations or maintenance are not of the standard necessary in the interests of the safety of air navigation; or
(c) the holder has failed to comply with regulation 139.025.
(2) Before suspending or cancelling an aerodrome certificate, CASA must:
(a) give to the holder a show cause notice that:
(i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and
(ii) invites the holder to show cause, in writing, within 30 days after the date of the notice, why the certificate should not be suspended or cancelled; and
(b) take into account any written submissions that the
holder makes to CASA within the time allowed under subparagraph (a) (ii).
139.075 Cancellation at request of holder
(1) If the holder of an aerodrome certificate wishes the certificate to be cancelled, the holder must give CASA not less than 30 days’ written notice of the date on which the holder wishes the certificate to be cancelled.
(2) CASA must cancel the certificate on the date specified in the notice.
139.080 Aerodrome certificate not transferable
An aerodrome certificate is not transferable.
139.085 Temporary aerodrome certificate
(1) CASA may grant a temporary aerodrome certificate to an applicant under regulation 139.045 if:
(a) the applicant’s application is for a certificate to operate an aerodrome for which an existing aerodrome certificate is in force; and
(b) the holder of the existing aerodrome certificate has given CASA notice under regulation 139.075 for the certificate to be cancelled; and
(c) the cancellation of the existing aerodrome certificate
will have effect before CASA can fully consider the applicant’s application; and
(d) CASA is satisfied that the applicant will be able to properly operate and maintain the aerodrome for the duration of the temporary certificate.
(2) A temporary aerodrome certificate must not be granted for a period of longer than 60 days.
Division 139.B.2 Aerodrome manual
139.090 Preparation and location of aerodrome manual
(1) The operator of a certified aerodrome must have an aerodrome manual, in accordance with regulation 139.095, for the aerodrome.
Penalty: 10 penalty units.
(2) The operator must give CASA a copy of the manual and must keep another copy at the operator’s principal place of business or at the aerodrome.
Penalty: 10 penalty units.
(3) The operator must make the copy of the manual kept at the operator’s principal place of business or at the aerodrome available to authorised persons during normal business hours.
Penalty: 10 penalty units.
(4) Strict liability applies to the physical element of an offence against subregulation (1) that the operator is required to have an aerodrome manual for the aerodrome.
(5) An offence against subregulation (2) or (3) is an offence of strict liability.
139.095 Information to be included in aerodrome manual
For subregulation 139.090 (1), the aerodrome manual must include:
(a) the following information, to the extent that the information is applicable to the aerodrome:
(i) the particulars of the aerodrome site mentioned in Appendix 1 to this subparagraph;
(ii) the particulars of the aerodrome administration and operating procedures mentioned in Appendix 1 to this subparagraph;
(iii) the particulars of the aerodrome to be notified in AIP‑ERSA, mentioned in Appendix 1 to this subparagraph;
(iv) particulars of any condition to which the operator’s aerodrome certificate is subject;
(v) particulars of any direction given to the operator by CASA under regulation 139.105; and
(b) if particular information referred to in paragraph (a) is not included in the manual because it is not applicable to the aerodrome:
(i) a statement to the effect that the information is not applicable; and
(ii) the reasons why it is not applicable; and
(c) if CASA gives the operator an exemption under regulation 139.020 in relation to the aerodrome:
(i) any identifying number given to the exemption by CASA; and
(ii) the date on which the exemption came into effect; and
(iii) any condition subject to which the exemption is granted.
Appendix 1 to subparagraph 139.095 (a) (i) (Particulars of the aerodrome site)
Aerodrome site
For subparagraph 139.095 (a) (i), the particulars are as follows:
(a) a plan of the aerodrome showing the main aerodrome facilities, including the wind direction indicators, for the operation of the aerodrome;
(b) a plan of the aerodrome showing the aerodrome boundaries;
(c) a plan showing the distance of the aerodrome from the nearest city, town or other populous area, and the location of any aerodrome facilities and equipment outside the boundaries of the aerodrome;
(d) either:
(i) particulars of title of the aerodrome site; or
(ii) if the boundaries of the aerodrome are not defined
in the documents of title — the particulars of the title to, or interests in, the property on which the aerodrome is located and a plan showing the boundaries and position of the aerodrome.
Appendix 1 to subparagraph 139.095 (a) (ii) (Particulars of the aerodrome administration and operating procedures)
For subparagraph 139.095 (a) (ii), the particulars are as follows:
Aerodrome administration
(a) particulars of the aerodrome administration including the following:
(i) the organisational structure;
(ii) the management positions responsible for the operation and maintenance of the aerodrome;
(iii) contact details of the person who is the aerodrome manual controller;
(iv) contact details for the main persons responsible for aerodrome operations and safety functions;
Aerodrome emergency plan
(b) particulars of the aerodrome emergency plan, including details of the following:
(i) the composition of the aerodrome emergency committee and contact details for the emergency service organisations represented on the committee;
(ii) a description of the role of each emergency service organisation involved in the plan;
(iii) the activation, control and coordination of
the emergency service organisations during an emergency;
(iv) the aerodrome’s emergency facilities and arrangements for keeping them in readiness;
(v) the operational response to an emergency, including arrangements for aerodrome access and assembly areas;
(vi) the response to a local stand‑by call out;
(vii) the response to a full emergency call out;
(viii) the arrangements to return the aerodrome to operational status after an emergency;
(ix) the arrangements for periodic review and testing of the aerodrome emergency plan;
Aerodrome lighting
(c) particulars of the procedures for the inspection and maintenance of the aerodrome lighting (including obstacle lighting) and the supply of stand‑by power (if any), including details of the following:
(i) the arrangements for carrying out inspections and the checklist for inspections;
(ii) the arrangements for recording the results of inspections and for taking follow‑up action to correct deficiencies;
(iii) the arrangements for switching lights on and off, including back‑up arrangements for pilot‑activated lighting;
(iv) the arrangements for carrying out routine maintenance and emergency maintenance;
(v) the arrangements for stand‑by power, if any, and, if applicable, particulars of any other method of dealing with partial or total system failure;
(vi) the names and roles of the persons who are responsible for the inspection and maintenance of the lighting and the telephone numbers for contacting them during and after working hours;
Aerodrome reporting
(d) particulars of the procedures for reporting any changes to the aerodrome information set out in AIP and procedures for requesting the issue of NOTAMS, including details of the following:
(i) the arrangements for reporting any changes that may affect aircraft operations to AIS and local air traffic services and recording the reporting of changes during and outside the normal hours of aerodrome operation;
(ii) the contact details for the persons and organisations to which changes are to be reported;
(iii) the name of the reporting officer responsible
for reporting the changes and the telephone numbers for contacting him or her during and after working hours;
(iv) the arrangements for reporting changes of aerodrome information published in AIP to AIS and CASA;
(v) the arrangements for keeping records of reports made;
Unauthorised entry to aerodrome
(e) particulars of the procedures for preventing the unauthorised entry of persons, vehicles, equipment, plant or animals, or other things that may endanger aircraft safety, into the movement area, including details of the following:
(i) the arrangements for controlling airside access;
(ii) the names and roles of the persons who are responsible for controlling access to the movement area and the telephone numbers for contacting them during and after working hours;
Aerodrome serviceability inspections
(f) particulars of the procedures for carrying out aerodrome serviceability inspections, including details of the following:
(i) the arrangements for carrying out the inspections during and after working hours;
(ii) details of the intervals at which the inspections are carried out and the times of the inspections;
(iii) the arrangements for keeping an inspection logbook and the place where the logbook is kept;
(iv) details of the inspection checklist;
(v) the arrangements for communicating with air traffic control during the inspections;
(vi) the arrangements for reporting the results of the inspections and for taking prompt follow‑up action to ensure correction of unsafe conditions;
(vii) the names and roles of the persons who are responsible for carrying out the inspections and the telephone numbers for contacting them during and after working hours;
Aerodrome technical inspections
(g) particulars of the procedures for carrying out aerodrome technical inspections, including details of the following:
(i) the items that need to be technically inspected and when the inspections are to be carried out;
(ii) the arrangements for technically qualified people to carry out the technical inspections;
(iii) the arrangements for recording the results of the inspections and for taking prompt follow‑up action to ensure correction of defects;
Aerodrome works safety
(h) particulars of the procedures for planning and safely carrying out aerodrome works (including works that may have to be carried out at short notice), including details of the following:
(i) the preparation of a method‑of‑working plan identifying areas of the aerodrome affected during each stage of the work and steps taken to ensure safety standards are met;
(ii) the distribution list for the method‑of‑working plan;
(iii) the arrangements for telling aircraft operators and other aerodrome users of the method‑of‑working plan and the telephone numbers for contacting those operators and users during and after working hours;
(iv) the arrangements for communicating with air traffic control and aircraft during the carrying out of the works;
(v) the arrangements for carrying out time‑limited works;
(vi) the names, telephone numbers and roles of the persons and organisations responsible for planning and carrying out the works, and the arrangements for contacting those persons and organisations at all times;
Aircraft parking control
(i) particulars of the procedures for aircraft parking control, if established, including details of the following:
(i) the arrangements between air traffic control and apron management;
(ii) the arrangements for allocating aircraft parking positions;
(iii) the arrangements for initiating engine start and ensuring clearances for aircraft push‑back;
(iv) an inventory and description of the activation and deactivation of any visual docking guidance system used at the aerodrome;
(v) the marshalling service;
(vi) the leader (van) service or follow‑me service;
(vii) the names, telephone numbers and roles of the persons responsible for planning and implementing aircraft parking control;
Airside vehicle control
(j) if procedures have been established at the aerodrome for the control of surface vehicles operating on or near the movement area, particulars of those procedures, including details of the following:
(i) the applicable traffic rules (including speed limits) and the means of enforcement of the rules;
(ii) the method of instructing and testing drivers in relation to the applicable traffic rules;
(iii) the names, telephone numbers and roles of the persons who are responsible for airside vehicle control;
Bird and animal hazard management
(k) particulars of the procedures to deal with danger to aircraft operations caused by the presence of birds or animals on or near the aerodrome, including details of the following:
(i) the arrangements for assessing any bird or animal hazard;
(ii) the arrangements for the removal of any bird or animal hazard;
(iii) the names and roles of the persons responsible for dealing with bird or animal hazards, and the telephone numbers for contacting them during and after working hours;
Obstacle control
(l) particulars of the following:
(i) the procedures for monitoring the obstacle limitation surfaces and the Type A chart take‑off surface for obstacles;
(ii) the procedures for monitoring building developments (in relation to the height of buildings and other structures) within the horizontal limits of the obstacle limitation surfaces;
(iii) if the aerodrome has instrument approach procedures — the procedures for monitoring for new objects or building developments in any other areas nominated by the instrument procedure designers;
(iv) the arrangements between CASA, local planning authorities and other relevant organisations in relation to the approval of building developments that may infringe the obstacle limitation surfaces;
(v) the names, telephone numbers and roles of the persons responsible for planning and implementing obstacle control;
Disabled aircraft removal
(m) particulars of the procedures for removing an aircraft that is disabled on or near the movement area, including details of the following:
(i) the roles of the aerodrome operator and the holder of the aircraft’s certificate of registration;
(ii) the arrangements for telling the holder of the certificate of registration;
(iii) the arrangements for liaising with air traffic control and the Australian Transport Safety Bureau;
(iv) the arrangements for obtaining equipment and persons to remove the aircraft;
(v) the names and roles of the persons who are responsible for arranging for the removal of an aircraft which is disabled, and the telephone numbers for contacting them during and after working hours;
Handling of hazardous materials
(n) particulars of the procedures for the safe handling of hazardous materials on the aerodrome, including details of the following:
(i) the names, telephone numbers and roles of the persons who are to receive and handle hazardous materials;
(ii) the arrangements for special areas on the aerodrome to be set up for the storage of flammable liquids (including aviation fuels) and any other hazardous materials;
(iii) the methods to be followed for the delivery, storage, dispensing and handling of these materials;
Note 1 Hazardous materials include explosives, flammable liquids and solids, corrosive liquids, compressed gases, and magnetised or radioactive materials.
Note 2 The arrangements to deal with an accidental spillage of hazardous materials are to be set out in the aerodrome emergency plan.
Protection of radar and navigational aids
(o) particulars of the procedures for the protection of radar and navigational aids located on the aerodrome to ensure that their performance will not be degraded, including details of the following:
(i) the arrangements for the control of activities near radar and navigational aid installations;
(ii) the arrangements, made in consultation with
the provider of the navigational aid installation, for the supply and installation of signs warning of hazardous microwave radiation;
(iii) the arrangements for ground maintenance near these installations;
Low visibility operations
(p) particulars of the procedures for the management of ground activities at an aerodrome where low visibility operations are conducted, including details of the following:
(i) the arrangements for measuring visibility along a runway and passing the information to air traffic control, if required;
(ii) the arrangements for minimising vehicular traffic within the movement area during periods of low visibility operations;
(iii) the arrangements for runway inspections during periods of low visibility operations;
(iv) the names and roles of the persons who are responsible for managing low visibility operations, and the telephone numbers for contacting them during and after work hours.
Appendix 1 to subparagraph 139.095 (a) (iii) (Particulars of the aerodrome to be notified in AIP‑ERSA)
For subparagraph 139.095 (a) (iii), the particulars are:
General information
(a) the following general information about the aerodrome:
(i) the name of the aerodrome;
(ii) the State or Territory where the aerodrome is located;
(iii) the geographic coordinates of the aerodrome reference point;
(iv) the elevation of the aerodrome, based on the Australian Height Datum;
(v) details of the aerodrome beacon;
(vi) the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times; and
Information for runways
(b) the following information for each runway at the aerodrome:
(i) the magnetic bearing of the runway and the runway number;
(ii) the runway reference code number for the approach and take‑off areas that have been surveyed;
(iii) the length, width and slopes of the runway;
(iv) the length and width of the graded and overall runway strip;
(v) the pavement surface type and its strength rating;
(vi) the runway declared distances and take‑off gradient;
(vii) the supplementary take‑off distances;
(viii) the Aerodrome Obstacle Chart Type A, if applicable; and
Information about visual aid systems
(c) the following information about visual aid systems at the aerodrome:
(i) the type of runway lighting and the stand‑by power, if any, for that lighting;
(ii) the type of approach lighting;
(iii) the visual approach slope indicator system, if any;
(iv) a description of the visual docking guidance systems at any aprons used by aircraft conducting international operations, and the aircraft parking positions where the systems are installed; and
Local information
(d) the following local information about the aerodrome:
(i) the hours of operation, if applicable;
(ii) the available ground services;
(iii) any special procedures;
(iv) any local precautions.
139.100 Form of aerodrome manual
(1) The operator of a certified aerodrome must keep the copies of the aerodrome manual for the aerodrome in a printed form.
Penalty: 10 penalty units.
(2) Other copies of the manual may be kept in an electronic form.
(3) If CASA approves, the manual may consist of more than 1 document.
(4) The operator must keep the manual in a way that tells a person reading the manual:
(a) when changes have been made to the information in the manual; and
(b) whether the manual is up‑to‑date.
Penalty: 10 penalty units.
(5) An offence against subregulation (1) or (4) is an offence of strict liability.
139.105 Amendments of aerodrome manual
(1) The operator of a certified aerodrome must amend the aerodrome manual for the aerodrome, whenever it is necessary to do so, to maintain the accuracy of the manual.
Penalty: 10 penalty units.
(2) To maintain the accuracy of the aerodrome manual, CASA may give written directions to the operator requiring the operator to amend the manual in accordance with the direction.
(3) An operator must comply with a direction given to the operator under subregulation (2).
Penalty: 10 penalty units.
139.110 Notice of amendments
(1) The operator of a certified aerodrome must tell CASA, in writing, of any amendment that the operator makes to the aerodrome manual for the aerodrome within 30 days after the amendment is made.
Penalty: 5 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
139.115 Aerodrome manual controller
(1) The operator of a certified aerodrome must appoint a person to be the aerodrome manual controller for the aerodrome’s aerodrome manual.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The functions of the aerodrome manual controller are to ensure that:
(a) a record is kept of the persons who hold copies of the whole or a part of the aerodrome manual; and
(b) updates of information for the manual are distributed to those persons.
Division 139.B.3 Operation and maintenance of a certified aerodrome
139.120 Care and diligence in operation and maintenance
The operator of a certified aerodrome must ensure that the aerodrome is operated and maintained with a reasonable degree of care and diligence.
Penalty: 20 penalty units.
139.125 Reporting officer
(1) The operator of a certified aerodrome must appoint 1 or more reporting officers for the aerodrome.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The functions of a reporting officer are:
(a) to monitor the serviceability of the aerodrome; and
(b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under subregulation 139.155 (1).
(4) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.
Penalty: 10 penalty units.
139.130 Works safety officer for aerodrome works other than time‑limited works
(1) If aerodrome works (other than time‑limited works) are being carried out at a certified aerodrome, the operator of the aerodrome must appoint 1 or more persons as works safety officers for the aerodrome works.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The function of a works safety officer is to ensure aerodrome safety while the aerodrome works are being carried out.
(4) The operator must not appoint a person as a works safety officer for the aerodrome works if the person has not been trained, in accordance with the Manual of Standards, to perform the works safety officer’s function.
Penalty: 10 penalty units.
139.135 Works safety officer for time‑limited works
If time‑limited works are being carried out at a certified aerodrome, the operator of the aerodrome must ensure that a person who has been trained, in accordance with the Manual of Standards, to perform the function of a works safety officer performs that function for those works.
Penalty: 10 penalty units.
139.140 Training of aerodrome personnel
The operator of a certified aerodrome must ensure that all personnel of the operator are trained in accordance with the standards for training aerodrome personnel set out in the Manual of Standards.
Penalty: 20 penalty units.
139.145 Aerodrome manual procedures
(1) Subject to any directions issued under subregulation (2), the operator of a certified aerodrome must operate and maintain the aerodrome in accordance with the procedures set out in the aerodrome manual for the aerodrome.
Penalty: 25 penalty units.
(2) CASA may direct the operator of a certified aerodrome to change the procedures set out in the aerodrome manual, if CASA considers it necessary in the interests of the safety of aircraft.
(3) An operator must comply with a direction given to the operator under subregulation (2).
Penalty: 25 penalty units.
139.150 Notice of deviation
(1) This regulation applies if a deviation from a procedure set out in the aerodrome manual for a certified aerodrome is made to ensure the safety of aircraft.
(2) The operator of the aerodrome must tell CASA, in writing, of the deviation within 30 days after the deviation was made.
Penalty: 5 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
139.155 Notice of changes in physical condition etc of aerodrome
(1) The operator of a certified aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of:
(a) any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; and
(b) any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft.
Penalty: 10 penalty units.
(2) If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control.
Penalty: 10 penalty units.
139.160 Notice of changes in information published in AIP‑ERSA
(1) To maintain the accuracy of the information published in AIP‑ERSA in relation to a certified aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS).
Penalty: 5 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
139.165 Physical characteristics of movement area
The operator of a certified aerodrome must ensure that the physical characteristics of the movement area comply with the standards set out in the Manual of Standards.
Penalty: 10 penalty units.
139.170 Aerodrome markings
(1) The operator of a certified aerodrome must mark the following areas of the aerodrome in accordance with the standards set out in the Manual of Standards:
(a) the movement area;
(b) any unserviceable area;
(c) any works area on or near the movement area.
Penalty: 10 penalty units.
(2) The operator must ensure that all aerodrome markings are maintained in accordance with the standards set out in the Manual of Standards.
Penalty: 10 penalty units.
(3) In this regulation:
unserviceable area means a part of the movement area that is unavailable for use by aircraft.
works area means a part of the aerodrome in which maintenance or construction works are in progress that may endanger the safety of aircraft.
139.175 Signal area
(1) The operator of a certified aerodrome that does not have a continuous air traffic service provided by air traffic control during the day must provide a signal area in accordance with the standards set out in the Manual of Standards.
Penalty: 10 penalty units.
(2) The operator must display an appropriate signal in the signal area in any circumstances set out in the Manual of Standards that require such a signal to be displayed.
Penalty: 10 penalty units.
(3) The operator must ensure that the signal area and any signal displayed in it are clearly visible to any aircraft intending to use the aerodrome.
Penalty: 10 penalty units.
139.180 Wind direction indicators — general
The operator of a certified aerodrome must, in accordance with the standards for wind direction indicators set out in the Manual of Standards, install and maintain at least 1 wind direction indicator at the aerodrome.
Penalty: 10 penalty units.
139.185 Wind direction indicators — requirement for certain runways
(1) If a runway at a certified aerodrome is used in non‑precision approach operations, the operator of the aerodrome must ensure that there is a wind direction indicator near the end or ends of the runway at which instrument non‑precision approach operations can be conducted.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) CASA may exempt the operator under regulation 139.020 from compliance with subregulation (1) only if CASA is satisfied that surface wind information is passed to the pilots of aircraft approaching the runway by:
(a) an automatic weather observing system that:
(i) is compatible with the Bureau of Meteorology’s weather observing system; and
(ii) provides surface wind information through an aerodrome weather information broadcast; or
(b) an approved observer having a communication link with pilots through which timely information about surface wind can be clearly passed to pilots; or
(c) any other approved means of providing surface wind information.
139.190 Visual approach slope indicator system
(1) The operator of a certified aerodrome must, in accordance with the standards for visual approach slope indicator systems set out in the Manual of Standards, provide an approved visual approach slope indicator system for the end of a runway at the aerodrome if that end is regularly used as the approach end for jet‑propelled aircraft conducting regular public transport operations or charter operations.
Penalty: 10 penalty units.
Note On 2 May 2003, the visual approach slope indicator systems approved by CASA are the systems known as T‑VASIS, AT‑VASIS and PAPI.
(2) CASA may direct the operator to provide an approved visual approach slope indicator system for the approach end or ends of a runway to which subregulation (1) does not apply, if CASA considers it necessary in the interests of the safety of aircraft.
(3) The operator must comply with a direction given to the operator under subregulation (2).
Penalty: 10 penalty units.
139.195 Lighting of movement area
(1) If a certified aerodrome is available for an aircraft to land or take‑off at night, or in less than VMC during the day, the operator of the aerodrome must provide and maintain a lighting system for the movement area of the aerodrome that is in accordance with subregulations (2) and (3).
Penalty: 20 penalty units.
(2) The lighting system must include:
(a) lighting of runways, taxiways and aprons intended for use at night or in less than VMC during the day; and
(b) lighting of at least 1 wind direction indicator; and
(c) lighting of obstacles within the movement area; and
(d) if the aerodrome has a runway intended to serve Category I, II or III precision approach operations — approach, runway and taxiway lighting for the runway and taxiway.
(3) The lighting system must:
(a) if the lighting system is of a kind for which standards are specified in the Manual of Standards — meet those standards; or
(b) in any other case — be, or be of a kind, approved by CASA.
139.200 Checking of lighting systems
(1) The operator of a certified aerodrome must not put a new lighting system of a kind mentioned in subregulation (3) into service at the aerodrome if both of the following requirements are not met:
(a) an approved pilot has conducted a flight check of the system;
(b) an electrical engineer or a licensed electrician has checked the system for compliance with any applicable electrical specifications and technical standards set out in the Manual of Standards.
Penalty: 10 penalty units.
(2) If checking compliance with a specification requires the use of survey instruments, the operator must ensure that the checking is done by:
(a) a person with a degree, diploma or certificate in surveying or civil engineering; or
(b) a person with experience and competence in surveying that is acceptable to CASA.
Penalty: 10 penalty units.
(3) For subregulation (1), the kinds of lighting systems are as follows:
(a) an approach lighting system;
(b) a runway lighting system for instrument approach runways;
(c) a visual approach slope indicator system for jet‑propelled aircraft (other than a system intended for use on a temporary basis for a period not longer than 30 days);
(d) a pilot‑activated lighting system.
139.205 Aerodrome emergency committee
(1) The operator of a certified aerodrome must establish an aerodrome emergency committee.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The committee must include a representative from any fire, police or other emergency service that, having regard to the location of the aerodrome, would be likely to be asked to assist if there were an emergency at the aerodrome.
139.210 Aerodrome emergency plan
(1) The aerodrome emergency committee for a certified aerodrome must prepare an aerodrome emergency plan.
(2) The plan must include:
(a) procedures for coordinating the responses of all emergency service organisations referred to in the plan; and
(b) any other matters that are required to be included in the emergency plan by the Manual of Standards.
(3) The committee must review the emergency plan at least once a year and make any changes to the plan that are necessary to ensure that it operates properly.
(4) The review must be carried out in consultation with the emergency service organisations referred to in the emergency plan.
(5) As soon as practicable after an emergency exercise has been carried out at the aerodrome, or if an emergency has occurred at the aerodrome, as soon as practicable after the emergency, the operator of the aerodrome must arrange for the committee to:
(a) review the effectiveness of the responses to the exercise or the emergency; and
(b) assess the adequacy of the emergency plan to deal with emergencies at the aerodrome; and
(c) take such corrective action as is necessary to ensure that the plan operates properly.
(6) The operator must ensure that:
(a) records of each review of the emergency plan carried out under this regulation are kept; and
(b) each record is retained for at least 3 years after the review to which the record relates was carried out.
Penalty: 10 penalty units.
(7) An offence against subregulation (6) is an offence of strict liability.
139.215 Testing of aerodrome emergency plan
(1) Subject to this regulation, the operator of a certified aerodrome must conduct an emergency exercise at least once every 2 years to test:
(a) the coordination of the emergency service organisations referred to in the aerodrome’s emergency plan; and
(b) the adequacy of the procedures and facilities provided for in the plan.
Penalty: 10 penalty units.
(2) If a real emergency occurs at the aerodrome within 6 months before an emergency exercise is due, the operator may ask CASA to extend the period within which the next emergency exercise must be conducted.
(3) CASA must grant the request if it is satisfied that:
(a) all emergency service organisations referred to in the plan responded to the real emergency; and
(b) the real emergency adequately tested the plan.
(4) In granting the request, CASA may extend the period until the end of 2 years after the real emergency occurred.
139.220 Aerodrome serviceability inspections
(1) An aerodrome serviceability inspection is an inspection of the aerodrome to ensure that it is safe for aircraft operations.
(2) The inspection must include the following:
(a) an inspection of the movement area to check its surface condition (including for the presence of foreign objects);
(b) an inspection of aerodrome markings, lighting, wind direction indicators and ground signals;
(c) an inspection for any obstacles infringing the take‑off, approach and transitional surfaces;
(d) an inspection for any birds or animals on or near the movement area;
(e) an inspection of any measures to control the inadvertent entry of persons or animals into the movement area (including aerodrome fencing);
(f) an empirical assessment of the bearing strength of unrated runway pavements;
(g) an empirical assessment of the runway strip or each runway strip where the runway concerned is not marked and the whole runway strip may be used for aircraft operations;
(h) an inspection of the aerodrome’s frequency confirmation system (if any);
(i) a check of whether any NOTAMS for the aerodrome are current and accurate.
(3) The inspection must comply with all applicable standards for aerodrome serviceability inspections set out in the Manual of Standards.
139.225 When aerodrome serviceability inspections must be conducted
(1) The operator of a certified aerodrome must conduct an aerodrome serviceability inspection:
(a) on each day on which an airline service operates at the aerodrome; or
(b) in any other case — at least twice a week.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The operator of a certified aerodrome must also conduct an aerodrome serviceability inspection:
(a) after a gale, storm or other severe weather; and
(b) at any time that air traffic control or CASA requires the inspection.
Penalty: 10 penalty units.
139.230 Aerodrome technical inspections
(1) An aerodrome technical inspection is an inspection of aerodrome facilities for an aerodrome to ensure that any deterioration that could make a facility unsafe for aircraft operations is detected.
(2) The inspection must include the following:
(a) an instrument survey of the approach, take‑off and transitional surfaces;
(b) an inspection and testing of the aerodrome lighting and electrical reticulation systems, including the visual approach slope indicator;
(c) an electrical testing of any earthing points at the aerodrome;
(d) an inspection and assessment of the movement area pavements and drainage;
(e) an inspection of signs on the movement area;
(f) an inspection of facilities at the aerodrome used for any of the following:
(i) aerodrome emergencies;
(ii) the handling of hazardous materials;
(iii) bird and animal hazard management;
(iv) stand‑by and emergency aerodrome lighting;
(g) an inspection of airside vehicle control arrangements (if any);
(h) a check of the currency and accuracy of:
(i) aerodrome information published in AIP; and
(ii) aerodrome operating procedures specified in the aerodrome manual for the aerodrome.
(3) The inspection must comply with all applicable standards for aerodrome technical inspections set out in the Manual of Standards.
139.235 When aerodrome technical inspections must be conducted etc
(1) The operator of a certified aerodrome must ensure that:
(a) an aerodrome technical inspection is conducted at intervals of not more than 12 months; or
(b) if the operator has elected to have a part or parts of
the inspection conducted at different times under subregulation (2), each facility for the aerodrome to be inspected is inspected at intervals of not more than 12 months.
Penalty: 10 penalty units.
(2) The operator may elect to have a part or parts of an aerodrome technical inspection conducted at different times from the other parts.
(3) If it appears from an aerodrome serviceability inspection that a particular facility at the aerodrome requires an aerodrome technical inspection, the operator must ensure that the necessary technical inspection of the facility is conducted as soon as practicable.
Penalty: 10 penalty units.
(4) The operator:
(a) must, if the operator has elected to have a part or parts of an aerodrome technical inspection conducted at different times under subregulation (2):
(i) keep records of each part of each inspection; and
(ii) retain each record for at least 3 years after the part of the inspection to which the record relates was conducted; or
(b) must, in any other case:
(i) keep records of each inspection; and
(ii) retain each record for at least 3 years after the inspection to which the record relates was conducted.
Penalty: 10 penalty units.
(5) An offence against subregulation (1) or (4) is an offence of strict liability.
139.240 Who may conduct aerodrome technical inspections
(1) The operator of a certified aerodrome must ensure that
an aerodrome technical inspection is conducted by a person
or persons with appropriate technical qualifications and experience.
Penalty: 10 penalty units.
(2) In particular:
(a) the movement area, other pavements and drainage must be inspected by a person who has a recognised degree, diploma or certificate in civil engineering or appropriate technical experience; and
(b) the lighting and electrical facilities must be inspected by an electrical engineer or a licensed electrician; and
(c) the obstacle limitation surfaces must be inspected by a person who:
(i) is technically qualified or experienced in surveying; and
(ii) has a sound knowledge and understanding of
the standards and survey procedures for obstacle limitation surfaces.
139.245 Planning and execution of aerodrome works
(1) The operator of a certified aerodrome must ensure that any aerodrome works at the aerodrome are carried out in a way that does not create a hazard to aircraft, or confusion to pilots.
Penalty: 10 penalty units.
(2) The operator must comply with the standards set out in the Manual of Standards in relation to planning and notice requirements that must be satisfied before aerodrome works may be carried out.
Penalty: 10 penalty units.
139.250 Safety management system
(1) This regulation applies:
(a) to an aerodrome used by aircraft engaged in international operations — on and after 1 November 2005; and
(b) to any other certified aerodrome — on and after 1 January 2007.
(2) The operator of a certified aerodrome to which this regulation applies must ensure that the aerodrome has a safety management system that complies with the standards set out in the Manual of Standards.
Penalty: 10 penalty units.
Note This regulation is based on an ICAO requirement that is to come into effect in November 2005.
Subpart 139.C Registered aerodromes
139.255 Definition for this Subpart
In this Subpart:
aerodrome register means the register established and maintained under regulation 139.275.
139.260 Application for registration of aerodrome
(1) The operator of an aerodrome (other than a aerodrome to
which regulation 139.040 applies) may apply to CASA for registration of the aerodrome.
Note A person must not operate an aerodrome that is available for public use and has a non‑precision approach runway if the aerodrome is not a certified aerodrome or a registered aerodrome (see regulation 139.030).
(2) An application must be in the approved form and must be accompanied by:
(a) the information about the aerodrome required by Appendix 1 to this paragraph, including a diagram of the aerodrome in accordance with that Appendix; and
(b) a written statement, signed by a person approved under regulation 139.320, to the effect that:
(i) the person has conducted a safety inspection of the aerodrome; and
(ii) the aerodrome meets the applicable standards referred to in regulation 139.295 for registered aerodromes and is safe for operation; and
(c) the name or names of the person or persons who are to be the reporting officers for the aerodrome.
(3) Despite paragraph (2) (b), until the end of 1 May 2006, the statement mentioned in that paragraph may be given by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320 (2).
Appendix 1 to paragraph 139.260 (2) (a) (Diagram and information for application for registration of aerodrome)
(1) The diagram of the aerodrome must show the following:
(a) the layout of runways, their designations (runway numbers) and length in metres;
(b) the layout of taxiways and aprons;
(c) the location of the aerodrome reference point;
(d) the location of all wind direction indicators;
(e) the elevation of the aerodrome at the highest point of the landing surface;
(f) the magnetic bearing and distance to the nearest population centre, and what that centre is.
(2) The information about the aerodrome must include:
Aerodrome administration
(a) the following information about the aerodrome and its administration:
(i) the name of the aerodrome;
(ii) the name of the aerodrome operator and the address and telephone numbers at which the aerodrome operator may be contacted at all times;
(iii) the State or Territory in which the aerodrome
is located and the latitude and longitude for the location;
(iv) whether the aerodrome is a public or private aerodrome;
(v) the charges for use of the aerodrome;
(vi) the name and contact details for the persons who are to be the reporting officers for the aerodrome; and
Runways
(b) the following information for each runway at the aerodrome:
(i) the runway reference code number for the approach and take‑off areas that have been surveyed;
(ii) runway width and slope;
(iii) runway strip width (grade and overall);
(iv) declared distances and supplementary take‑off distances;
(v) pavement strength rating; and
Aerodrome lighting
(c) for each runway at the aerodrome that may be used at night — the following information:
(i) whether the runway edge lights are low, medium or high intensity lights;
(ii) whether approach lighting is provided;
(iii) whether pilot‑activated lighting is provided and, if pilot‑activated lighting is provided, its frequency;
(iv) whether T‑VASIS or PAPI lighting systems are provided;
(v) whether there is an aerodrome beacon;
(vi) whether there is stand‑by power or portable lighting;
(vii) information about any other lighting provided; and
Ground services
(d) the following information about ground services available to visiting pilots:
(i) the types of aviation fuel available and contact details for fuel suppliers;
(ii) contact details for local weather information;
(iii) details of the universal communication system; and
Special procedures
(e) information about any special procedures that pilots need to observe or follow; and
Notices
(f) the following local safety information:
(i) the presence of obstacles or other hazards (including animals or birds);
(ii) restrictions on the use of taxiways or aprons;
(iii) other activities at the aerodrome (for example, sport aviation activities).
139.265 Registration of aerodromes
CASA must, if the operator of an aerodrome has applied
for registration of the aerodrome in accordance with regulation 139.260:
(a) register the aerodrome by entering the following information about the aerodrome in the aerodrome register:
(i) the name of the aerodrome;
(ii) the details of the location of the aerodrome;
(iii) the name and address of the operator; and
(b) tell the operator, in writing, that the aerodrome is registered; and
(c) direct AIS to publish in AIP‑ERSA details of the registration and the information about the aerodrome required by Appendix 1 to paragraph 139.260 (2) (a).
139.270 Notice of refusal to register aerodrome
If CASA refuses to register an aerodrome, CASA must, no later than 14 days after it refuses to register the aerodrome, give the operator of the aerodrome written notice of the refusal and the reasons for it.
139.275 Register
(1) CASA must establish and keep, in the approved form, a register of aerodromes registered under this Subpart.
(2) CASA must make the aerodrome register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions.
(3) CASA may comply with subregulation (2) by making the information recorded in the aerodrome register accessible on the Internet.
(4) CASA must alter the information recorded in the aerodrome register if that information is not up to date.
(5) CASA must correct the information in the aerodrome register if there is an error in that information.
139.280 Duration of registration
(1) The registration of an aerodrome remains in force unless it is cancelled.
(2) However, the registration is not in force during any period in which it is suspended.
139.285 Cancellation of registration on request
(1) If the operator of a registered aerodrome wishes the registration of the aerodrome to be cancelled, the operator must give CASA not less than 30 days’ written notice of the date on which the operator wishes the registration to be cancelled.
(2) CASA must cancel the registration on the date specified in the notice and arrange for:
(a) the cancellation to be notified in NOTAMS; and
(b) details of the registration and any other information about the aerodrome to be removed from AIP‑ERSA.
139.290 Suspension or cancellation of registration by CASA
(1) CASA may, by written notice given to the operator of a registered aerodrome, suspend or cancel the registration of the aerodrome if there are reasonable grounds for believing that:
(a) the aerodrome fails to meet any of the standards applicable to the aerodrome under regulation 139.295; or
(b) the operator of the aerodrome has failed to comply
with regulation 139.025, 139.300, 139.305, 139.310 or 139.315.
(2) Before suspending or cancelling the registration of an aerodrome, CASA must:
(a) give to the operator a show cause notice that:
(i) sets out the facts and circumstances that, in the opinion of CASA, would justify the suspension or cancellation; and
(ii) invites the operator to show cause, in writing, within 30 days after the date of the notice, why the registration should not be suspended or cancelled; and
(b) take into account any written submissions that the
operator makes to CASA within the time allowed under subparagraph (a) (ii).
139.295 Applicable standards for registered aerodromes
The standards applicable to registered aerodromes are:
(a) the standards applicable to certified aerodromes in relation to the following matters:
(i) physical characteristics of the movement area;
(ii) obstacle limitation surfaces;
(iii) aerodrome markings;
(iv) lighting;
(v) wind direction indicators;
(vi) signal circle and ground signals; and
(b) any other standards set out in the Manual of Standards that are applicable to registered aerodromes.
139.300 Reporting officer
(1) The operator of a registered aerodrome must appoint 1 or more reporting officers for the aerodrome.
(2) The functions of a reporting officer are:
(a) to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and
(b) to report to the NOTAM Office and air traffic control any changes in conditions, or any other occurrences, at the aerodrome that must be reported under regulation 139.305.
(3) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.
139.305 Notice of changes in physical condition etc of aerodrome
(1) The operator of a registered aerodrome must, in accordance with the Manual of Standards, give notice to the NOTAM Office of:
(a) any temporary or permanent change in the physical condition of the aerodrome that may affect the safety of aircraft; or
(b) any other occurrence relating to the operation or maintenance of the aerodrome that may affect the safety of aircraft.
(2) If the aerodrome is a controlled aerodrome, the notice must also be given to air traffic control.
139.310 Notice of changes in information published in AIP‑ERSA
To maintain the accuracy of the information published in AIP‑ERSA in relation to a registered aerodrome, the operator of the aerodrome must tell AIS, in writing, as soon as practicable of any change required to that information (other than a change that is published in NOTAMS).
139.315 Safety inspections
(1) This regulation applies to a registered aerodrome that is used by an aircraft that:
(a) is engaged in regular public transport operations or charter operations; and
(b) has a maximum passenger seating capacity of more than 9 seats.
(2) The operator of the aerodrome must arrange for a safety inspection of the aerodrome to be conducted at least once each year.
(3) The safety inspection must be conducted by a person approved under regulation 139.320.
(4) The approved person must give the operator a written report that:
(a) deals with the matters set out in Appendix 1 to this paragraph; and
(b) specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards.
(5) Within 30 days after receiving the report, the operator must give to CASA:
(a) a copy of the report; and
(b) if the report specifies any remedial work as being necessary — a statement as to when and how the operator intends to do the remedial work.
(6) Despite subregulation (3), until the end of 1 May 2006, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but met the requirements of Part 1 of Schedule 11 of CAR as in force immediately before that commencement.
Appendix 1 to paragraph 139.315 (4) (a) (Matters to be dealt with in safety inspections)
Details of aerodrome
(1) Check that the following details relating to the aerodrome, published in AIP‑ERSA or given to air transport operators, are correct:
(a) details of the location of the aerodrome;
(b) the name and address of the aerodrome operator;
(c) details of the movement area;
(d) details of runway distances available;
(e) details of the aerodrome lighting;
(f) details of ground services;
(g) notice of special conditions and procedures, if any.
Aerodrome operating procedures
(2) Check aerodrome operating procedures to ensure that the following matters are dealt with:
(a) recording of aerodrome inspections;
(b) recording of notices given to the NOTAM Office and AIS or to air transport operators;
(c) recording of aerodrome works.
Reporting officer
(3) Check that each person appointed as a reporting officer is competent to carry out the reporting officer’s functions.
Details relating to movement area etc
(4) Check the following:
(a) dimensions and surface conditions of runways, taxiways and aprons;
(b) aerodrome lighting, including back‑up lighting and obstacle lighting;
(c) wind direction indicators and their illumination;
(d) aerodrome markings and signs;
(e) obstacle limitation surfaces applicable to the aerodrome;
(f) two‑way radios (whether hand‑held or installed in vehicles) used by the aerodrome operator on the movement area;
(g) equipment used for dispersing birds;
(h) aerodrome fencing.
139.320 Approval of persons to conduct aerodrome safety inspections
(1) A person may apply to CASA for approval to conduct aerodrome safety inspections for this Subpart.
(2) CASA must approve the person if the person:
(a) has:
(i) a recognised degree, diploma or certificate in civil engineering, surveying or a related field and a sound knowledge of the parts of these Regulations and the standards, practices and procedures that are applicable to the operation and maintenance of aerodromes; or
(ii) other qualifications, knowledge and experience that CASA considers suitable for conducting an aerodrome safety inspection; and
(b) would, if the approval is given, be able to perform properly the aerodrome safety inspection function.
139.325 Duration of approval
(1) Unless sooner cancelled, an approval under regulation 139.320 remains in force until the end of 5 years after it is given.
(2) An approval is not in force during any period in which it is suspended, but the period of suspension counts as part of the 5 year approval period.
139.330 Suspension or cancellation of approval by CASA
(1) CASA may suspend or cancel an approval of a person under regulation 139.320, by written notice given to the person, if the person has not properly carried out, or is no longer properly carrying out, the aerodrome safety inspection function.
(2) Before cancelling or suspending the approval, CASA must:
(a) give the person written notice:
(i) stating the reasons that, in the opinion of CASA, would justify the cancellation or suspension; and
(ii) advising the person that he or she may, within 30 days after the date of the notice, give CASA written reasons why the approval should not be suspended or cancelled; and
(b) take into account any written reasons given to it by the person within the time allowed under subparagraph (a) (ii).
Subpart 139.D Reporting officer and safety inspection requirements for certain other aerodromes
139.335 Aerodromes to which this Subpart applies
(1) This Subpart applies to an aerodrome that:
(a) is not a certified aerodrome or a registered aerodrome; and
(b) is used at least once a week by an aircraft that:
(i) is engaged in regular public transport operations or charter operations; and
(ii) has a maximum passenger seating capacity of more than 9 seats but not more than 30 seats.
(2) To establish the applicability of this Subpart to an aerodrome, CASA may direct the operator of the aerodrome to give
to CASA statistics about the number of movements at the aerodrome, in a specified period, of aircraft to which subparagraphs (1) (b) (i) and (ii) apply.
(3) An aerodrome operator must comply with a direction given to the operator under subregulation (2).
Penalty: 10 penalty units.
139.340 Reporting officer
(1) The operator of an aerodrome to which this Subpart applies must appoint 1 or more reporting officers for the aerodrome.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The functions of a reporting officer are:
(a) to monitor the serviceability of the aerodrome in accordance with the Manual of Standards; and
(b) to report to the operators that use the aerodrome any changes in conditions, or any other occurrences, at the aerodrome that may affect the safety of aircraft operations.
(4) The operator must not appoint a person as a reporting officer if the person has not been trained, in accordance with the Manual of Standards, to perform the reporting officer’s functions.
Penalty: 10 penalty units.
139.345 Safety inspections
(1) The operator of an aerodrome to which this Subpart applies must arrange for a safety inspection of the aerodrome to be conducted at least once each year.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) The safety inspection must be conducted by a person approved, under regulation 139.320, to conduct safety inspections for Subpart 139.C.
Penalty: 10 penalty units.
(4) The approved person must give the operator a written report that:
(a) deals with the matters set out in Appendix 1 to this paragraph; and
(b) specifies any remedial work that is necessary for the aerodrome to comply with the applicable standards.
(5) Within 30 days after receiving the report, the operator must give to CASA:
(a) a copy of the report; and
(b) if the report specifies any remedial work as being necessary — a statement as to when and how the operator intends to do the remedial work.
Penalty: 10 penalty units.
(6) Despite subregulation (3), until the end of 1 May 2006, the safety inspection may be conducted by a person who is not approved by CASA under regulation 139.320 but is a person CASA is satisfied meets the requirements of subregulation 139.320 (2).
Appendix 1 to paragraph 139.345 (4) (a) (Matters to be dealt with in safety inspections)
Details of aerodrome
(1) Check that the following details relating to the aerodrome, published in AIP‑ERSA or given to air transport operators, are correct:
(a) details of the location of the aerodrome;
(b) the name and address of the aerodrome operator;
(c) details of the movement area;
(d) details of runway distances available;
(e) details of the aerodrome lighting;
(f) details of ground services;
(g) notice of special conditions and procedures, if any.
Aerodrome operating procedures
(2) Check aerodrome operating procedures to ensure that the following matters are dealt with:
(a) recording of aerodrome inspections;
(b) recording of notices given to the NOTAM Office and AIS or to air transport operators;
(c) recording of aerodrome works.
Reporting officer
(3) Check that each person appointed as a reporting officer is competent to carry out the reporting officer’s functions.
Details relating to movement area etc
(4) Check the following:
(a) dimensions and surface conditions of runways, taxiways and aprons;
(b) aerodrome lighting, including back‑up lighting and obstacle lighting;
(c) wind direction indicators and their illumination;
(d) aerodrome markings and signs;
(e) obstacle limitation surfaces applicable to the aerodrome;
(f) two‑way radios whether hand‑held or installed in vehicles used by the aerodrome operator on the movement area;
(g) equipment used for dispersing birds;
(h) aerodrome fencing.
Subpart 139.E Obstacles and hazards
139.350 Monitoring of airspace
(1) The operator of a certified aerodrome or a registered aerodrome must monitor the airspace around the aerodrome for infringement of the obstacle limitation surfaces by:
(a) any object, building or structure; or
(b) any gaseous efflux having a velocity exceeding 4.3 metres per second.
(2) The monitoring must be in accordance with the standards set out in the Manual of Standards.
139.355 Establishment of obstacle limitation surfaces
An aerodrome operator must ensure that obstacle limitation surfaces are established for the aerodrome in accordance with the standards set out in the Manual of Standards.
139.360 Notice of obstacles
(1) An aerodrome operator must take all reasonable measures to ensure that obstacles at, or within the vicinity of, the aerodrome are detected as quickly as possible.
(2) If the operator becomes aware of the presence of an obstacle, the operator must:
(a) tell the NOTAM Office immediately; and
(b) give the NOTAM Office details of:
(i) the height and location of the obstacle; and
(ii) amended declared distances and gradients, if applicable.
Penalty: 10 penalty units.
(3) If the operator becomes aware of any development or proposed construction near the aerodrome that is likely to create an obstacle, the operator must:
(a) tell CASA as soon as practicable; and
(b) give to CASA details of the likely obstacle.
Penalty: 10 penalty units.
139.365 Structures 110 metres or more above ground level
A person who proposes to construct a building or structure the top of which will be 110 metres or more above ground level must inform CASA of that intention and the proposed height and location of the building or structure.
Penalty: 10 penalty units.
139.370 Hazardous objects etc
(1) CASA may determine, in writing, that:
(a) an obstacle, or any proposed development or other proposed construction that is likely to create an obstacle; or
(b) a building or structure the top of which is 110 metres or more above ground level; or
(c) a proposed building or structure the top of which will be 110 metres or more above ground level;
is, or will be, a hazardous object because of its location, height or lack of marking or lighting.
(2) CASA may determine, in writing, that a gaseous efflux having a velocity exceeding 4.3 metres per second is, or will be, a hazard to aircraft operations because of the velocity or location of the efflux.
(3) If CASA makes a determination under subregulation (1) or (2), it must:
(a) publish in AIP or NOTAMS particulars of the hazardous object or gaseous efflux to which the determination relates; and
(b) give written notice of the determination in accordance with subregulation (4).
(4) CASA must give a copy of the notice:
(a) in the case of a hazardous object that is a proposed building or structure:
(i) to the person proposing to construct the building or structure; and
(ii) to the authority or, if applicable, one or more of the authorities whose approval is required for the construction; and
(b) in any other case, if a person who owns or is in occupation or control of the hazardous object, or owns or is in control of the installation that produces the gaseous efflux, can reasonably be identified — to that person.
Subpart 139.F Aerodrome radio communication services
Division 139.F.1 General
139.375 Aerodrome operators to collect statistics if directed
(1) If CASA considers it necessary in the interests of the safety of air navigation, CASA may, in writing, give directions to an aerodrome operator about collecting:
(a) statistics about:
(i) the types of aircraft using the aerodrome; and
(ii) the times of aircraft movements at the aerodrome; and
(b) other information, specified by CASA in the direction, that is relevant to deciding what radio communication services or air traffic services should be provided at the aerodrome.
(2) An aerodrome operator must comply with a direction given to the operator under subregulation (1).
Penalty: 10 penalty units.
Division 139.F.2 Frequency confirmation system
139.380 Definitions for Division 139.F.2
In this Division:
frequency confirmation system means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received.
non‑controlled aerodrome means an aerodrome at which an air traffic control service is not operating.
139.385 Aerodromes that must have a frequency confirmation system
(1) The operator of a non‑controlled aerodrome must ensure that there is a frequency confirmation system for the aerodrome in accordance with subregulation (2) if:
(a) the aerodrome is located in an MBZ; or
(b) the aerodrome is used at least 5 times a week by aircraft that:
(i) are engaged in regular public transport operations or charter operations; and
(ii) have a maximum passenger seating capacity of more than 9 seats.
Penalty: 10 penalty units.
(2) The frequency confirmation system must comply with the standards for frequency confirmation systems set out in the Manual of Standards.
Division 139.F.3 Air/ground radio service
139.390 Definitions for Division 139.F.3
In this Division:
AAIS (automatic aerodrome information service) means the service that provides current, routine information for aircraft arriving at or departing from an aerodrome by means of repetitive broadcasts on a discrete frequency.
air/ground radio service means an aerodrome radio information service that provides aircraft operating in the MBZ of an aerodrome with the services and information specified in section 14.2 of the Manual of Standards.
certified air/ground radio operator, or CA/GRO, means a person who is certified as a CA/GRO under regulation 139.430.
certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.
139.395 Air/ground radio service must be certified
(1) The operator of an aerodrome must not operate, or permit to be operated, at the aerodrome an air/ground radio service that is not a CA/GRS.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) Subregulation (1) does not apply if the operator has CASA’s written approval to operate the service for the purpose of conducting tests necessary to determine whether the service meets the standards for a CA/GRS set out in the Manual of Standards.
139.400 Direction by CASA to provide CA/GRS
(1) CASA may direct the operator of an aerodrome to provide a CA/GRS at the aerodrome.
(2) CASA must not give a direction under subregulation (1) unless an aeronautical study for the aerodrome has found that a CA/GRS is required at the aerodrome for the safety of air navigation.
(3) An operator must comply with a direction given to the operator under subregulation (1).
Penalty: 10 penalty units.
139.405 Voluntary provision of CA/GRS
An aerodrome operator who has not been given a direction under regulation 139.400 may provide a CA/GRS at the aerodrome.
139.410 Certification of air/ground radio service
(1) The operator of an aerodrome may ask CASA to certify an air/ground radio service for the aerodrome as meeting the standards for a CA/GRS set out in the Manual of Standards.
(2) A request must be made to CASA in accordance with the Manual of Standards.
(3) If the operator asks CASA to certify an air/ground radio service under this regulation, or because of a direction under regulation 139.400, CASA must certify the service if it meets the standards for a CA/GRS set out in the Manual of Standards.
139.415 General obligations of aerodrome operator
The operator of an aerodrome that has a CA/GRS must ensure that:
(a) the CA/GRS is provided with the facilities required for a CA/GRS by the Manual of Standards; and
(b) only a CA/GRO operates the CA/GRS; and
(c) if the aerodrome is a certified aerodrome — the aerodrome manual for the aerodrome includes the operational procedures for the CA/GRS; and
(d) the CA/GRS is operated in accordance with regulation 139.420.
Penalty: 10 penalty units.
139.420 When CA/GRS must be operating
(1) The CA/GRS must be operating for the arrival and departure of an aircraft that:
(a) is engaged in regular public transport operations or charter operations; and
(b) has a maximum passenger seating capacity of more than 30 seats.
(2) Subregulation (1) does not apply if:
(a) an air traffic control service is operating at the aerodrome; or
(b) an exemption from the requirement is in effect under regulation 139.020.
(3) Also, subregulation (1) does not apply for the limited period mentioned in subregulation (4) if:
(a) the CA/GRO is absent from duty because of sickness or injury; or
(b) the CA/GRS is unserviceable.
(4) The limited period is the lesser of:
(a) 7 days; and
(b) the period of the absence from duty or the unserviceability.
139.425 Information about operating hours to be given to NOTAM Office
(1) The operator of an aerodrome that has a CA/GRS must give the NOTAM Office the following information, in writing:
(a) the hours of operation of the CA/GRS;
(b) the radio frequency and the call‑sign of the CA/GRS;
(c) the radio frequency of the AAIS for the aerodrome.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) If the CA/GRS becomes unavailable at the hours of operation notified under paragraph (1) (a), the operator must tell the NOTAM Office as soon as practicable.
Penalty: 10 penalty units.
139.430 Certified air/ground radio operators
(1) A person may apply to CASA for certification as a CA/GRO.
(2) The application must be made to CASA in accordance with the Manual of Standards.
(3) On receiving an application under this regulation, CASA must grant the application if the applicant meets the standards for a CA/GRO set out in the Manual of Standards.
139.435 Offences
(1) When a CA/GRO is providing a CA/GRS, he or she must not perform any other duties that are unrelated to the provision of the CA/GRS.
Penalty: 5 penalty units.
(2) The operator of an aerodrome must not allow a CA/GRO to provide a CA/GRS at the aerodrome if:
(a) the CA/GRO:
(i) has consumed any alcohol in the 8 hours before the service is to be provided; or
(ii) is suffering from an incapacity that is likely to impair his or her efficiency in providing the service; and
(b) the operator knows of that fact.
Penalty: 5 penalty units.
Subpart 139.H Aerodrome rescue and fire fighting services
Note As a signatory to the Chicago Convention, Australia is obliged to require, as part of its domestic law, that certain classes of airport provide rescue and firefighting services of an adequate standard. (See generally section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.) To satisfy that obligation, this Subpart requires operators of aerodromes that have scheduled international traffic, or specified levels of domestic passenger traffic, to provide those services, and sets out the standards that apply to such services. Aerodromes that are not obliged to provide an ARFFS may choose to do so, and this Subpart will apply to a service so provided until the operator gives reasonable notice that it will no longer provide such a service.
Division 139.H.1 General
139.700 Applicability of this Subpart
(1) This Subpart applies to aerodrome rescue and firefighting services.
(2) This Subpart sets out:
(a) how a person receives approval as a provider of an aerodrome rescue and firefighting service; and
(b) the operating and technical standards applicable to such a service.
(3) This Subpart does not apply to:
(a) a person who is providing an aerodrome rescue and firefighting service in the course of his or her duties for the Defence Force; or
(b) any aerodrome rescue and firefighting service provided by the Defence Force.
139.705 Definitions for this Subpart
(1) In this Subpart:
airside of an aerodrome has the same meaning as airside of an airport in the Airports Act 1996.
ARFFS means aerodrome rescue and fire‑fighting service.
ARFFS operation means an operation undertaken in carrying out a function mentioned in paragraph 139.710 (1) (a) or (b).
ARFFS provider for an aerodrome means the person or organisation that provides ARFFS for the aerodrome.
category of an aerodrome means its category worked out by the method set out in section 9.2 of chapter 9 of Annex 14 to the Chicago Convention.
ERSA means the part of AIP known as En Route Supplement Australia.
Manual of Standards means the document called ‘Manual of Standards (MOS) – Subpart 139.H’ issued by CASA under regulation 139.712, as in force from time to time.
(2) A reference in this Subpart to an AFC certificate of a particular level is a reference to:
(a) a certificate of that level issued under the Australian Fire Competencies Scheme (that is, the training scheme administered by the Australian Fire Authorities Council); or
(b) a certificate accepted by CASA as indicating that the certificate holder has successfully completed a training program of a standard equivalent to that required for the issue of an AFC certificate of that level.
139.710 Functions of ARFFS
(1) The functions of an ARFFS for an aerodrome are:
(a) to rescue persons and property from an aircraft that has crashed or caught fire during landing or take‑off; and
(b) to control and extinguish, and to protect persons and property threatened by, a fire on the aerodrome, whether or not in an aircraft.
(2) Nothing in subregulation (1) prevents the ARFFS provider for an aerodrome from performing fire control services or rescue services elsewhere than on an aerodrome, but the provider must give priority to operations mentioned in subregulation (1).
139.711 Person not to provide service without approval
(1) A person must not provide an ARFFS at an aerodrome unless the person is approved, under Division 5, to provide the ARFFS.
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.
139.712 Issue of Manual of Standards
(1) CASA may issue a Manual of Standards for this Subpart that provides for the following matters:
(a) standards and criteria for the establishment and disestablishment of an ARFFS;
(b) standards relating to the procedures, systems and documents required for the provision of an ARFFS;
(c) standards for facilities and equipment used to provide an ARFFS;
(d) standards, including competency standards, minimum qualifications and training standards, for persons engaged in an ARFFS;
(e) any matter required or permitted by the regulations to be provided for by the Manual of Standards;
(f) any matter necessary or convenient to be provided for the effective operation of this Subpart.
Note A Manual of Standards is a legislative instrument — see subsections 98 (5A) and (5B) of the Act and subparagraph 6 (d) (i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
(2) CASA must give a copy of a notice about a Manual of Standards for this Subpart (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ARFFS provider.
Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
139.715 Effect of Manual of Standards
(1) If CASA sets out, in the Manual of Standards, a way of complying with a requirement of this Subpart, an ARFFS provider who uses that way is taken to have complied with the requirement unless the contrary is shown.
(2) CASA may take the extent to which an ARFFS provider complies with the Manual into account in deciding whether the service provided by the provider is adequate.
Division 139.H.3 Requirements to be complied with by ARFFS provider
139.750 Requirements in this Division
A requirement in this Division for there to be a system or procedure to do something is a requirement that the system or procedure:
(a) must exist; and
(b) must be in use.
139.755 Definition for Division — applicable standards and requirements
(1) In this Division:
applicable standards and requirements, for an aerodrome of a particular category, means:
(a) for an aerodrome to which subregulation (2) applies — the standards and requirements for an aerodrome of its category set out in:
(i) Chapter 9 of Annex 14 to the Chicago Convention; and
(ii) the Manual of Standards; or
(b) for any other aerodrome — the standards and requirements for an aerodrome of its category set out in the Manual of Standards.
(2) This subregulation applies to:
(a) an aerodrome from or to which an international passenger air service operates; and
(b) any other aerodrome through which more than 350 000 passengers passed on air transport flights during the previous financial year.
(3) In paragraph (2) (a):
international passenger air service means:
(a) an international air service (within the meaning given by subsection 3 (1) of the Air Navigation Act 1920) that carries passengers, other than a non‑scheduled service (within the meaning given by that subsection); or
(b) a non‑scheduled passenger‑carrying flight, or program of non‑scheduled passenger‑carrying flights, carried out under a permission granted under section 15D of the Air Navigation Act 1920; or
(c) a non‑scheduled passenger‑carrying flight, or program of non‑scheduled passenger‑carrying flights, in a category in respect of which the Secretary to the Department has determined, under subsection 15A (3) of that Act, that such a permission is not required.
(4) For paragraph (2) (b), the number of passengers that pass through an aerodrome is to be determined according to statistics published by the Department.
Note Department means the Department administered by the Minister who administers these Regulations (see the Acts Interpretation Act 1901, subsection 19A (3) and section 46). At present that Department is the Department of Transport and Regional Services.
139.760 Inconsistency between Manual and chapter 9 of Annex 14
If a requirement of the Manual of Standards, as it applies to a particular aerodrome, is inconsistent with a requirement of chapter 9 of Annex 14 to the Chicago Convention, as it applies to that aerodrome, the requirement of the Manual prevails to the extent of the inconsistency.
139.765 Knowledge, equipment and expertise to deal with aviation hazards
An ARFFS provider must have the knowledge, equipment and expertise to deal with any hazard likely to arise during an aviation accident or incident, including any hazard mentioned in the Manual of Standards.
139.770 General obligation to maintain service
(1) An ARFFS provider must ensure that the service is available during the period or periods published in ERSA as the period or periods of its availability.
(2) Subregulation (1) does not prevent the level of protection provided during predictable periods of reduced activity at the aerodrome from being reduced, within the limit allowed by Chapter 9 of Annex 14 to the Chicago Convention.
139.771 Response time of ARFFS
(1) An ARFFS must be able to meet the criteria for response time set out in Chapter 9 of Annex 14 to the Chicago Convention.
(2) Subregulation (1) applies to an ARFFS whether or not Annex 14 to the Chicago Convention applies to the ARFFS.
139.772 Buildings and emergency facilities
(1) An ARFFS provider for an aerodrome to which subregulation 139.755 (2) applies must ensure that the necessary buildings and facilities for the service, including the following, are at the aerodrome:
(a) a fire station;
(b) communications facilities;
(c) facilities for the maintenance of vehicles and equipment;
(d) training facilities;
(e) storage facilities;
(f) if there is a body of water within 1 000 metres of a runway threshold — a boat ramp and boat launching facilities.
(2) The ARFFS provider must ensure that those buildings and facilities comply with any applicable requirements (including requirements as to location) in the Manual of Standards.
(3) The ARFFS provider must ensure that there is a facility, in accordance with the requirements of the Manual of Standards, for replenishing the water supply of a fire fighting vehicle.
(4) The ARFFS provider must ensure that there are the appropriate emergency roads on the aerodrome in accordance with the requirements of the Manual of Standards.
(5) An ARFFS provider must ensure that there are, at an aerodrome other than one to which subregulation 139.755 (2) applies, the following facilities:
(a) a standby point for an emergency vehicle that will allow the vehicle to achieve the response time required by the Manual of Standards;
(b) storage for a reserve stock of extinguishing agents.
139.773 Officer in charge
(1) An ARFFS provider must appoint, as officer in charge of ARFFS operations for an aerodrome, a person who is based at the aerodrome and who holds:
(a) for an aerodrome categorised as Category 6 or above — an AFC Advanced Diploma that meets the standards in the Manual of Standards; or
(b) for an aerodrome categorised as Category 5 or below — an AFC Diploma that meets the standards in the Manual of Standards.
(2) In paragraphs (1) (a) and (b):
AFC means Australian Fire Competencies.
139.775 Notice about times service is available etc
(1) An ARFFS provider must ensure that notice is published in ERSA of the hours during which the service is available.
(2) If for some reason (such as an emergency on the aerodrome) it becomes temporarily impossible to provide an ARFFS to the standard required by this Subpart, the provider must tell the Australian NOTAM Office:
(a) of the reduction in the service; and
(b) how long it is likely to be before the full service is restored.
(3) The provider must tell CASA in writing of any proposed reduction in the standard of service that:
(a) will last longer than 24 hours; or
(b) reduces the standard of ARFFS provided at the airport concerned to a greater extent than is permissible under Chapter 9 of Annex 14 to the Chicago Convention.
139.780 Agreements with other fire fighting bodies
(1) An ARFFS provider may make an arrangement:
(a) for an aerodrome that is a joint user airport (within the meaning of the Airports Act 1996) — with the Defence Force for the provision of the ARFFS provider’s services to the Defence Force for the part of the aerodrome under the control of the Force; or
(b) with a State or Territory, or another person or body, for the services of the provider for firefighting or rescue in the State or Territory beyond the airside of the aerodrome concerned.
(2) If a provider makes such an arrangement, the provider must ensure that it is recorded in writing.
139.785 Stock of fire extinguishing agents
(1) There must be, on the aerodrome, a stock of fire‑extinguishing agents of the kind or kinds, and meeting the performance standards, required by the applicable standards and requirements.
(2) The fire‑extinguishing agents must be held in at least the quantities required by those standards and requirements.
139.795 Extinguishing equipment and vehicles
(1) There must be, on the aerodrome, vehicles and equipment for delivering extinguishing agent onto a fire.
(2) There must be at least as many vehicles, and at least as much equipment, as required by the applicable standards and requirements.
(3) Each vehicle or piece of equipment:
(a) must be capable of delivering extinguishing agent onto a fire at at least the rate required by the applicable standards and requirements; and
(b) must have at least the performance (in other respects) required by those standards and requirements.
(4) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.
(5) Each vehicle and piece of equipment must be in good working order.
(6) The vehicles must be of a colour permitted by the applicable standards and requirements.
(7) The provider must keep maintenance instructions for each vehicle and each piece of the equipment, including all the information necessary to permit an appropriately qualified and technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record‑keeping on or for the vehicle or equipment.
139.800 Other vehicles and equipment
(1) There must be, at the aerodrome, enough vehicles and equipment (other than vehicles and equipment for delivering extinguishing agent onto a fire) to provide the service, in accordance with the applicable standards and requirements.
(2) The performance of the vehicles and equipment must be in accordance with the applicable standards and requirements.
(3) The vehicles must carry ancillary equipment in accordance with the applicable standards and requirements.
(4) The provider must keep maintenance instructions for each piece of the provider’s equipment, including all the information necessary to permit a technically competent person to carry out maintenance, performance monitoring, defect reporting, fault reporting and record‑keeping on or for the equipment.
139.805 Vehicles and equipment for firefighting and rescue in difficult environments
(1) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, there must be appropriate vehicles, boats and equipment for firefighting and rescue in that environment within 1 000 metres of the threshold of each runway.
(2) The vehicles, boats and equipment must be in at least the numbers and quantity required by the applicable standards and requirements.
(3) The vehicles and boats must be of a colour required or permitted by the applicable standards and requirements.
139.810 Commissioning of certain equipment
An ARFFS provider must not begin to use a piece of operational equipment for the purpose of an ARFFS unless the equipment has been approved by CASA as conforming to specifications and any applicable standards, in accordance with the operator’s aerodrome manual, and any applicable standards or requirements in the Manual of Standards.
139.815 Protective clothing and equipment
At the aerodrome there must be, for the firefighters and rescue personnel:
(a) protective clothing that complies with:
(i) if there is a relevant Australian Standard (as in force immediately before this regulation commences) — that Standard; or
(ii) if there is no such Australian Standard — any relevant internationally recognised standard;
in at least the quantity required by the applicable standards and requirements; and
(b) other protective equipment in the quantity required by, and of a kind in accordance with, those standards and requirements.
139.820 Communications
(1) There must be, on the aerodrome, sufficient communications equipment available to provide communication during an ARFFS operation.
(2) The vehicles used for the service must carry suitable communications equipment.
(3) A person who is required to operate the equipment must hold a licence or certificate of a kind mentioned in paragraph 83 (1) (d) of CAR 1988 and appropriate to the equipment.
(4) The equipment must not interfere, when in use, with communications equipment used by the air traffic service at the aerodrome.
139.825 Test and maintenance equipment
(1) The provider must have the necessary equipment and tools, in accordance with the applicable standards and requirements, to test and maintain the equipment used to provide the service.
(2) If the applicable standards and requirements require particular test or maintenance equipment, particular kinds of test or maintenance equipment, or particular numbers or quantities of a particular type of test or maintenance equipment, the provider must have that equipment or that number or quantity of that type of equipment.
139.830 Commissioning of new vehicles and equipment
The provider must not put a new vehicle, or a new item of equipment that affects the quality or rate of discharge of extinguishing agent, into service unless:
(a) the vehicle or equipment has been approved by CASA, for conformity to specification and the applicable standards and requirements, in accordance with the provider’s operations manual; and
(b) CASA has acknowledged that the vehicle or equipment meets the applicable standards and requirements; and
(c) any necessary personnel training has been completed.
139.835 Number of operating personnel
(1) During any period announced in ERSA as a period during which ARFFS is available at an aerodrome, there must be enough trained personnel available at the aerodrome to operate the equipment and vehicles required to provide the service at full capacity.
(2) Those personnel must be stationed at places that allow the ARFFS to respond to an emergency at least as quickly as required by the applicable standards and requirements.
139.840 Medical standard of firefighters
(1) The people employed as firefighters must meet the medical standard for firefighters set out in the Manual of Standards.
(2) There must be a system of continuing medical checks for the people employed as firefighters that ensures that the ARFFS provider knows whether or not those people continue to meet that standard.
139.845 Qualifications and training of firefighters
(1) The people employed as firefighters must already be trained
to at least AFC Certificate 2 standard, or, if for a particular position the Manual of Standards specifies a higher standard, that higher standard.
(2) Before being used in any operational capacity, those people must also receive, or have received, appropriate training in dealing with hazards specific to aviation accidents and incidents, to the extent that such training is not part of the training required for an AFC Certificate 2.
(3) The people employed as firefighters must receive appropriate training to familiarise them with local conditions.
(4) There must be ongoing training for the people employed as firefighters to ensure that they continue to meet that standard.
(5) If a significant proportion of aircraft movements at the aerodrome take place over water, swamp or another difficult environment, the firefighters must be appropriately trained to carry out their functions in that environment.
139.850 Operations manual
(1) There must be an operations manual for the service that complies with the standards set out in the Manual of Standards.
(2) The operations manual must include a chart showing the organisations that provide services to the provider, setting out the roles and responsibilities of those organisations and how those roles and responsibilities affect the Aerodrome Emergency Procedures for the aerodrome concerned.
(3) The operations manual must be kept up to date.
(4) Each of the provider’s employees must have ready access to an up‑to‑date copy of the operations manual.
(5) The provider must give CASA a copy of the operations manual, and of any changes to it.
(6) There must be an up‑to‑date copy of the operations manual at each operational station.
(7) The provider must comply with the requirements of the operations manual.
139.855 Amendment of operations manual
(1) An ARFFS provider may amend its operations manual, but an amendment is of no effect until approved in writing by CASA.
(2) CASA may direct an ARFFS provider to amend its operations manual is a way specified in the direction.
(3) The provider must comply with the direction.
139.860 Voice data recording
There must be a system to record electronically, in accordance with the standards or requirements set out in the Manual of Standards, any voice communication by radio or telephone in the course of an ARFFS operation.
139.865 Record of accidents or incidents
There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to record the details of any aircraft accident or incident, or building fire, in relation to which the service is required to take any action.
139.870 Contingency plan
(1) There must be a plan, in accordance with the standards or requirements set out in the Manual of Standards, of the procedures to be used in the event of an emergency that results, or may result, in the service being interrupted.
(2) The plan must include at least the following:
(a) actions to be taken by firefighters and rescue personnel;
(b) possible alternative arrangements for providing the service (including arrangements for procuring any necessary replacement vehicles or spare parts, or supplies of extinguishing materials);
(c) notification procedures;
(d) procedures for re‑establishing normal services.
139.875 Records management
(1) There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to collect, index, store and maintain the records relating to the service.
(2) The records must include:
(a) voice records made under regulation 139.860; and
(b) records of accidents or incidents made under regulation 139.865.
(3) A record must be kept for 5 years (or a shorter period specified for the particular kind of record in the Manual) after the date to which it relates.
139.880 Organisation
The provider must, at all times, maintain an appropriate organisation with a sound and effective management structure, having regard to the nature of the service it provides.
139.885 System for rectification of service failures
There must be a system, in accordance with the standards or requirements in the Manual of Standards, to rectify any failure that results or may result in an interruption in the service or a reduction in the standard of the service.
139.890 Quality control
There must be a system, in accordance with the standards or requirements set out in the Manual of Standards, to ensure that the service complies with the requirements of this Subpart.
139.895 Change management
There must be a system, in accordance with the Manual of Standards, to manage changes in:
(a) equipment and procedures; and
(b) what the service does; and
(c) the level or kinds of service provided; and
(d) the way the service is provided.
139.900 Safety management
There must be a safety management system for the service, in accordance with the standards or requirements in the Manual of Standards, including the policies, procedures and practices necessary to provide the service safely.
139.905 Applicant’s organisation
(1) The provider must tell CASA in writing:
(a) who its managers are; and
(b) its organisational structure; and
(c) how many staff of each class it uses to provide the service.
(2) The provider must tell CASA in writing about any change in a matter mentioned in paragraph (1) (a), (b) or (c) within 14 days after the change.
139.910 Telling users and CASA about changes
(1) There must be a procedure, in accordance with the standards and requirements in the Manual of Standards, for an ARFFS provider to give, to aerodrome users, safety‑related information about changes, faults or interruptions to the service.
(2) The procedure must comply with CASA’s requirements for reporting information to the Aeronautical Information and Data Service and the Australian NOTAM Office.
(3) If the provider fails, for a period of 24 hours or longer, to provide the service at the standard required by Division 3, the ARFFS provider for the aerodrome must tell CASA in writing as soon as practicable:
(a) why the service is not being provided at that standard; and
(b) how long it is likely to be before the service can be resumed; and
(c) what action the service provider has taken and will take to resume the service at that standard.
Division 139.H.4 Conduct of ARFFS operations
139.915 Powers of officer in charge or firefighter
(1) In this regulation:
firefighter, in relation to an ARFFS operation for an aerodrome, means:
(a) somebody employed as a firefighter by the ARFFS provider for the aerodrome; or
(b) a member of a fire brigade, or of a rescue or fire fighting service, who is taking part in the operation in accordance with an arrangement made with such a brigade or service.
officer in charge, in relation to an ARFFS operation for an aerodrome, means:
(a) the person appointed under regulation 139.773 as officer in charge of ARFFS operations at the aerodrome; or
(b) if, in accordance with an arrangement made with a fire brigade, or a rescue or fire fighting service, the person in control of the operation is a member of such a brigade or service — that person.
volunteer, in relation to an ARFFS operation, means somebody who has volunteered to help in the operation under the direction of the officer in charge.
(2) For an ARFFS operation for an aerodrome under this Subpart, the officer in charge may:
(a) give directions that he or she thinks proper to firefighters and volunteers under his or her control; and
(b) take measures that he or she thinks proper.
(3) Without limiting paragraph (2) (b), the officer in charge may do the following things for the purpose of the ARFFS operation:
(a) enter (by force, if necessary), take possession of and deal with in any appropriate way, premises, an aircraft or other property;
(b) close a road or other thoroughfare to traffic;
(c) use a convenient water supply (including shutting off water supply from a main or pipe to obtain greater pressure or supply);
(d) disconnect electricity supply to premises;
(e) remove flammable, explosive or other dangerous material from premises, an aircraft or other property;
(f) order a person to leave premises, an aircraft or other property;
(g) remove from the vicinity of the operation a person or thing the presence of whom or which is interfering, or is likely to interfere, significantly with the operation;
(h) take a fire engine or other fire appliance onto land or premises;
(i) shore up or destroy a wall or building that is insecure or may be dangerous to persons or property;
(j) direct or authorise a firefighter or a volunteer to do something that, under this regulation, the officer may do.
(4) For an ARFFS operation, a firefighter may do something mentioned in paragraph (3) (a), (b), (c), (d), (e), (f) or (h) without authorisation under paragraph (3) (j) if there are reasonable grounds for believing that, for the operation:
(a) it is necessary or desirable to do the thing; and
(b) it is not practicable for him or her to get authorisation to do so.
(5) A person is guilty of an offence punishable by a fine of 10 penalty units if he or she fails to comply with:
(a) a direction of the officer in charge under paragraph (3) (f); or
(b) a direction of the kind mentioned in that paragraph, given by a firefighter or volunteer, if:
(i) the firefighter or volunteer has been authorised under paragraph (3) (j) by the officer in charge to give it; or
(ii) the conditions in paragraphs (4) (a) and (b) are satisfied in relation to the direction.
Division 139.H.5 Administration
139.920 Definition for Division
In this Division:
show cause notice means a notice under regulation 139.1015.
139.925 How to apply for approval as ARFFS provider
(1) A person is eligible to apply for approval as an ARFFS provider if:
(a) the person is mentioned in column 2 of an item in table 139.925; and
(b) the application relates to an aerodrome mentioned in column 3 of that item.
(2) The application must be in writing.
(3) The application:
(a) must set out the applicant’s name and address; and
(b) if the applicant is a legal person that is not an individual — must set out the applicant’s registered address, ACN and the names and addresses of its officers; and
(c) must include any other information required by or under these Regulations; and
(d) must be accompanied by any other document required by or under these Regulations.
(4) In paragraph (3) (b):
officers of an applicant:
(a) if the applicant concerned is incorporated under the Corporations Law — has the meaning given by section 82A of that Law; and
(b) in the case of any other applicant — means the people responsible for its management and control, and includes anybody with whose directions or wishes the applicant ordinarily complies.
(5) The applicant must include with the application:
(a) a copy of the applicant’s operations manual, prepared as if the applicant were an approved provider; and
(b) information that will enable CASA to decide whether or not the applicant is of sound financial standing; and
(c) a statement of the intended location and category of the service to be provided.
Table 139.925
Item | Applicant | Aerodrome |
1 | the Commonwealth | any aerodrome |
2 | AA | any aerodrome |
2A | Delta Fire Service Pty. Ltd. | Townsville Airport |
3 | Broome Airport Services Pty Ltd | Broome International Airport |
4 | Administration of Norfolk Island | Norfolk Island International Airport |
5 | a person who is to provide an ARFFS at a particular aerodrome: (a) in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995; or | the aerodrome mentioned in column 2 |
| (b) by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995 | |
6 | a person who is to provide an ARFFS in accordance with an arrangement mentioned in paragraph 216 (1) (e) of the Airports Act 1996 | the aerodrome specified in the arrangement mentioned in column 2 |
139.930 Who to apply to
An application must be made to CASA.
139.935 Application for approval when approval cancelled previously
If a person who applies for an approval as an ARFFS provider has previously been approved as an ARFFS provider, and that approval was cancelled for a reason mentioned in regulation 139.1020, the applicant must include with the application any available evidence tending to show that the applicant could now properly exercise the powers or carry out the functions of an approved ARFFS provider.
139.940 Other things CASA can ask applicant to do — interview
(1) CASA may ask an applicant in writing to have a specified officer or officers of the applicant come to a specified CASA office at a specified reasonable time to be interviewed.
(2) If CASA asks an applicant to have an officer come for interview under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant’s officer or officers participates or participate in the interview.
(3) In subregulations (1) and (2), officer of an applicant has the same meaning as in regulation 139.925.
139.945 Other things CASA can ask applicant to do — provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.
(2) If CASA asks for more information, or a copy of a document, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.
139.950 Statutory declarations to verify applications
(1) CASA may ask an applicant to verify, by statutory declaration, any statement in an application.
(2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
139.955 Matters that CASA may or must take into account
(1) In making a decision on an application, CASA may take into account:
(a) anything in the application or in any other document submitted by the applicant; and
(b) anything in its records about the applicant; and
(c) the contents of any statutory declaration made by the applicant or an officer of the applicant under regulation 139.950.
(2) However, before taking into account anything in its records about an applicant, CASA must:
(a) tell the applicant in writing that it intends to do so, and the substance of what CASA intends to take into account; and
(b) invite the applicant in writing to make a written submission about the matter within a specified reasonable time.
(3) If the applicant makes a written submission within the specified time, CASA must take the submission into account.
(4) CASA must take into account the applicant’s financial standing.
(5) When deciding whether to approve an applicant that was previously approved as an ARFFS provider, but whose approval was cancelled, CASA must take into account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation; and
(c) any evidence of the kind mentioned in regulation 139.935 that the person submits.
139.960 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant to verify any statement in a submission under subregulation 139.955 (3) by statutory declaration.
(2) CASA must, in making a decision on the application concerned, take such a submission into account.
(3) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
139.965 When CASA must grant approval
(1) If a person has applied for approval as an ARFFS provider in accordance with these Regulations, CASA must grant the approval if:
(a) the person satisfies the criteria (however described) for the grant of the approval; and
(b) other requirements for the grant of the approval by or under these Regulations by or in relation to the person are satisfied; and
(c) no provision of the Act, or another provision of these Regulations, forbids CASA to grant the approval, or makes the person ineligible for the grant of the approval; and
(d) granting the approval would not be likely to have an adverse effect on the safety of air navigation.
(2) CASA may grant the approval in respect of only some of the matters sought in the application.
(3) CASA may approve an application only if CASA approves the applicant’s draft operations manual.
(4) CASA must not approve the draft operations manual unless the draft manual complies with the relevant requirements in the Manual of Standards.
(5) CASA may grant the approval subject to:
(a) any conditions specified in these Regulations, or in Civil Aviation Orders, as applicable to the approval; and
(b) any other condition necessary in the interests of the safety of air navigation.
(6) In particular, if the application is made by a person mentioned in column 2 of item 1, 2, 5 or 6 of Table 139.925 in relation to an ARFFS at the corresponding aerodrome, CASA may impose any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.
139.970 When decision must be made
(1) If CASA does not make a decision about an application within 21 days after receiving it, CASA is taken to have refused the application.
(2) However, if CASA makes a request under regulation 139.940 or 139.945, the time between when CASA makes the request, and when the applicant’s officer or officers participates or participate in the interview, or gives CASA the information or copy requested, does not count towards the period.
(3) Also, if CASA asks an applicant to make a statutory declaration under regulation 139.950 or 139.960, the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
(4) Also, if CASA invites an applicant to comment under subregulation 139.955 (2), the time between when CASA gives the invitation and when the applicant comments does not count towards the period.
139.975 Notice of decision
After making a decision on an application, CASA must tell the applicant in writing, as soon as practicable:
(a) the decision; and
(b) if the decision was to refuse the application, or to grant the approval subject to a condition not sought by the applicant — the reasons for the decision.
139.980 When approval comes into effect
An approval comes into effect:
(a) on a day stated in the notice under regulation 139.975; or
(b) if no day is so stated — on the date of the notice.
139.985 Certificate about approval
(1) CASA must issue to an approved ARFFS provider a certificate setting out:
(a) the name and address of the provider; and
(b) if the approved provider is a corporation, its registered address and ACN; and
(c) the date of effect of the approval; and
(d) the location and category level for each aerodrome at which the provider is authorised to provide an ARFFS; and
(e) any conditions of the approval.
(2) CASA may issue a replacement certificate if anything set out on a certificate is no longer correct.
139.990 Return of certificate if approval cancelled
(1) If CASA cancels the approval of an approved ARFFS provider, the person who was the approved ARFFS provider must return the person’s certificate to CASA immediately.
Penalty: 1 penalty unit.
Note A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) It is a defence to a charge of contravening subregulation (1) that the defendant returned the certificate to CASA as soon as practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3).
139.995 Application for variation of approval
(1) An approved ARFFS provider may apply to vary its approval.
(2) Regulations 139.925 to 139.980 apply to the application except that the applicant need not give CASA information, or a document, that the applicant has already given to CASA.
139.1000 CASA’s power to vary condition of approval
(1) If necessary in the interests of the safety of air navigation, CASA may impose a condition on, or vary a condition of, the approval of an approved ARFFS provider.
(2) CASA must give the provider notice in writing of the imposition or variation, and must specify a reasonable period within which the provider may make a submission in relation to the imposition or variation.
(3) Unless CASA withdraws the condition or variation, the condition or variation has effect at:
(a) the end of that period; or
(b) a later time stated for the purpose in the notice.
139.1005 Suspension or continued suspension of approval by show cause notice
(1) CASA may state, in a show cause notice, that the approval as an approved ARFFS provider of the ARFFS provider concerned is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
Note Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
(2) If a show cause notice states that the approval is suspended:
(a) if the approval is already suspended when the show cause notice is given to the holder — the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or
(b) the approval is suspended from when the notice is given to the approved ARFFS provider concerned.
(3) CASA may revoke the suspension at any time.
(4) If CASA has not cancelled the approval within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.
139.1010 Grounds for cancellation of approval
It is grounds for the cancellation of the approval of an approved ARFFS provider if the provider:
(a) has breached a condition of the approval; or
(b) has contravened the Act or these Regulations; or
(c) has otherwise been guilty of conduct that renders the holder’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.
Note Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
139.1015 Notice to approved ARFFS provider to show cause
(1) CASA may give an approved ARFFS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval.
(2) A show cause notice must:
(a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and
(b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
(3) For paragraph (2) (b), the period must not be less than 7 days.
139.1020 Cancellation of approval after show cause notice
(1) CASA may cancel an approval only if:
(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and
(b) CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and
(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.
(2) If CASA has given a show cause notice to an approved ARFFS provider, and it decides not to cancel the approval, it:
(a) must tell the provider in writing of the decision; and
(b) must, if the approval is suspended, revoke the suspension.
139.1022 Cancellation if holder ceases to provide ARFFS
(1) CASA must cancel the approval of a person mentioned in column 2 of item 3 or 4 of Table 139.925 if the person ceases to be an ARFFS provider for the aerodrome mentioned in column 3 of the item.
(2) CASA must cancel the approval of a person mentioned in column 2 of item 5 of Table 139.925 if the cooperation or arrangement mentioned in that item ceases.
(3) CASA must cancel the approval of a person mentioned in column 2 of item 6 of Table 139.925 if the arrangement mentioned in that item ceases.
139.1025 Cancellation at request of approved ARFFS provider
(1) CASA must cancel the approval of an ARFFS provider if asked to do so in writing by the provider.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.
Part 141 Flying training organisations
Note This Part heading is reserved for future use.
Part 142 Flight crew training and checking organisations
Note This Part heading is reserved for future use.
Part 143 Air Traffic Services Training Providers
Note This Part is made up as follows:
Subpart 143.A General
143.005 Applicability of this Part
143.010 Definitions for this Part
143.015 What is an ATS training provider
143.016 Person not to provide service without approval
143.017 Issue of Manual of Standards
Subpart 143.B Approval as an ATS training provider
143.020 What an application must be accompanied by
143.025 When applicant is eligible for approval
143.027 CASA may impose conditions on approvals
143.030 Approval subject to conditions
143.035 Approval not transferable
143.040 Certificate under Subpart 143.F
143.045 How long approval remains in force
143.050 Variation of approvals
Subpart 143.C Requirements to be complied with by ATS training providers
Division 143.C.1 Requirements for training
143.055 Standard for training
143.060 Training plan
Division 143.C.2 Personnel
143.065 Personnel
143.070 Qualifications for certain personnel
Division 143.C.3 Reference materials, documents and records
143.075 Reference materials
143.080 Material to be included in reference materials
143.085 Documents and records
143.090 Document and record control system
Subpart 143.D Telling CASA about changes
143.095 Advice on organisational changes
143.100 Discontinuing training
143.105 Status as a Registered Training Organisation
Subpart 143.E Miscellaneous
143.110 Unapproved training
Subpart 143.F Administration
Division 143.F.1 Preliminary
143.115 Applicability of this Subpart
Division 143.F.2 Approvals
143.120 Joint applications not permitted
143.125 How to apply — application by individual applicant
143.130 How to apply — application by corporation etc
143.135 Who to apply to
143.140 Application for approval cancelled previously
143.145 CASA may require demonstrations of procedures or equipment
143.150 Other things CASA can ask individual applicant to do — interview
143.155 Other things CASA can ask applicant to do — provide more information
143.160 Statutory declarations to verify applications
143.165 Matters that CASA may or must take into account
143.170 Statutory declarations to verify statements in submissions
143.175 When CASA must approve an applicant
143.180 When decision must be made
143.185 Notice of decision
143.190 Certificate about approval
143.192 Cancellation if cooperation or arrangement ceases
143.195 Return of certificate if approval cancelled
Division 143.F.3 Variation of approvals
143.200 Applicability of this Division
143.205 Application for variation
143.210 CASA’s power to vary condition of approval
Division 143.F.4 Suspension and cancellation of approvals
143.215 Definition for this Division
143.220 Suspension of approval by show cause notice
143.225 Grounds for cancellation of approval
143.230 Notice to show cause
143.235 Cancellation of approval after show cause notice
143.240 Cancellation at request of ATS training provider
Subpart 143.A General
143.005 Applicability of this Part
(1) This Part:
(a) applies to a person that wants to become, or is, an ATS training provider; and
(b) sets out certain administrative rules applying to CASA in its administration of this Part.
(2) However, this Part does not apply to:
(a) a person who is providing ATS training in the course of his or her duties for the Defence Force; or
(b) any ATS training provided by the Defence Force.
143.010 Definitions for this Part
In this Part:
Australian National Training Authority means the Australian National Training Authority established by the Australian National Training Authority Act 1992.
Australian Qualifications Framework means the framework set out in a document called ‘Australian Qualifications Framework Implementation Handbook’ published by the Australian Qualifications Framework (AQF) Advisory Board in 1998.
Australian Quality Training Framework means the quality arrangements for vocational education and training services set out in the document called ‘Australian Quality Training Framework – Standards for Registered Training Organisations’ published by the Australian National Training Authority in 2001.
Manual of Standards – Part 65 means the document called ‘Manual of Standards (MOS) – Part 65’ issued by CASA under regulation 65.033, as in force from time to time.
Manual of Standards – Part 143 means the document called ‘Manual of Standards (MOS) – Part 143’ issued by CASA under regulation 143.017, as in force from time to time.
Registered Training Organisation has the same meaning as it has in the document called ‘Australian Quality Training Framework – Standards for Registered Training Organisations’, published by the Australian National Training Authority in 2001.
training provider means a person who, or entity that, provides vocational education and training.
training recognition authority, in relation to a State or Territory, means a body that has, under a law of the State or Territory, the responsibility for registering training providers in that State or Territory.
143.015 What is an ATS training provider
An ATS training provider is a person approved, under Subpart 143.F, to provide the training relating to air traffic services that is covered by the approval.
143.016 Person not to provide service without approval
(1) A person must not provide training relating to air traffic services unless the person:
(a) is approved, under Division 143.F.2, to provide the training; or
(b) is an ATS provider within the meaning in Part 172.
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.
143.017 Issue of Manual of Standards
(1) CASA may issue a Manual of Standards for this Part that provides for the following matters:
(a) standards, including procedures, plans, systems and documentation, for the provision of air traffic services training;
(b) standards for facilities and equipment used to provide air traffic services training;
(c) standards, including competency standards and minimum qualifications, for instructors engaged in air traffic services training;
(d) any matter required or permitted by the regulations to be provided for by the Manual of Standards;
(e) any matter necessary or convenient to be provided for the effective operation of this Part.
Note A Manual of Standards is a legislative instrument — see subsections 98 (5A) and (5B) of the Act and subparagraph 6 (d) (i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS training provider.
Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
Subpart 143.B Approval as an ATS training provider
143.020 What an application must be accompanied by
An application for approval as an ATS training provider must be accompanied by:
(a) a written statement setting out details of the training relating to air traffic services that the applicant proposes to provide; and
(b) a written statement setting out details of the relevant qualifications and experience of the applicant and applicant’s personnel, including the number of suitably qualified personnel who will be involved in providing the training; and
(c) enough information to show that the applicant is a Registered Training Organisation whose registration:
(i) is in force; and
(ii) is for training delivery covering the training; and
(d) a written statement describing the arrangements the applicant has made to comply with the requirements of Subparts 143.C and 143.D.
143.025 When applicant is eligible for approval
For Subpart 143.F, an applicant is eligible to become an ATS training provider for particular training relating to air traffic services if the applicant:
(aa) is any of the following:
(i) the Commonwealth;
(ii) AA;
(iii) a person who is to provide air traffic services training services in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995;
(iv) a person who is to provide air traffic services training services by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995; and
(a) is a Registered Training Organisation whose registration:
(i) is in force; and
(ii) is for training delivery covering that training; and
(b) is able to comply with the requirements of Subparts 143.C and 143.D or will be able to do so if the applicant is approved.
143.027 CASA may impose conditions on approvals
CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.
143.030 Approval subject to conditions
If an ATS training provider’s approval is subject to conditions, the provider must comply with the conditions.
143.035 Approval not transferable
An approval is not transferable.
143.040 Certificate under Subpart 143.F
A certificate issued under Subpart 143.F to an ATS training provider must, as well as including the information required by that Subpart:
(a) state the provider’s name and address of its principal place of business; and
(b) specify the training relating to air traffic services that is covered by the approval.
143.045 How long approval remains in force
(1) An ATS training provider’s approval:
(a) comes into force on the date stated in the certificate issued to the provider under Subpart 143.F; and
(b) remains in force until it is cancelled.
(2) However, the approval is not in force during any period of suspension.
143.050 Variation of approvals
(1) If an ATS training provider wants to vary its approval, it must apply to CASA, under Subpart 143.F, for that purpose.
(2) The application must contain, or have with it, a copy of the proposed variation.
(3) If CASA grants the application under Subpart 143.F, the variation takes effect:
(a) if a day is set out in the written notice given to the provider under Subpart 143.F — on that day; or
(b) if no day is set out — when the notice is given to the provider.
Subpart 143.C Requirements to be complied with by ATS training providers
Division 143.C.1 Requirements for training
143.055 Standard for training
An ATS training provider must ensure that the training relating to air traffic services that it provides:
(a) is of at least the standard required by the Manual of Standards – Part 65; and
(b) complies with the Australian Qualifications Framework.
143.060 Training plan
An ATS training provider must have, and put into effect, a training plan for the training relating to air traffic services covered by its approval that is in accordance with the standards and requirements set out in the Manual of Standards – Part 65.
Division 143.C.2 Personnel
143.065 Personnel
An ATS training provider must have, at all times, enough suitably qualified personnel to enable it to provide, in accordance with both the Australian Quality Training Framework and the standards and requirements set out in the Manual of Standards – Part 65, the training relating to air traffic services that is covered by its approval.
143.070 Qualifications for certain personnel
An ATS training provider must not give to a person responsibility as an instructor or assessor for any training relating to air traffic services that it provides unless the person:
(a) has suitable qualifications and experience in accordance with the Australian Quality Training Framework; and
(b) satisfies the requirements of the Manual of Standards – Part 65 for persons having that responsibility.
Division 143.C.3 Reference materials, documents and records
143.075 Reference materials
(1) An ATS training provider must maintain a set of the reference materials mentioned in regulation 143.080 for use by members of its personnel who have responsibilities as instructors or assessors for any training relating to air traffic services that it provides.
(2) The provider must maintain another set of the reference materials for use by anyone undertaking training relating to air traffic services that it provides.
(3) The provider must keep the reference materials up to date and in a readily accessible form.
(4) The instructors and assessors and anyone undertaking training must have ready access to the reference materials.
143.080 Material to be included in reference materials
For regulation 143.075, the reference materials to be maintained by the provider must include the following:
(a) copies of the Act and these Regulations;
(b) copies of Annexes 1, 6, 11 and 12 to the Chicago Convention;
(c) a copy of the AIP;
(d) copies of the Manual of Standards – Part 65 and the Manual of Standards – Part 143;
(e) all manuals and documents specified in the Manual of Standards – Part 65 and Manual of Standards – Part 143.
143.085 Documents and records
(1) The provider must keep documents and records of the kinds specified in the Manual of Standards – Part 143.
(2) A document or record must be retained for as long as the Manual specifies for the particular kind of document or record.
(3) The provider must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.
143.090 Document and record control system
(1) The provider must establish, and put into effect, a system, in accordance with the standards set out in the Manual of Standards – Part 143, for controlling the documents and records required to be kept under regulation 143.085.
(2) The system must include the policies and procedures for making, amending and preserving those documents and records.
Subpart 143.D Telling CASA about changes
143.095 Advice on organisational changes
The provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any training relating to air traffic services that is covered by its approval within 7 days after the change occurs.
143.100 Discontinuing training
(1) The provider must not discontinue any training relating to air traffic services that is covered by its approval, unless it has given CASA at least 28 days written notice that the training is to be discontinued.
(2) Subregulation (1) does not apply if, having regard to the provider’s circumstances:
(a) it was not reasonably practicable for the provider to give to CASA at least 28 days notice; and
(b) the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued.
143.105 Status as a Registered Training Organisation
If an ATS training provider, for any reason at any time after its approval as an ATS training provider, loses its status as a Registered Training Organisation, it must, within 7 days, tell CASA in writing accordingly.
Subpart 143.E Miscellaneous
143.110 Unapproved training
An ATS training provider must not provide any training relating to air traffic services unless:
(a) its approval:
(i) is in force; and
(ii) covers that training; and
(b) it is a Registered Training Organisation whose registration:
(i) is in force; and
(ii) is for training delivery covering that training.
Subpart 143.F Administration
Note This Subpart is an interim measure while a separate Part dealing with administration rules is being developed.
Division 143.F.1 Preliminary
143.115 Applicability of this Subpart
This Subpart:
(a) sets out certain administrative rules applying to CASA in its administration of this Part; and
(b) includes certain generic provisions applying to anyone who wants to become, or is, an ATS training provider.
Division 143.F.2 Approvals
143.120 Joint applications not permitted
(1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.
(2) An application purportedly made by a partnership is not a valid application for any purpose.
143.125 How to apply — application by individual applicant
(1) An individual must apply for approval as an ATS training provider in the way set out in this regulation.
(2) The application must be in writing.
(3) The application:
(a) must include any information required by or under these Regulations; and
(b) must be accompanied by any document required by or under these Regulations.
143.130 How to apply — application by corporation etc
(1) A legal person other than an individual must apply for approval as an ATS training provider in the way set out in this regulation.
(2) The application must be in writing.
(3) The application:
(a) must set out the applicant’s registered address and ACN; and
(b) must give the names and addresses of its officers; and
(c) must include any other information required by or under these Regulations; and
(d) must be accompanied by any document required by or under these Regulations.
(4) In paragraph (3) (b):
officers of an applicant:
(a) if the applicant concerned is incorporated under the Corporations Act 2001 — has the meaning given by section 82A of that Act; and
(b) in the case of any other applicant — means the people responsible for its management and control, and includes anybody with whose directions or wishes the applicant ordinarily complies.
143.135 Who to apply to
An application must be made to CASA.
143.140 Application for approval cancelled previously
If an applicant for approval as an ATS training provider has previously been approved as an ATS training provider, and the approval was cancelled for a reason mentioned in regulation 143.225, the applicant must include with the application any available evidence tending to show that the applicant could now properly provide the training relating to air traffic services that it proposes to provide.
143.145 CASA may require demonstrations of procedures or equipment
(1) CASA may ask an applicant, in writing, to conduct demonstrations of its procedures or equipment to assess whether the applicant can properly provide the training relating to air traffic services that it proposes to provide.
(2) The request must describe the demonstrations that the applicant is required to conduct.
(3) The demonstrations must be conducted under the observations of an officer authorised by CASA in writing for that purpose.
(4) If CASA asks an applicant to conduct a demonstration under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant conducts the demonstration.
143.150 Other things CASA can ask individual applicant to do — interview
(1) CASA may ask an individual who is an applicant, in writing, to come to a specified reasonable place at a specified reasonable time to be interviewed.
(2) If CASA asks an applicant to come for interview, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant participates in the interview.
143.155 Other things CASA can ask applicant to do — provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.
(2) If CASA asks for more information, or a copy of a document, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.
143.160 Statutory declarations to verify applications
(1) CASA may ask an applicant, in writing, to verify, by statutory declaration, any statement in an application.
(2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
143.165 Matters that CASA may or must take into account
(1) In making a decision on an application, CASA may take into account:
(a) anything in the application or in any other document submitted by the applicant; and
(b) anything in its records about the applicant; and
(c) the contents of any statutory declaration made by the applicant, or an officer of the applicant, under regulation 143.160; and
(d) any demonstration of procedures or equipment conducted by the applicant under regulation 143.145.
(2) However, before taking into account anything in its records about an applicant, CASA must:
(a) tell the applicant, in writing, that it intends to do so, and the substance of what CASA intends to take into account; and
(b) invite the applicant, in writing, to make a written submission about the matter within a specified reasonable time.
(3) If the applicant makes a written submission within the specified time, CASA must take the submission into account.
(4) When deciding whether to approve an applicant previously approved as an ATS training provider and whose approval was cancelled under regulation 143.235, CASA must take into account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation; and
(c) any evidence of the kind mentioned in regulation 143.140 that the applicant submits.
143.170 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant, in writing, to verify any statement in a submission under subregulation 143.165 (3) by statutory declaration.
(2) CASA must, in making a decision on the application concerned, take such a submission into account.
(3) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
143.175 When CASA must approve an applicant
(1) Subject to section 30A of the Act, if an applicant has applied for approval as an ATS training provider in accordance with this Part, CASA must approve the applicant if:
(a) the applicant is eligible to be approved; and
(b) any other requirements for the approval by or under these Regulations by or in relation to the applicant are satisfied; and
(c) no provision of these Regulations forbids CASA to approve the applicant, or makes the applicant ineligible for the approval; and
(d) approving the applicant would not be likely to have an adverse effect on the safety of air navigation.
(2) CASA may approve the applicant subject to any condition necessary in the interests of the safety of air navigation.
143.180 When decision must be made
(1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.
(2) The period is 6 months.
(3) However, if CASA makes a request under regulation 143.145, 143.150 or 143.155, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.
(4) Also, if CASA asks an applicant to make a statutory declaration under regulation 143.160 or 143.170, the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
(5) Also, if CASA invites an applicant to comment under subregulation 143.165 (2), the time between when CASA gives the invitation and when the applicant comments does not count towards the period.
143.185 Notice of decision
After making a decision on an application, CASA must tell the applicant in writing, as soon as practicable:
(a) the decision; and
(b) if the decision was to refuse the application, or to approve the applicant subject to a condition not sought by the applicant — the reasons for the decision.
143.190 Certificate about approval
(1) If CASA approves an applicant as an ATS training provider, CASA must issue to the applicant a certificate setting out:
(a) what the approval is; and
(b) any conditions applicable to it; and
(c) when it came into effect, and when it will end (if not sooner cancelled); and
(d) any other information CASA thinks should be included.
(2) CASA may issue a replacement certificate if anything set out on a certificate is no longer correct.
143.192 Cancellation if cooperation or arrangement ceases
(1) CASA must cancel the approval of a person mentioned in subparagraph 143.025 (aa) (iii) if the cooperation mentioned in that subparagraph ceases.
(2) CASA must cancel the approval of a person mentioned in subparagraph 143.025 (aa) (iv) if the arrangement mentioned in that subparagraph ceases.
143.195 Return of certificate if approval cancelled
(1) If CASA has issued a certificate about an approval, and the approval is cancelled, the person to whom the certificate was issued must return it to CASA immediately.
Penalty: 1 penalty unit.
Note A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) It is a defence to a charge of contravening subregulation (1) that the defendant returned the certificate to CASA as soon as practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3).
Division 143.F.3 Variation of approvals
143.200 Applicability of this Division
This Division applies in relation to variation of an approval (including imposing, removing or varying a condition applicable to the approval).
143.205 Application for variation
(1) An ATS training provider may apply to CASA to vary its approval.
(2) Division 143.F.2 applies to the application except that the provider need not give CASA information, or a document, that the provider has already given to CASA.
143.210 CASA’s power to vary condition of approval
(1) If necessary in the interests of the safety of air navigation, CASA may impose a condition on, or vary a condition of, an ATS training provider’s approval.
(2) CASA must give the provider written notice of the imposition or variation, and must specify a reasonable period within which the provider may make a submission in relation to the imposition or variation.
(3) Unless CASA withdraws the condition or variation, the condition or variation has effect at:
(a) the end of that period; or
(b) a later time stated for the purpose in the notice.
Division 143.F.4 Suspension and cancellation of approvals
143.215 Definition for this Division
In this Division:
show cause notice means a notice under regulation 143.230.
143.220 Suspension of approval by show cause notice
(1) CASA may state, in a show cause notice, that an ATS training provider’s approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
Note Regulation 201.4 provides for review of certain decisions by the Administrative Appeals Tribunal.
(2) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider.
(3) CASA may revoke the suspension at any time.
(4) If CASA has not cancelled the approval under regulation 143.235, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.
143.225 Grounds for cancellation of approval
It is grounds for the cancellation of an ATS training provider’s approval if the provider:
(a) has breached a condition of the approval; or
(b) has contravened the Act or these Regulations; or
(c) does not meet, or continue to meet, a requirement of this Part for getting the approval; or
(d) has otherwise been guilty of conduct that renders the provider’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.
Note Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
143.230 Notice to show cause
(1) CASA may give an ATS training provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider’s approval.
(2) A show cause notice must:
(a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and
(b) invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
(3) For paragraph (2) (b), the period must not be less than 7 days.
143.235 Cancellation of approval after show cause notice
(1) CASA may cancel an ATS training provider’s approval only if:
(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and
(b) CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and
(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.
(2) If CASA has given a show cause notice to an ATS training provider, and it decides not to cancel the provider’s approval, it:
(a) must tell the provider, in writing, of the decision; and
(b) must, if the approval is suspended, revoke the suspension.
143.240 Cancellation at request of ATS training provider
(1) Despite anything else in this Part, CASA must cancel an ATS training provider’s approval if asked to do so, in writing, by the provider.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.
Part 171 Aeronautical telecommunication service and radionavigation service providers
Note This Part is made up as follows:
Subpart 171.A General
171.005 Applicability of this Part
171.010 Interpretation
171.012 Meaning of telecommunication service
171.015 Person not to provide service without approval
171.017 Issue of Manual of Standards
Subpart 171.B Approval of service providers
171.020 Application
171.025 If applicant is a corporation
Subpart 171.C Obligations and privileges of service provider
171.030 Service by provider
171.035 Changes by service provider to service
171.040 Changes by service provider to operations manual
171.050 Technicians
171.055 Test transmissions
171.065 Interruption to service
171.070 Test equipment
171.075 Documents to be maintained
171.080 Records
171.085 Security program
171.086 Safety management system
Subpart 171.D Contents of operations manual
171.090 Operations manual to contain or refer to information
171.095 Organisation and management of service provider
171.100 Way in which standards are met
171.105 Functional specification and performance values of services
171.110 Technical description
171.115 Safe operation
171.120 Facility operation and maintenance plan
171.125 Safety management system
171.140 Test equipment
171.145 Interruption to service
171.150 Document control
171.155 Security program
171.160 Changes to procedures
Subpart 171.E Administration
171.165 Joint applications not permitted
171.170 CASA may ask for demonstration of service
171.175 CASA can ask applicant to provide more information
171.180 Matters that CASA may or must take into account
171.185 When CASA must grant an approval
171.190 When decision must be made
171.195 Decision‑making period may be extended
171.200 Notice of decision
171.205 Approvals
171.210 When approval comes into effect
171.215 CASA’s power to vary condition of approval
171.220 Suspension and cancellation of approvals
171.225 Notice to approval holder to show cause
171.230 Grounds for cancellation of approval
171.235 Cancellation of approval after show cause notice
171.237 Cancellation if cooperation or arrangement ceases
171.240 Cancellation at request of service provider
171.245 CASA’s power to direct variation of manual
171.250 Certificate
171.255 Return of certificate if approval ceases
Subpart 171.A General
171.005 Applicability of this Part
(1) This Part sets out:
(a) the requirements for a person to be approved as a provider of a ground‑based aeronautical telecommunication or radionavigation service; and
(b) the requirements for the operation and maintenance of those services; and
(c) certain administrative rules relating to CASA in its administration of this Part.
(2) However, this Part does not apply to:
(a) a person who is providing an aeronautical telecommunication or radionavigation service in the course of his or her duties for the Defence Force; or
(b) any aeronautical telecommunication or radionavigation service provided by the Defence Force.
171.010 Interpretation
(1) In this Part:
accuracy, in relation to a radionavigation service or facility, means the degree to which the value measured or displayed by the service or facility conforms to the true value.
AIS has the meaning given in Annex 15 to the Chicago Convention.
approval means an approval, given by CASA, to provide a telecommunication or radionavigation service.
availability, for a telecommunication service, radionavigation service or support service, means the percentage of its operating hours that the service is not interrupted.
certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.
configuration, in relation to:
(a) a telecommunication or radionavigation service — means the configuration of each facility and any interconnection between facilities that make up the service; and
(b) a facility — means the configuration of equipment, hardware, software and data, and the interconnections between equipment.
coverage, in relation to a telecommunication or radionavigation service, means the volume of airspace in which, or the locations between which, the service is nominally provided.
Examples
1 The volume of airspace in which an aeronautical broadcasting service can be received and used.
2 The places served by an aeronautical fixed line telecommunication service.
frequency confirmation system means a ground radio system at an aerodrome that, if it receives a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received.
functional specification, for a telecommunication service, a radionavigation service or a support service, is a general description of the service, its operating principles and its functions.
Example
The functional specification of an aeronautical radionavigation service may describe the kind of service, each standard to which it operates, the accuracy of its signal and the aircraft for which the service is provided.
hazard means a source of potential harm to aviation safety.
integrity, of a telecommunication service, a radionavigation service or a support service:
(a) means the likelihood that the information supplied by the service at a particular moment is correct; and
(b) includes the ability of the service to warn users promptly when the service should not be used.
key personnel, in relation to a service provider, means the person or persons who manage 1 or more of the following:
(a) operations;
(b) maintenance;
(c) safety.
Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 171’ issued by CASA under regulation 171.017, as in force from time to time.
operating hours, for a telecommunication or radionavigation service, means the times during which the service provider must, under its approval, operate the service.
operations manual means a manual of the kind described in Subpart 171.D, prepared by a service provider or a person applying for approval.
radionavigation service means an aeronautical radio navigation service within the meaning given in Volume II of Annex 10 to the Chicago Convention.
recovery time means the period during which a service is interrupted.
reliability, of a telecommunication service, a radionavigation service or a support service, means the probability that the service will perform its function or functions without failure for a specified period.
risk means risk to aviation safety.
safety means aviation safety.
service provider means a person approved to operate and maintain a telecommunication or radionavigation service, and whose approval is not suspended or revoked.
technical specification, for a telecommunication service or facility, or a radionavigation service or facility, is a detailed description, that may use technical terms and concepts, of:
(a) the way in which the service or facility operates and performs its functions; and
(b) the technical standards to which the service or facility has been designed and manufactured.
Example
The technical specification of a particular kind of radionavigation service may include its frequency band, channel spacing, frequency tolerance, effective radiated transmitter power, antenna type and gain, effective radiated power and radial phase modulation.
technician means a person who is engaged by a service provider to do 1 or more of the following:
(a) operate a facility;
(b) maintain a facility;
(c) conduct measurements of the performance of, and calibration of, a facility during a flight inspection.
(2) For this Part:
(a) a telecommunication or radionavigation service is provided using 1 or more facilities at 1 or more locations, each facility consisting of:
(i) 1 item of equipment; or
(ii) items of interconnected equipment;
at a particular location; and
(b) a service is interrupted if, during its operating hours:
(i) it is not operating because it has failed or has been suspended; or
(ii) it is operating outside its technical specification.
171.012 Meaning of telecommunication service
(1) In this Part, telecommunication service means any of the following:
(a) 1 or both of the following, within the meaning given for each in Volume II of Annex 10 to the Chicago Convention:
(i) an aeronautical broadcasting service;
(ii) an aeronautical fixed service;
(b) an aeronautical mobile service, within the meaning given in Volume II of Annex 10 to the Chicago Convention, that is used to support an air traffic service of a kind mentioned in Annex 11 to the Chicago Convention;
(c) any system that processes or displays air traffic control data.
(2) However, none of the following is a telecommunication service:
(a) an aerodrome weather information broadcast service (within the meaning in AIP);
(b) a certified air/ground radio service at an aerodrome;
(c) a frequency confirmation system at an aerodrome;
(d) pilot activated lighting (within the meaning in AIP) at an aerodrome;
(e) a UNICOM service (within the meaning in AIP).
171.015 Person not to provide service without approval
(1) A person that is not a service provider must not provide a telecommunication or radionavigation service.
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.
171.017 Issue of Manual of Standards
(1) CASA may issue a Manual of Standards for this Part that provides for the following matters:
(a) standards relating to the procedures, systems and documents required for the provision of a radionavigation service or a telecommunication service;
(b) standards for facilities and equipment used to provide a radionavigation service or a telecommunication service;
(c) standards, including competency standards and minimum qualifications, for a technician or, if a service provider is an individual, a service provider;
(d) any matter required or permitted by the regulations to be provided for by the Manual of Standards;
(e) any matter necessary or convenient to be provided for the effective operation of this Part.
Note A Manual of Standards is a legislative instrument — see subsections 98 (5A) and (5B) of the Act and subparagraph 6 (d) (i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each service provider.
Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
Subpart 171.B Approval of service providers
171.020 Application
(1) A person is eligible to apply for approval as a provider of a telecommunication service or a radionavigation service, or both, if the person is any of the following:
(a) the Commonwealth;
(b) AA;
(c) a person who is to provide a telecommunication service, a radionavigation service, or both:
(i) in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995; or
(ii) by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995.
(2) An application must be in writing, and must include:
(a) the applicant’s name and address; and
(b) a copy of the applicant’s operations manual, prepared as if the applicant were a service provider; and
(c) a statement, prepared by referring to the list of services in the Manual of Standards, showing each kind of telecommunication or radionavigation service for which the application is being made; and
(d) a statement of the intended location and coverage of each service.
(3) If an application is made to provide a telecommunication or radionavigation service that would not comply with 1 or more of the standards set out in:
(a) Annexes 10, 11 and 14 to the Chicago Convention; and
(b) the Manual of Standards;
the application must also describe the reasons for, and consequences of, the non‑compliance.
171.025 If applicant is a corporation
(1) For regulation 171.020, if the applicant is a corporation, the application must include:
(a) the applicant’s registered address and ACN; and
(b) the names and addresses of its officers.
(2) In paragraph (1) (b), officers of an applicant:
(a) if the applicant concerned is incorporated under the Corporations Law — has the meaning given by section 82A of that Law; and
(b) in the case of any other applicant — means the people responsible for its management and control, and includes anybody with whose directions or wishes the applicant ordinarily complies.
Note See Subpart 171.E for provisions about administration of applications.
Subpart 171.C Obligations and privileges of service provider
171.030 Service by provider
(1) A telecommunication or radionavigation service must be provided in accordance with:
(a) the approval; and
(b) the service provider’s operations manual.
(2) Subregulation (1) does not apply to:
(a) a test transmission made in accordance with regulation 171.055; or
(b) a telecommunication or radionavigation service provided in an emergency.
171.035 Changes by service provider to service
(1) This regulation applies if a service provider wants to make a change to its telecommunication or radionavigation service (including by providing an additional service):
(a) the effect of which would be that the provider’s telecommunication or radionavigation service would no longer be in accordance with the certificate issued to the provider under regulation 171.250; or
(b) that requires prior notification to CASA because of a requirement to do so in the safety management system prepared in accordance with regulation 171.086.
(2) Before making the change the service provider must:
(a) prepare a draft amendment of the operations manual that reflects the proposed change; and
(b) send a copy of the draft amendment to CASA.
(2A) A service provider that complies with subregulation (2) in relation to making a change is taken to have applied for the approval of the proposed change under Subpart 171.E.
(3) If CASA approves the draft amendment of the manual, the provider may:
(a) incorporate the amendment into the manual; and
(b) after approval of the change comes into effect in accordance with regulation 171.210, make the change.
171.040 Changes by service provider to operations manual
A provider may change its operations manual without changing its service if it sends CASA a copy of the amendment to the manual.
171.050 Technicians
(1) A service provider must ensure that each technician is competent and holds the qualifications specified in the Manual of Standards for a technician of that kind.
(2) In particular, the provider must ensure that each technician has been:
(a) appropriately trained; and
(b) assessed as competent by a person who is qualified in accordance with the standard set out in the Manual of Standards.
(3) A service provider must give each technician a certificate that:
(a) names the technician; and
(b) describes the operation and maintenance functions that the technician may perform; and
(c) describes the kinds of facility or facilities for which the technician is authorised to perform those functions; and
(d) states the period during which the certificate is effective.
171.055 Test transmissions
A service provider may make a test transmission if:
(a) the transmission is necessary to test a service, facility or equipment; and
(b) the provider takes any one or more of the following precautions:
(i) a reasonable time before commencing the transmission, the provider tells AIS about the transmission;
(ii) at the commencement of the transmission, the service provider identifies the transmission as a test transmission;
(iii) the transmission contains information identifying it as a test transmission.
171.065 Interruption to service
(1) This regulation applies if a telecommunication or radionavigation service is interrupted or if the service provider knows that the service is to be interrupted.
(2) If the service is published in an AIP the service provider must tell AIS about the interruption.
(3) If it is practicable to do so the service provider must tell users of the service about the interruption.
171.070 Test equipment
A service provider’s facility or facilities must be tested and maintained using test equipment that is maintained and calibrated in accordance with the standards in the Manual of Standards.
171.075 Documents to be maintained
(1) The following documents must be maintained by a service provider:
(a) the operations manual;
(b) any technical manual used by the service provider at the facility;
(c) any documents of a kind listed in the Manual of Standards that relate to the provider’s service.
(2) For subregulation (1), a document is maintained, if it:
(a) includes all amendments (other than draft amendments prepared for regulation 171.035); and
(b) bears the date of:
(i) the creation of the document; or
(ii) for a revised document — the most recent revision of the document; and
(c) is available to the personnel who must refer to the document; and
(d) identifies the person who authorised the creation and any revision of the document.
(3) For paragraph (1) (b), a technical manual means a document, other than the operations manual, that contains technical information about the operation and maintenance of a facility.
Example
An equipment manufacturer’s instruction book.
(4) A service provider must ensure that:
(a) a master copy of each document mentioned in this regulation is kept safely; and
(b) copies of documents are kept in a form that enables amendments to be made; and
(c) any document that has been replaced can not be used by mistake.
171.080 Records
(1) A service provider must retain each document that:
(a) is given to or is created by or for the service provider; and
(b) could relate to aviation safety; and
(c) helps provide a history of events that relate to the design, installation, testing, operation, maintenance, modification or repair of, or changes to, each facility.
(2) A document for subregulation (1) includes any record of a kind mentioned in the Manual of Standards that is given to, or created by or for, the provider.
Examples
Records of the operational performance of a service, changes to the configuration of a facility, records showing software upgrades, or records of commissioning procedures.
(3) A document retained for this regulation must be:
(a) stored so it can be retrieved if needed for an aviation safety investigation; and
(b) retained for at least 5 years.
171.085 Security program
(1) A service provider must have, and put into effect, the security program set out in the operations manual.
(2) The security program must be in accordance with the standards set out in the Manual of Standards.
171.086 Safety management system
(1) A service provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to safely provide the telecommunication and radionavigation services permitted under its approval.
(2) The safety management system must be in accordance with the standards set out in the Manual of Standards.
(3) The service provider must keep its safety management system under review and must take such corrective action as is necessary to ensure that it operates properly.
Subpart 171.D Contents of operations manual
171.090 Operations manual to contain or refer to information
(1) An operations manual must contain the information mentioned in this Subpart that applies to each telecommunication or radionavigation service and kind of facility of the service provider.
(2) A requirement under this Subpart to include particular information in an operations manual may be satisfied by referring, in the manual, to that information in another document held by the service provider.
Example
An equipment manufacturer’s technical manual.
171.095 Organisation and management of service provider
An operations manual must include an organisation chart of the service provider that shows:
(a) the names, relevant qualifications, relevant experience and positions of the key personnel; and
(b) the number of technicians who will provide each service; and
(c) whether the people mentioned in paragraphs (a) and (b) are employees.
171.100 Way in which standards are met
(1) An operations manual must:
(a) contain each standard that relates to the design, installation, testing, operation or maintenance of the service provider’s services and facilities; and
(b) explain how each standard is met.
(2) For subregulation (1):
standards means any of the following standards that apply to the service or facility:
(a) an ICAO standard;
(b) a standard set out in Annex 10 to the Chicago Convention;
(c) a standard in the Manual of Standards;
(d) any other standard included in the operations manual.
171.105 Functional specification and performance values of services
(1) An operations manual must include:
(a) the functional specification of each of the service provider’s telecommunication or radionavigation services; and
(b) the values or characteristics for each of the following that apply to the service:
(i) availability;
(ii) reliability;
(iii) accuracy;
(iv) integrity.
(2) The values mentioned in paragraph (1) (b) must be derived or measured from either or both of:
(a) the configuration of each service; and
(b) the known performance of each service.
(3) An operations manual must also describe the method used to calculate each of the values.
(4) For a radionavigation service, the integrity values or characteristics must be given for each kind of navigation aid facility that forms part of the service.
171.110 Technical description
An operations manual must describe, for each telecommunication or radionavigation service provided:
(a) the kind and location of each facility; and
(b) the technical specification of each kind of facility; and
(c) how each facility interconnects with any other facility or service; and
(d) the way in which the service provider monitors each facility to ensure that it is operating in accordance with its technical specification.
171.115 Safe operation
(1) An operations manual must describe the following:
(a) the procedure that records the way in which each telecommunication or radionavigation service and each related facility is configured at any time;
(b) the procedure used to design each facility and each item of equipment so that it provides a safe service;
(c) the procedure that ensures that the design of, or changes to, a service or facility are authorised by a person who is qualified and competent to do so;
(d) the method to be used to specify any changes to a service or facility, and to design, test and implement those changes;
(e) the procedure to be used to commission a new service or facility;
(f) the system to be used to maintain a record of the operational performance of a service;
(g) the procedure to be used to monitor the performance of each service and facility, and to compare the results with the appropriate technical specification;
(h) the procedure to be used if a service fails or a facility fault occurs, including the way in which the failure or fault is to be reported and rectified;
(i) the procedure to be used to report and rectify any defects found during operation and maintenance of the facility;
(j) the procedure to be used to:
(i) detect and correct any latent defects in equipment; and
(ii) change software to adapt to any changes to the configuration of hardware; and
(iii) change the design of equipment or facilities to adapt to any change to the functional or technical specification.
(2) For subparagraph (1) (j) (ii), software includes any form of data or instructions for an electronic device.
171.120 Facility operation and maintenance plan
(1) For this regulation:
flight inspection means a test of the accuracy, coverage or any other aspect of the performance of a service or facility conducted by using test equipment on board an aircraft in flight.
(2) An operations manual must contain, for each kind of facility, an operation and maintenance plan that includes the following:
(a) the procedures used for maintenance, including the procedures used for repair;
(b) a description of the system used to schedule maintenance;
(c) the interval between performance inspections and the method used to determine the interval;
(d) a copy of the operating and maintenance instructions for the facility;
(e) an analysis of the workload of technicians and key personnel that takes into account the numbers of these people and their qualifications;
(f) if 1 or more flight inspections are necessary:
(i) the standards and procedures used for flight inspections; and
(ii) the interval between flight inspections; and
(iii) the identity of the person or persons who will conduct flight inspections.
171.125 Safety management system
An operations manual must include information about the safety management system set out in regulation 171.086.
171.140 Test equipment
An operations manual must describe the procedures to maintain and calibrate test equipment.
171.145 Interruption to service
(1) An operations manual must:
(a) describe the procedure to be used if a telecommunication or radionavigation service is interrupted; and
(b) specify an acceptable recovery time for each service; and
(c) describe the procedure to be used if the acceptable recovery time of a service is exceeded; and
(d) if there is a method to provide an alternative service if a service is interrupted — describe the method.
(2) Paragraph (1) (d) does not apply if, under an ATS agreement, an ATS provider is to arrange the alternative service.
171.150 Document control
An operations manual must describe the system by which documents mentioned in regulation 171.080 are stored and retrieved.
171.155 Security program
An operations manual must describe the security program mentioned in regulation 171.085.
171.160 Changes to procedures
An operations manual must describe the method by which changes are made to the operation and maintenance procedures.
Subpart 171.E Administration
Note This Subpart is an interim measure while a separate Part dealing with administration rules is being developed.
171.165 Joint applications not permitted
(1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.
(2) An application purportedly made by a partnership is not a valid application for any purpose.
171.170 CASA may ask for demonstration of service
(1) When considering an application for approval, CASA may ask the applicant in writing to demonstrate its telecommunication or radionavigation service.
(2) If CASA asks for a demonstration under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the service has been demonstrated.
171.175 CASA can ask applicant to provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.
(2) If CASA asks for more information, or a copy of a document, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.
171.180 Matters that CASA may or must take into account
(1) In making a decision on an application, CASA may take into account:
(a) anything in the application or in any other document submitted by the applicant; and
(b) the results of any demonstration of a service; and
(c) anything in its records about the applicant.
(2) However, before taking into account anything in its records about an applicant, CASA must:
(a) tell the applicant in writing that it intends to do so, and the substance of what CASA intends to take into account; and
(b) invite the applicant in writing to make a written submission about the matter within a specified reasonable time.
(3) If the applicant makes a written submission within the specified time, CASA must take the submission into account.
171.185 When CASA must grant an approval
Subject to section 30A of the Act, if a person has applied for the grant of an approval CASA must grant the approval if:
(a) the person satisfies the requirements for the grant of the approval; and
(b) any other requirements for the grant of the approval by or under these Regulations by or in relation to the person are satisfied; and
(c) no provision of these Regulations forbids CASA to grant the approval, or makes the person ineligible for the grant of the approval; and
(d) granting the approval would not be likely to have an adverse effect on the safety of air navigation.
171.190 When decision must be made
If CASA does not make a decision about an application within 90 days after receiving it, CASA is taken to have refused the application.
171.195 Decision‑making period may be extended
(1) If CASA makes a request under regulation 171.175, the time between when CASA makes the request, and when the applicant gives CASA the information or copy requested, does not count towards the period mentioned in regulation 171.190.
(2) Also, if CASA invites an applicant to comment under paragraph 171.180 (2) (b), the time between when CASA gives the invitation and when the applicant comments does not count towards the period mentioned in regulation 171.190.
171.200 Notice of decision
After making a decision on an application for an approval, CASA must tell the applicant in writing, as soon as practicable:
(a) the decision; and
(b) if the decision was to refuse the application, or to grant the approval subject to a condition not sought by the applicant — the reasons for the decision.
171.205 Approvals
(1) CASA may approve an application only if CASA approves the applicant’s draft operations manual.
(2) CASA may approve an application subject to 1 or more conditions, including a condition that restricts:
(a) the kind of telecommunication or radionavigation service to be provided; or
(b) the way in which a service is provided; or
(c) the coverage of a service; or
(d) the time during which a service is provided.
(3) In particular, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.
171.210 When approval comes into effect
An approval comes into effect on the date of the notice of the decision.
171.215 CASA’s power to vary condition of approval
(1) If necessary in the interests of the safety of air navigation, CASA may impose a condition on, or vary a condition of, an approval.
(2) CASA must give the service provider written notice of the imposition or variation, and must specify a reasonable period within which the approval holder may make a submission in relation to the imposition or variation.
(3) Unless CASA withdraws the condition or variation, the condition or variation has effect at:
(a) the end of that period; or
(b) a later time stated for the purpose in the notice.
171.220 Suspension and cancellation of approvals
(1) CASA may state, in a show cause notice, that an approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
Note Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
(2) If a show cause notice states that the approval is suspended:
(a) if the approval is already suspended when the show cause notice is given to the holder — the approval continues to be suspended until CASA revokes the suspension, or the suspension lapses under subregulation (4); or
(b) the approval is suspended from when the notice is given to the holder.
(3) CASA may revoke the suspension at any time.
(4) If CASA has not cancelled the approval within 3 months after the day the show cause notice is given to the service provider, the suspension lapses at the end of that period.
171.225 Notice to approval holder to show cause
(1) CASA may give an approval holder a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the approval.
(2) A show cause notice must:
(a) tell the approval holder of the facts and circumstances that justify the cancellation of the approval; and
(b) invite the holder to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
(3) For paragraph (2) (b), the period must not be less than 7 days.
171.230 Grounds for cancellation of approval
It is grounds for the cancellation of an approval if the holder:
(a) has breached a condition of the approval; or
(b) has contravened the Act or these Regulations; or
(c) has otherwise been guilty of conduct that renders the holder’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.
Note Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
171.235 Cancellation of approval after show cause notice
(1) CASA may cancel an approval only if:
(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and
(b) CASA has given the holder a show cause notice in relation to the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the holder; and
(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.
(2) Subregulation (1) does not apply in relation to an approval in circumstances in which CASA must cancel the approval.
(3) If CASA has given a show cause notice to an approval holder, and it decides not to cancel the approval, it:
(a) must tell the holder in writing of the decision; and
(b) must, if the approval is suspended, revoke the suspension.
171.237 Cancellation if cooperation or arrangement ceases
(1) CASA must cancel the approval of a person mentioned in subparagraph 171.020 (1) (c) (i) if the cooperation mentioned in that subparagraph ceases.
(2) CASA must cancel the approval of a person mentioned in subparagraph 171.020 (1) (c) (ii) if the arrangement mentioned in that subparagraph ceases.
171.240 Cancellation at request of service provider
(1) Despite anything else in this Part, CASA must cancel a service provider’s approval if asked to do so, in writing by the provider.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.
171.245 CASA’s power to direct variation of manual
(1) If necessary in the interests of the safety of air navigation, CASA may direct a service provider in writing to vary its operations manual, within a reasonable period specified in the direction, in a way specified in the direction.
(2) CASA may extend the period by written notice, before or after the end of the period mentioned in subregulation (1).
(3) If the service provider does not comply with the direction within the period (including any extension of it), the manual is taken to cease to be approved at the end of the period.
(4) After complying with the direction, the holder must give CASA a copy of the manual as so varied.
171.250 Certificate
(1) If CASA approves an applicant as a service provider, CASA must issue to the applicant a certificate setting out:
(a) what the approval is; and
(b) any conditions applicable to it; and
(c) when it came into effect, and when it will end (if not sooner cancelled); and
(d) any other information CASA thinks should be included.
(2) CASA may issue a replacement certificate if anything set out on a certificate is no longer correct.
(3) CASA must issue a replacement certificate if CASA approves, under subregulation 171.035 (3), a draft amendment of the operations manual that requires the provider’s certificate to be amended to conform with the approved change.
171.255 Return of certificate if approval ceases
(1) If an approval ceases, the person that was the service provider must return the certificate to CASA immediately.
Penalty: 1 penalty unit.
Note A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) It is a defence to a charge of contravening subregulation (1) that the defendant returned the certificate to CASA as soon as practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3).
Part 172 Air Traffic Service Providers
Note This Part is made up as follows:
Subpart 172.A General
172.005 Applicability of this Part
172.010 Definitions for this Part
172.015 What is an ATS provider
172.020 Providing air traffic service without approval
172.022 Issue of Manual of Standards
Subpart 172.B Approval as an ATS provider
172.024 Applicant for approval as ATS provider
172.025 What an application must be accompanied by
172.030 When applicant is eligible for approval
172.035 Approval subject to conditions
172.040 Approval not transferable
172.045 Certificate under Subpart 172.F
172.050 How long approval remains in force
172.055 Variation of approvals
Subpart 172.C Requirements to be complied with by ATS providers
Division 172.C.1 Operations manual
172.060 Operations manual
Division 172.C.2 Air traffic service
172.065 Standards for air traffic service
172.070 Aeronautical telecommunications procedures
172.075 ICAO Doc. 4444 and ICAO Doc. 7030
172.080 Compliance with provider’s operations manual
172.085 Priority of standards
172.090 Priority of inconsistent procedures
Division 172.C.3 Standards for facilities and equipment
172.095 Facilities and equipment
Division 172.C.4 Organisation and personnel
172.100 Definition for this Division
172.105 Organisation
172.110 Personnel
172.115 Supervisory personnel
172.120 Qualifications for certain personnel
Division 172.C.5 Arrangements to maintain service
172.125 Agreements with service providers
172.130 Agreements with aerodrome operators
172.135 Arrangements for transfer of information
Division 172.C.6 Management
172.140 Training and checking program
172.145 Safety management system
172.150 Contingency plan
172.155 Security program
Division 172.C.7 Reference materials, documents, records and log books
172.160 Reference materials
172.165 Documents and records
172.170 Document and record control system
172.175 Logbooks
Division 172.C.8 Notice of air traffic service
172.180 Availability of air traffic service
Subpart 172.D Telling CASA about changes
172.185 Advice on organisational changes
172.190 Discontinuing air traffic service
Subpart 172.E Miscellaneous
172.195 ATS provider must not provide unauthorised air traffic service
Subpart 172.F Administration
Division 172.F.1 Preliminary
172.200 Applicability of this Subpart
Division 172.F.2 Approvals
172.205 Joint applications not permitted
172.210 How to apply — application by individual applicant
172.215 How to apply — application by corporation etc
172.220 Who to apply to
172.225 Application for approval cancelled previously
172.230 CASA may require demonstrations of procedures or equipment
172.235 Other things CASA can ask individual applicant to do — interview
172.240 Other things CASA can ask applicant to do — provide more information
172.245 Statutory declarations to verify applications
172.250 Matters that CASA may or must take into account
172.255 Statutory declarations to verify statements in submissions
172.260 When CASA must approve an applicant
172.265 When decision must be made
172.270 Notice of decision
172.275 Certificate about approval
172.280 Return of certificate if approval cancelled
Division 172.F.3 Variation of approvals
172.285 Applicability of this Division
172.290 Application for variation
172.295 CASA’s power to vary condition of approval
Division 172.F.4 Directions to amend provider’s operations manual
172.300 CASA may direct amendments to provider’s operations manual
Division 172.F.5 Suspension and cancellation of approvals
172.305 Definition for this Division
172.310 Suspension of approval by show cause notice
172.315 Grounds for cancellation of approval
172.320 Notice to show cause
172.325 Cancellation of approval after show cause notice
172.327 Cancellation if cooperation or arrangement ceases
172.330 Cancellation at request of ATS provider
Subpart 172.A General
172.005 Applicability of this Part
(1) This Part:
(a) applies to a person that wants to become, or is, an ATS provider; and
(b) sets out certain administrative rules applying to CASA in its administration of this Part.
(2) However, this Part does not apply to:
(a) a person who is providing an air traffic service in the course of his or her duties for the Defence Force; or
(b) any air traffic service provided by the Defence Force.
172.010 Definitions for this Part
In this Part:
airspace authority means:
(a) the body having the responsibility for making determinations under regulation 5, declarations under regulation 6 and designations under regulation 8 of the Airspace Regulations 2007; or
(b) if another body is given that responsibility under other regulations having the same or similar effect — that body.
air traffic service means an air traffic service of a kind mentioned in Annex 11, other than a certified air/ground radio service at an aerodrome.
Annex 10 means Annex 10 to the Chicago Convention.
Annex 11 means Annex 11 to the Chicago Convention.
certified air/ground radio service, or CA/GRS, in relation to an aerodrome, means an air/ground radio service for the aerodrome certified in accordance with regulation 139.410.
ICAO Doc. 4444 means Doc. 4444‑RAC/501 (Procedures for Air Navigation Services – Rules of the Air and Air Traffic Services) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
ICAO Doc. 7030 means Doc. 7030 (Regional Supplementary Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
Manual of Standards means the document called ‘Manual of Standards (MOS) – Part 172’ issued by CASA under regulation 172.022, as in force from time to time.
provider’s operations manual, in relation to an ATS provider, means the manual maintained by the provider under regulation 172.060.
172.015 What is an ATS provider
An ATS provider is a person approved, under Subpart 172.F, to provide the air traffic services that are covered by the approval.
172.020 Providing air traffic service without approval
(1) A person that is not an ATS provider must not provide an air traffic service.
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.
172.022 Issue of Manual of Standards
(1) CASA may issue a Manual of Standards for this Part that provides for the following matters:
(a) standards, including procedures, systems and documents used to provide an air traffic service;
(b) standards for facilities and equipment used to provide an air traffic service;
(c) standards for the training and checking of an ATS provider’s personnel;
(d) any matter required or permitted by the regulations to be provided for by the Manual of Standards;
(e) any matter necessary or convenient to be provided for the effective operation of this Part.
Note A Manual of Standards is a legislative instrument — see subsections 98 (5A) and (5B) of the Act and subparagraph 6 (d) (i) of the Legislative Instruments Act 2003. It must be registered in accordance with the latter Act and must be tabled in both Houses of the Parliament within 6 sitting days after its making.
(2) CASA must give a copy of a notice about a Manual of Standards for this Part (being a notice referred to in subregulation 11.275 (3) or regulation 11.280) to each ATS provider.
Note Subpart 11.J (including regulations 11.275 and 11.280) sets out procedures for the issue, amendment and revocation of a MOS.
Subpart 172.B Approval as an ATS provider
172.024 Applicant for approval as ATS provider
A person is eligible to apply for approval as an ATS provider if the person is any of the following:
(a) the Commonwealth;
(b) AA;
(c) a person who is to provide an air traffic service:
(i) in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995; or
(ii) by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995.
172.025 What an application must be accompanied by
An application, under Subpart 172.F, for approval as an ATS provider must be accompanied by:
(a) a copy of the applicant’s operations manual; and
(b) a written statement setting out air traffic services that the applicant proposes to provide; and
(c) enough information to identify, for each air traffic service:
(i) the location from which the service is proposed to be provided; and
(ii) if the service is to be provided within particular airspace allocated to the applicant by the airspace authority — the airspace; and
(iii) if the service is to be provided for an aerodrome allocated to the applicant by the airspace authority — the aerodrome; and
(d) a written statement setting out the hours during which each traffic service is proposed to be available; and
(e) a written statement describing the arrangements the applicant has made to comply with the requirements of Subpart 172.C.
172.030 When applicant is eligible for approval
For Subpart 172.F, an applicant is eligible to become an ATS provider if the applicant is able to comply with the requirements of Subparts 172.C and 172.D or will be able to do so if the applicant is approved.
172.035 Approval subject to conditions
If an ATS provider’s approval is subject to conditions, the provider must comply with the conditions.
172.040 Approval not transferable
An approval is not transferable.
172.045 Certificate under Subpart 172.F
A certificate issued under Subpart 172.F to an ATS provider must, as well as including the information required by that Subpart:
(a) state the provider’s name and address of its principal place of business; and
(b) list the air traffic services covered by the provider’s approval; and
(c) identify, for each air traffic service:
(i) the location from which the service will be provided; and
(ii) if the service is to be provided within particular airspace allocated to the provider by the airspace authority — the airspace; and
(iii) if the service is to be provided for an aerodrome allocated to the provider by the airspace authority — the aerodrome.
172.050 How long approval remains in force
(1) An ATS provider’s approval:
(a) comes into force on the date stated in the certificate issued to the provider under Subpart 172.F; and
(b) remains in force until it is cancelled.
(2) However, the approval is not in force during any period of suspension.
172.055 Variation of approvals
(1) If an ATS provider wants to vary its approval, it must apply to CASA, under Subpart 172.F, for that purpose.
(2) The application must contain, or have with it, a copy of the proposed variation.
(3) If CASA approves the application under Subpart 172.F, the variation takes effect:
(a) if a day is set out in the written notice given to the applicant under Subpart 172.F — on that day; or
(b) if no day is set out — when the notice is given to the provider.
Subpart 172.C Requirements to be complied with by ATS providers
Division 172.C.1 Operations manual
172.060 Operations manual
(1) An ATS provider must, at all times, maintain an operations manual that complies with the standards set out in the Manual of Standards.
. (2) The provider:
(a) must keep the manual in a readily accessible form; and
(b) must ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides has ready access to the manual.
(3) The provider must amend the manual whenever it is necessary to do so to keep it in an up to date form.
(4) If the provider is given a direction, under regulation 172.300, to amend the manual, the provider must comply with the direction.
(5) The provider must ensure:
(a) that all the amendments are incorporated in all copies of the manual kept by the operator; and
(b) that copies of the amendments are given to CASA.
Division 172.C.2 Air traffic service
172.065 Standards for air traffic service
(1) An ATS provider must ensure that any air traffic service that it provides is provided in accordance with:
(a) the standards set out in the Manual of Standards; and
(b) the standards set out or referred to in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP.
(2) However, the provider may deviate from the standards if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.
(3) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.
172.070 Aeronautical telecommunications procedures
An ATS provider must ensure that any air traffic service that it provides is provided in accordance with:
(a) the radiotelephony procedures set out in Parts 1 and 2 of the AIP; and
(b) the procedures for aeronautical telecommunications set out in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP.
172.075 ICAO Doc. 4444 and ICAO Doc. 7030
(1) An ATS provider must ensure that any air traffic service that it provides is provided in accordance with the procedures and rules set out in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP.
(2) If a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides, the provider must also ensure that the service is provided in accordance with that procedure.
(3) However, the provider may deviate from a procedure or rule mentioned subregulation (1), or a regional supplementary procedure mentioned in subregulation (2), if an emergency, or other circumstance, arises that makes the deviation necessary in the interests of aviation safety.
(4) As soon as practicable, the provider must tell CASA of the deviation and how long it is likely to last.
172.080 Compliance with provider’s operations manual
An ATS provider must ensure that any air traffic service that it provides is provided in accordance with its provider’s operations manual.
172.085 Priority of standards
If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with a standard in the Manual of Standards and a standard in Annex 11, as varied by Gen 1.7 of Part 1 of the AIP, and it is not possible to comply with both standards, the provider is only required to ensure that the service is provided in accordance with the standard in the Manual.
172.090 Priority of inconsistent procedures
(1) In this regulation:
procedure includes rules.
(2) If, apart from this regulation, an ATS provider would be required by this Division to ensure that any air traffic service that it provides is provided in accordance with 2 or more procedures that are inconsistent, the provider is only required to ensure that the service is provided in accordance with whichever of the procedures has the highest priority.
(3) For this regulation, 2 or more procedures are inconsistent if:
(a) it is not possible to comply with both or all of the procedures; or
(b) they require the same, or substantially similar, action to be taken at different times or in a different way.
(4) The order of priority of a procedure is as follows (starting with those of highest priority):
(a) procedures in Parts 1 and 2 of the AIP;
(b) procedures for aeronautical telecommunications in Volume II of Annex 10, as varied by Gen 1.7 of Part 1 of the AIP;
(c) procedures in ICAO Doc. 7030;
(d) procedures in ICAO Doc. 4444, as varied by Gen 1.7 of Part 1 of the AIP;
(e) any procedures in the provider’s operations manual.
Division 172.C.3 Standards for facilities and equipment
172.095 Facilities and equipment
(1) An ATS provider must, at all times, make available for use by its personnel the equipment and facilities necessary for providing, in accordance with the standards set out in the Manual of Standards, the air traffic services covered by its approval.
(2) The equipment must include equipment of the kinds specified in the Manual of Standards.
(3) Any equipment and facilities mentioned in chapter 6 of Annex 11 that the provider uses in providing an air traffic service must comply with the standards of that chapter.
(4) If the provider uses a control tower in providing an air traffic service, the provider must ensure the control tower is designed, sited, constructed, equipped and maintained in accordance with the standards set out in the Manual of Standards.
Division 172.C.4 Organisation and personnel
172.100 Definition for this Division
In this Division:
trained, in relation to a member of an ATS provider’s personnel, means trained in accordance with any relevant requirements set out in the provider’s training and checking program mentioned in regulation 172.140.
172.105 Organisation
An ATS provider must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval.
172.110 Personnel
An ATS provider must have, at all times, enough suitably qualified and trained personnel to enable it to provide, in accordance with the standards set out in the Manual of Standards and the standards set out or referred to in Annex 11, the air traffic services covered by its approval.
172.115 Supervisory personnel
An ATS provider must have, at all times, enough suitably qualified and trained personnel who are able to supervise the provision of any air traffic service that it provides.
172.120 Qualifications for certain personnel
(1) An ATS provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides unless:
(a) CASA has authorised the person to perform the function under regulation 65.035; or
(b) the person holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function; or
(c) the person performs the function under the supervision of another person who holds an ATC licence with a rating for the function and an endorsement for the controlled aerodrome for which, or the airspace in relation to which, the person performs the function.
(2) The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides unless:
(a) CASA has authorised the person to perform the function under regulation 65.050; or
(b) the person holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function; or
(c) the person performs the function under the supervision of another person who holds a flight service licence with a rating for the function and an endorsement for the aerodrome for which, or the airspace in relation to which, the person performs the function.
(3) The provider must not give to a person responsibility for an air traffic control function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255.
(4) The provider must not give to a person responsibility for a flight service function to be performed in connection with any air traffic service that it provides if the person is subject to a direction under regulation 65.255.
Division 172.C.5 Arrangements to maintain service
172.125 Agreements with service providers
(1) In this regulation:
service provider means a person:
(a) that is approved, under Part 171, to provide a telecommunication service, radionavigation service, or both; and
(b) whose approval is in force.
(2) An ATS provider (other than an ATS provider that is also a service provider) must have an agreement with a service provider for any telecommunication service or radionavigation service that the service provider provides to the ATS provider.
(3) An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards.
172.130 Agreements with aerodrome operators
(1) In this regulation:
vehicle includes boat.
(2) If an ATS provider (other than an ATS provider that is also an aerodrome operator) provides an air traffic service for a controlled aerodrome, the provider must have an agreement with the aerodrome operator covering the arrangements for controlling aircraft, vehicles and people on the manoeuvring area of the aerodrome.
(3) An agreement, under subregulation (2), must be in accordance with the standards set out in the Manual of Standards.
172.135 Arrangements for transfer of information
(1) An ATS provider must have, at all times, adequate arrangements to ensure that it gets, and will continue to get, the services and information necessary to provide the air traffic services covered by its approval.
(2) The provider must have, at all times, adequate arrangements to ensure that it is able, and will continue to be able, to provide information in connection with any of those air traffic services to another person whose duties or functions reasonably require that information.
Division 172.C.6 Management
172.140 Training and checking program
An ATS provider must, at all times, provide a training and checking program, in accordance with the Manual of Standards, to ensure that each member of its personnel who performs functions in connection with any air traffic service that it provides is competent to perform those functions.
172.145 Safety management system
(1) An ATS provider must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary to provide the air traffic services covered by its approval safely.
(2) The safety management system must be in accordance with the standards set out in the Manual of Standards.
(3) The provider must keep under review its safety management system and take such corrective action as is necessary to ensure that it operates properly.
172.150 Contingency plan
(1) An ATS provider must have a contingency plan, in accordance with the standards set out in the Manual of Standards, of the procedures to be followed if, for any reason, an air traffic service being provided by it is interrupted.
(2) The plan must include:
(a) the actions to be taken by the members of the provider’s personnel responsible for providing the service; and
(b) possible alternative arrangements for providing the service; and
(c) the arrangements for resuming normal operations for the service.
172.155 Security program
(1) An ATS provider must have, and put into effect, a security program that sets out the procedures designed to protect its personnel, and any facility and equipment that it uses, in providing any of its air traffic services.
(2) The security program must be in accordance with the standards set out in the Manual of Standards.
Division 172.C.7 Reference materials, documents, records and log books
172.160 Reference materials
(1) An ATS provider must maintain the following reference materials:
(a) copies of the Act and these Regulations;
(b) copies of Annex 11 and Volume II of Annex 10;
(c) a copy of ICAO Doc. 4444;
(d) if a regional supplementary procedure set out in ICAO Doc. 7030 relates to an air traffic service that the provider provides — a copy of ICAO Doc. 7030;
(e) a copy of the parts of the AIP that are relevant to any air traffic services that it provides;
(f) the Manual of Standards;
(g) all manuals and documents specified in the Manual of Standards;
(h) a copy of any instruction issued by it to its personnel in relation to the provision of its air traffic services.
(2) The provider must keep the reference materials up to date and in a readily accessible form.
(3) The provider’s personnel who perform functions in connection with any air traffic service that the provider provides must have ready access to the reference materials.
172.165 Documents and records
(1) An ATS provider must keep documents and records of the kinds specified in the Manual of Standards.
(2) A document or record must be retained for as long as the Manual specifies for the particular kind of document or record.
(3) The provider must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.
172.170 Document and record control system
(1) An ATS provider must establish, and put into effect, a system for controlling documents and records relating to the air traffic services that it provides, including the policies and procedures for making, amending, preserving and disposing those documents and records.
(2) The system must be in accordance with the standards set out in the Manual of Standards.
(3) The documents and records must include the documents and records required to be kept under regulation 172.165.
172.175 Logbooks
(1) An ATS provider must keep, for each air traffic service that it provides from a particular location, a logbook in accordance with the standards set out in the Manual of Standards.
(2) The provider must ensure that information of the kinds mentioned in the Manual is recorded in each logbook.
(3) The provider must, at CASA’s request, make each logbook, or a copy of it or an extract from it, available for inspection by CASA.
Division 172.C.8 Notice of air traffic service
172.180 Availability of air traffic service
(1) An ATS provider must give to the Aeronautical Information Service details of each air traffic service that it provides in particular airspace, or for a particular aerodrome, including the hours during which the service is available.
(2) An ATS provider must tell the Aeronautical Information Service about changes, interruptions or the unavailability of any of its air traffic services, if it is practicable to do so.
Subpart 172.D Telling CASA about changes
172.185 Advice on organisational changes
An ATS provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any of its air traffic services within 7 days after the change occurs.
172.190 Discontinuing air traffic service
(1) An ATS provider must not discontinue an air traffic service that it provides, unless it has given CASA at least 7 days written notice that the service is to be discontinued.
(2) Subregulation (1) does not apply if, having regard to the provider’s circumstances:
(a) it was not reasonably practicable for the provider to give to CASA at least 7 days notice; and
(b) the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued.
Subpart 172.E Miscellaneous
172.195 ATS provider must not provide unauthorised air traffic service
An ATS provider must not provide an air traffic service unless its approval:
(a) is in force; and
(b) covers that service.
Subpart 172.F Administration
Note This Subpart is an interim measure while a separate Part dealing with administration rules is being developed.
Division 172.F.1 Preliminary
172.200 Applicability of this Subpart
This Subpart:
(a) sets out certain administrative rules applying to CASA in its administration of this Part; and
(b) includes certain generic provisions applying to anyone who wants to become, or is, an ATS provider.
Division 172.F.2 Approvals
172.205 Joint applications not permitted
(1) An application purportedly made by 2 or more persons jointly is not a valid application for any purpose.
(2) An application purportedly made by a partnership is not a valid application for any purpose.
172.210 How to apply — application by individual applicant
(1) An individual must apply for approval as an ATS provider in the way set out in this regulation.
(2) The application must be in writing.
(3) The application:
(a) must include any information required by or under these Regulations; and
(b) must be accompanied by any document required by or under these Regulations.
172.215 How to apply — application by corporation etc
(1) A legal person other than an individual must apply for approval as an ATS provider in the way set out in this regulation.
(2) The application must be in writing.
(3) The application:
(a) must set out the applicant’s registered address and ACN; and
(b) must give the names and addresses of its officers; and
(c) must include any other information required by or under these Regulations; and
(d) must be accompanied by any document required by or under these Regulations.
(4) In paragraph (3) (b):
officers of an applicant:
(a) if the applicant concerned is incorporated under the Corporations Law — has the meaning given by section 82A of that Law; and
(b) in the case of any other applicant — means the people responsible for its management and control, and includes anybody with whose directions or wishes the applicant ordinarily complies.
172.220 Who to apply to
An application must be made to CASA.
172.225 Application for approval cancelled previously
If an applicant for approval as an ATS provider has previously been approved as an ATS provider, and the approval was cancelled for a reason mentioned in regulation 172.315, the applicant must include with the application any available evidence tending to show that the applicant could now properly provide the air traffic services that it proposes to provide.
172.230 CASA may require demonstrations of procedures or equipment
(1) CASA may ask an applicant, in writing, to conduct demonstrations of its procedures or equipment to assess whether the applicant can properly provide the air traffic services that it proposes to provide.
(2) The request must describe the demonstrations that the applicant is required to conduct.
(3) The demonstrations must be conducted under the observations of an officer authorised by CASA in writing for that purpose.
(4) If CASA asks an applicant to conduct a demonstration under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant conducts the demonstration.
172.235 Other things CASA can ask individual applicant to do — interview
(1) CASA may ask an individual who is an applicant, in writing, to come to a specified reasonable place at a specified reasonable time to be interviewed.
(2) If CASA asks an applicant to come for interview, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant participates in the interview.
172.240 Other things CASA can ask applicant to do — provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.
(2) If CASA asks for more information, or a copy of a document, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.
172.245 Statutory declarations to verify applications
(1) CASA may ask an applicant, in writing, to verify, by statutory declaration, any statement in an application.
(2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
172.250 Matters that CASA may or must take into account
(1) In making a decision on an application, CASA may take into account:
(a) anything in the application or in any other document submitted by the applicant; and
(b) anything in its records about the applicant; and
(c) the contents of any statutory declaration made by the applicant, or an officer of the applicant, under regulation 172.245; and
(d) any demonstration of procedures or equipment conducted by the applicant under regulation 172.230.
(2) However, before taking into account anything in its records about an applicant, CASA must:
(a) tell the applicant, in writing, that it intends to do so, and the substance of what CASA intends to take into account; and
(b) invite the applicant, in writing, to make a written submission about the matter within a specified reasonable time.
(3) If the applicant makes a written submission within the specified time, CASA must take the submission into account.
(4) When deciding whether to approve an applicant previously approved as an ATS provider and whose approval was cancelled under regulation 172.325, CASA must take into account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation; and
(c) any evidence of the kind mentioned in regulation 172.225 that the applicant submits.
172.255 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant, in writing, to verify any statement in a submission under subregulation 172.250 (3) by statutory declaration.
(2) CASA must, in making a decision on the application concerned, take such a submission into account.
(3) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
172.260 When CASA must approve an applicant
(1) Subject to section 30A of the Act, if an applicant has applied for approval as an ATS provider in accordance with this Part, CASA must approve the applicant if:
(a) the applicant is eligible to be approved; and
(b) any other requirements for the approval by or under these Regulations by or in relation to the applicant are satisfied; and
(c) no provision of these Regulations forbids CASA to approve the applicant, or makes the applicant ineligible for the approval; and
(d) approving the applicant would not be likely to have an adverse effect on the safety of air navigation.
(2) CASA may approve the applicant for only some of the air traffic services sought in the application.
(3) However, CASA must refuse an application for an approval for an air traffic service to be provided in particular airspace, or for a particular aerodrome, if anyone else who is an ATS provider already provides that service in that airspace or for that aerodrome.
(4) CASA may approve the applicant subject to any condition necessary in the interests of the safety of air navigation.
172.265 When decision must be made
(1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.
(2) The period is 6 months.
(3) However, if CASA makes a request under regulation 172.230, 172.235 or 172.240, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.
(4) Also, if CASA asks an applicant to make a statutory declaration under regulation 172.245 or 172.255, the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
(5) Also, if CASA invites an applicant to comment under subregulation 172.250 (2), the time between when CASA gives the invitation and when the applicant comments does not count towards the period.
172.270 Notice of decision
After making a decision on an application, CASA must tell the applicant in writing, as soon as practicable:
(a) the decision; and
(b) if the decision was to refuse the application, or to approve the applicant subject to a condition not sought by the applicant — the reasons for the decision.
172.275 Certificate about approval
(1) If CASA approves an applicant as an ATS provider, CASA must issue to the applicant a certificate setting out:
(a) what the approval is; and
(b) any conditions applicable to it; and
(c) when it came into effect, and when it will end (if not sooner cancelled); and
(d) any other information CASA thinks should be included.
(2) CASA may issue a replacement certificate if anything set out on a certificate is no longer correct.
172.280 Return of certificate if approval cancelled
(1) If CASA has issued a certificate about an approval, and the approval is cancelled, the person to whom the certificate was issued must return it to CASA immediately.
Penalty: 1 penalty unit.
Note A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(3) It is a defence to a charge of contravening subregulation (1) that the defendant returned the certificate to CASA as soon as practicable.
Note A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3).
Division 172.F.3 Variation of approvals
172.285 Applicability of this Division
This Division applies in relation to variation of an approval (including imposing, removing or varying a condition applicable to the approval).
172.290 Application for variation
(1) An ATS provider may apply to CASA to vary its approval.
(2) Division 172.F.2 applies to the application except that the provider need not give CASA information, or a document, that the provider has already given to CASA.
172.295 CASA’s power to vary condition of approval
(1) If necessary in the interests of the safety of air navigation, CASA may impose a condition on, or vary a condition of, an ATS provider’s approval.
(1A) In particular, CASA may impose, on an approval, any condition necessary to give effect to an arrangement mentioned in subsection 11 (3) of the Air Services Act 1995.
(2) CASA must give the provider written notice of the imposition or variation, and must specify a reasonable period within which the provider may make a submission in relation to the imposition or variation.
(3) Unless CASA withdraws the condition or variation, the condition or variation has effect at:
(a) the end of that period; or
(b) a later time stated for the purpose in the notice.
Division 172.F.4 Directions to amend provider’s operations manual
172.300 CASA may direct amendments to provider’s operations manual
(1) If necessary in the interests of the safety of air navigation, CASA may direct an ATS provider, in writing, within a reasonable period specified in the direction, to amend its provider’s operations manual in a way specified in the direction.
(2) CASA may extend the period by written notice, before or after the end of the period referred to in subregulation (1).
Division 172.F.5 Suspension and cancellation of approvals
172.305 Definition for this Division
In this Division:
show cause notice means a notice under regulation 172.320.
172.310 Suspension of approval by show cause notice
(1) CASA may state, in a show cause notice, that an ATS provider’s approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
Note Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
(2) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider.
(3) CASA may revoke the suspension at any time.
(4) If CASA has not cancelled the approval under regulation 172.325, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.
172.315 Grounds for cancellation of approval
It is grounds for the cancellation of an ATS provider’s approval if the provider:
(a) has breached a condition of the approval; or
(b) has contravened the Act or these Regulations; or
(c) does not meet, or continue to meet, a requirement of this Part for getting the approval; or
(d) has otherwise been guilty of conduct that renders the provider’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.
Note Regulation 201.004 provides for review of certain decisions by the Administrative Appeals Tribunal.
172.320 Notice to show cause
(1) CASA may give an ATS provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider’s approval.
(2) A show cause notice must:
(a) tell the provider of the facts and circumstances that justify the cancellation of the approval; and
(b) invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
(3) For paragraph (2) (b), the period must not be less than 7 days.
172.325 Cancellation of approval after show cause notice
(1) CASA may cancel an ATS provider’s approval only if:
(a) there exist facts or circumstances that amount to grounds for the cancellation of the approval; and
(b) CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and
(d) not cancelling the approval would be likely to have an adverse effect on the safety of air navigation.
(2) If CASA has given a show cause notice to an ATS provider, and it decides not to cancel the provider’s approval, it:
(a) must tell the provider, in writing, of the decision; and
(b) must, if the approval is suspended, revoke the suspension.
172.327 Cancellation if cooperation or arrangement ceases
(1) CASA must cancel the approval of a person mentioned in subparagraph 172.024 (c) (i) if the cooperation mentioned in that subparagraph ceases.
(2) CASA must cancel the approval of a person mentioned in subparagraph 172.024 (c) (ii) if the arrangement mentioned in that subparagraph ceases.
172.330 Cancellation at request of ATS provider
(1) Despite anything else in this Part, CASA must cancel an ATS provider’s approval if asked to do so, in writing, by the provider.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.
Part 173 Instrument flight procedure design
Note This Part is made up as follows:
Subpart 173.A General
173.005 Applicability
173.010 Definitions for this Part
173.015 What is a certified designer
173.020 What is a procedure design certificate
173.025 What is an authorised designer
173.030 What is a procedure design authorisation
173.035 Designing terminal instrument flight procedures requires procedure design certificate etc
173.040 Designing instrument flight procedures other than terminal instrument flight procedures
Subpart 173.B Certified designers
Division 173.B.1 Certification as certified designer
173.045 Applications for procedure design certificates
173.050 Criteria for grant of procedure design certificates
173.055 Procedure design certificate
173.060 Procedure design certificates subject to conditions
173.065 How long procedure design certificate remains in force
173.070 Variation of procedure design certificates
Division 173.B.2 Requirements to be complied with by certified designers
173.075 Certified designer to maintain operations manual
173.080 Compliance with operations manual
173.085 Standards for design of terminal instrument flight procedures etc
173.090 Verification of terminal instrument flight procedures
173.095 Validation of terminal instrument flight procedures
173.100 Publication of terminal instrument flight procedures
173.105 Radio navigation aids
173.110 Maintenance of terminal instrument flight procedures
173.115 Certified designer to provide facilities etc
173.120 Certified designer to have appropriate organisation
173.125 Certified designer to have sufficient personnel
173.130 Supervisory personnel
173.135 Certified designer to appoint chief designer
173.140 Certified designer to provide training and checking program
173.145 Certified designer to have safety management system
173.150 Certified designer to maintain reference materials
173.155 Certified designer to keep documents and records
173.160 Certified designer to have document and record control system
Division 173.B.3 Chief designer
173.165 Approval for appointment of chief designer
173.170 Approval for appointment to act as chief designer
173.175 Appointment likely to have adverse effect on air safety
173.180 Chief designer’s functions and duties
173.185 Duration of approval
173.190 Withdrawal or suspension of approval of appointment
Division 173.B.4 Miscellaneous
173.195 Advice on organisational changes
173.200 Discontinuing design work on terminal instrument flight procedures of a particular type
173.205 Notifying the AIS of a variation to a procedure design certificate
173.210 Discontinuing maintenance of particular terminal instrument flight procedures
173.215 Transfer of maintenance responsibility
Subpart 173.C Authorised designers
Division 173.C.1 Authorisation as authorised designer
173.220 Applications for procedure design authorisations
173.225 Criteria for grant of procedure design authorisations
173.230 Notice of procedure design authorisation
173.235 Procedure design authorisations subject to conditions
173.240 How long procedure design authorisation remains in force
173.245 Variation of procedure design authorisation
Division 173.C.2 Requirements to be complied with by authorised designers
173.250 Operations manual
173.255 Compliance with operations manual
173.260 Standards for design of terminal instrument flight procedures etc
173.265 Off‑shore installations
173.270 Maintenance of terminal instrument flight procedures
173.275 Authorised designer to have sufficient personnel
173.280 Authorised designer to maintain reference materials
173.285 Authorised designer to keep documents and records
173.290 Authorised designer to have document and record control system
Division 173.C.3 Miscellaneous
173.295 Discontinuing design work on terminal instrument flight of a particular type
173.300 Discontinuing maintenance of terminal instrument flight procedures
173.305 Transfer of maintenance responsibility
Subpart 173.D Performance of design work
173.310 Certified designer not to exceed the limitations of the designer’s procedure design certificate
173.315 Authorised designer not to exceed the limitations of authorisation
Subpart 173.E Administration
Division 173.E.1 Application for, and grant of, procedure design certificates and procedure design authorisations and related matters
173.320 Request for information
173.325 Other things CASA can ask applicant to do — interview
173.330 CASA may require demonstrations of equipment etc
173.335 Grant of procedure design certificate or procedure design authorisation
173.340 Material that CASA may or must take into account
173.345 CASA may grant certificate or authorisation subject to conditions
173.350 When decision must be made
173.355 Notice of decision
173.360 Return of certificate if procedure design certificate cancelled
Division 173.E.2 Variation of procedure design certificates and procedure design authorisations
173.365 Applicability of this Division
173.370 Application for variation
Division 173.E.3 Directions to amend certified designer’s or authorised designer’s operations manual
173.375 CASA may direct amendments to designer’s operations manual
Division 173.E.4 Suspension and cancellation of procedure design certificates and procedure design authorisations
173.380 Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA
173.385 Cancellation at request of certified designer or authorised designer
Division 173.E.5 Authorised inspectors
173.390 CASA may appoint authorised inspectors
173.395 Identity card
173.400 Powers of authorised inspector
Subpart 173.A General
173.005 Applicability
(1) This Part:
(a) provides for the standards that apply to the design of instrument flight procedures; and
(b) applies to the following persons:
(i) persons who want to become, or are, certified designers or authorised designers of terminal instrument flight procedures and certain employees of those persons;
(ii) persons who design instrument flight procedures other than terminal instrument flight procedures.
(2) This Part also sets out certain rules that apply to CASA in administering procedure design certificates and procedure design authorisations.
(3) Nothing in this Part applies:
(a) in relation to the design of terminal instrument flight procedures for use by an aircraft in circumstances where one or more engines of the aircraft become inoperative while it is on an IFR flight; or
(b) to a person who carries on design work on such procedures.
173.010 Definitions for this Part
In this Part, unless the contrary intention appears:
AIS means:
(a) the body responsible for providing an aeronautical information service under the Air Services Act 1995; or
(b) if another body is given that responsibility under another Act having the same or similar effect — that body.
authorised designer has the meaning given by regulation 173.025.
certified designer has the meaning given by regulation 173.015.
chief designer, for a certified designer, means a person appointed as chief designer for the certified designer under Division 173.B.3.
continental shelf means the continental shelf of Australia, within the meaning of the Seas and Submerged Lands Act 1973.
design work, in relation to a terminal instrument flight procedure, means any of the following work:
(a) designing the procedure or a part of the procedure;
(b) verifying, maintaining, reviewing or amending the procedure;
(c) supervising a person carrying on any work mentioned in paragraph (a) or (b).
employee, of a certified designer or an authorised designer, includes a person who carries on design work on a terminal instrument flight procedure for the designer in the course of performing services for the designer.
ICAO Doc. 8168 (PANS‑OPS) means Doc.8168‑OPS/611 Volume II (Procedures for Air Navigation Services – Construction of Visual and Instrument Flight Procedures) approved and published by decision of the Council of the International Civil Aviation Organisation, as in force from time to time.
Manual of Standards means the document called ‘Manual of Standards (MOS) Part 173 – Standards Applicable to the Provision of Instrument Flight Procedure Design’, published by CASA, as in force from time to time.
Note The Manual of Standards is available from CASA’s website at:
www.casa.gov.au.
off‑shore installation means an installation that is erected on, or floating in the sea above, the continental shelf for the purposes of extracting, or exploring for, petroleum or natural gas.
operations manual:
(a) in relation to a certified designer, means the manual maintained by the designer under regulation 173.075; and
(b) in relation to an authorised designer, means the manual maintained by the designer under regulation 173.250.
procedure design authorisation has the meaning given by regulation 173.030.
procedure design certificate has the meaning given by regulation 173.020.
specialised helicopter operations means helicopter operations that involve the carriage of persons or cargo:
(a) between:
(i) the coast of Australia and an off‑shore installation; or
(ii) two such installations; or
(b) to or from the helipad of a hospital, or of a State or Territory service (however described) established to provide assistance in emergencies.
terminal instrument flight procedure means an instrument approach procedure or an instrument departure procedure.
type of terminal instrument flight procedure means a type of terminal instrument flight procedure mentioned in the Manual of Standards.
validate has the same meaning as in the Manual of Standards.
verify has the same meaning as in regulation 173.090.
Note The following terms are defined in the Dictionary:
instrument approach procedure
instrument departure procedure
instrument flight procedures
173.015 What is a certified designer
A certified designer is a person who is the holder of a procedure design certificate that is in force.
173.020 What is a procedure design certificate
A procedure design certificate is a certificate that:
(a) is granted by CASA to a person under this Part; and
(b) certifies that the person is authorised to carry on design work on a terminal instrument flight procedure of a type covered by the certificate subject to any conditions set out in the certificate.
173.025 What is an authorised designer
An authorised designer is a person who is the holder of a procedure design authorisation that is in force.
173.030 What is a procedure design authorisation
A procedure design authorisation is an authorisation that:
(a) is granted by CASA to a person under this Part; and
(b) authorises the person to carry on either of the following activities subject to any conditions set out in the notice to the person mentioned in regulation 173.230:
(i) review or amend a terminal instrument flight procedure that is of a type covered by the authorisation and is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country;
(ii) carry on design work on a terminal instrument flight procedure that is of a type covered by the authorisation and is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off‑shore installation located no closer than 30 nm from the nearest land.
173.035 Designing terminal instrument flight procedures requires procedure design certificate etc
(1) A person must not carry on design work (other than work mentioned in subregulation (2) or (3)) on a terminal instrument flight procedure for use by Australian aircraft operating under the IFR, or by foreign aircraft operating under the IFR in Australian territory, if the person:
(a) is not a certified designer whose procedure design certificate authorises the designer to carry on design work on such a terminal instrument flight procedure; or
(b) is not an employee of such a certified designer who carries on the design work in the course of the employee’s duties.
Penalty: 50 penalty units.
(2) A person must not review or amend a terminal instrument flight procedure that is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an aerodrome in a foreign country if:
(a) the person is not:
(i) a certified designer whose procedure design certificate authorises the designer to carry on design work on such a terminal instrument flight procedure; or
(ii) an employee of such a certified designer who carries on the design work in the course of the employee’s duties; or
(b) the person is not:
(i) an authorised designer whose procedure design authorisation authorises the review or amendment of such a terminal instrument flight procedure; or
(ii) an employee of such an authorised designer who carries on such review or amendment in the course of the employee’s duties.
Penalty: 50 penalty units.
(3) A person must not carry on design work on a terminal instrument flight procedure that is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off‑shore installation if:
(a) the person is not:
(i) a certified designer whose procedure design certificate authorises the designer to carry on design work on such a terminal instrument flight procedure; or
(ii) an employee of such a certified designer who carries on the design work in the course of the employee’s duties; or
(b) the person is not:
(i) an authorised designer whose procedure design authorisation authorises the designer to carry on design work on such a terminal instrument flight procedure; or
(ii) an employee of such an authorised designer who carries on the design work in the course of the employee’s duties.
Penalty: 50 penalty units.
(4) For this regulation, CASA is taken to be a person referred to in paragraph (1) (a) and subparagraphs (2) (a) (i) and (3) (a) (i).
173.040 Designing instrument flight procedures other than terminal instrument flight procedures
(1) A person who designs an instrument flight procedure that is not a terminal instrument flight procedure must, in designing the procedure, meet any standards for the design of such a procedure set out in the Manual of Standards.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Subpart 173.B Certified designers
Division 173.B.1 Certification as certified designer
173.045 Applications for procedure design certificates
(1) A person must apply for the grant of a procedure design certificate in the way set out in this regulation.
(2) The application:
(a) must be made, in writing, to CASA; and
(b) must state:
(i) the applicant’s name and address; or
(ii) if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, the applicant’s name, registered address and ACN and the names and addresses of the people responsible for its management and control; and
(c) must contain or be accompanied by:
(i) a written statement specifying the type or each type of terminal instrument flight procedure proposed to be covered by the procedure design certificate; and
(ii) a written statement setting out the name, qualifications and relevant experience of the individual who is proposed to be the chief designer for the applicant’s organisation; and
(iii) a written statement setting out the qualifications and relevant experience of any other member of the applicant’s personnel whose duties would, if the certificate were granted to the applicant, include carrying on design work under the certificate; and
(d) must be accompanied by a copy of the operations manual under which the applicant proposes to design, or engage in design work on, terminal instrument flight procedures of the type or types concerned.
(3) If an applicant has previously been granted a procedure design certificate, and the certificate was cancelled, the applicant must include with the application any information to show that the applicant could now properly design terminal instrument flight procedures of the type or types concerned.
173.050 Criteria for grant of procedure design certificates
For regulation 173.335, a person who has applied for the grant of a procedure design certificate must, if the certificate is granted, be able to comply with the requirements of Division 173.B.2.
173.055 Procedure design certificate
(1) If CASA grants a procedure design certificate to a person under Subpart 173.E, CASA must state on the certificate:
(a) the person’s name and principal place of business; and
(b) the type or each type of terminal instrument flight procedure covered by the certificate; and
(c) any conditions applicable to it; and
(d) the date when it comes into force; and
(e) any other information that CASA thinks should be included.
(2) CASA may issue a replacement certificate in place of one that contains anything that is not, or is no longer, correct or has been lost or destroyed.
173.060 Procedure design certificates subject to conditions
A certified designer must comply with any conditions of the procedure design certificate.
173.065 How long procedure design certificate remains in force
(1) A procedure design certificate:
(a) comes into force on the date stated in it; and
(b) remains in force unless it is cancelled.
(2) However, the certificate is not in force during any period in which it is suspended.
173.070 Variation of procedure design certificates
(1) If a certified designer wants to vary a procedure design certificate or a condition of it, application must be made to CASA, under Subpart 173.E, for that purpose.
(2) The application must contain, or have with it, a copy of the proposed variation.
(3) If CASA approves the application under Subpart 173.E, the variation takes effect:
(a) if a day is specified in the written notice given to the applicant under Subpart 173.E — on that day; or
(b) if no day is specified — on the day when the notice is given to the applicant.
Division 173.B.2 Requirements to be complied with by certified designers
173.075 Certified designer to maintain operations manual
(1) A certified designer must, at all times, maintain an operations manual that meets the standards for operations manuals set out in the Manual of Standards.
(2) A certified designer:
(a) must keep the manual in a readily accessible form; and
(b) must ensure that each employee of the designer whose duties include carrying on design work under the designer’s procedure design certificate has ready access to the manual; and
(c) must amend the manual whenever it is necessary to do so to keep it in an up‑to‑date form.
(3) A certified designer must ensure:
(a) that all amendments of the manual are incorporated in all copies of the manual kept by the certified designer; and
(b) that copies of the amendments are given to CASA.
173.080 Compliance with operations manual
A certified designer must, in carrying on design work authorised under the designer’s procedure design certificate, comply with the designer’s operations manual.
173.085 Standards for design of terminal instrument flight procedures etc
(1) A certified designer designing a terminal instrument flight procedure under the certified designer’s procedure design certificate must ensure that the procedure is designed in accordance with:
(a) any applicable standards set out or referred to in ICAO Doc. 8168 (PANS‑OPS); and
(b) any applicable standards set out in the Manual of Standards.
(2) If, apart from this subregulation, a certified designer would be required to ensure that a terminal instrument flight procedure is designed in accordance with a standard set out or referred to in the ICAO Doc. 8168 (PANS‑OPS) and a standard set out in the Manual of Standards, and it is not possible to comply with both standards, the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards.
173.090 Verification of terminal instrument flight procedures
(1) A certified designer must establish procedures for verifying terminal instrument procedures that it is authorised to design under the designer’s procedure design certificate or on which the designer is authorised to carry on design work.
(2) The verification procedures:
(a) must provide for 2 qualified designers to check independently the design of each terminal instrument flight procedure designed, or on which design work is carried on, under the certified designer’s procedure design certificate; and
(b) must provide for one of those checks to be made by a qualified designer who did not carry on the design work concerned.
(3) In this regulation, a reference to verifying a terminal instrument flight procedure is a reference to the process of checking the procedure (including all data, computations and drawings for the procedure) in accordance with any applicable standards set out in the Manual of Standards.
(4) In this regulation:
qualified designer, in relation to a terminal instrument flight procedure, means an individual who:
(a) is the holder, or an employee of the holder, of a procedure design certificate that authorises the holder to design terminal instrument flight procedures of the same type as the terminal instrument flight procedure concerned; and
(b) has successfully completed:
(i) an approved course of training in the methods and practices contained in ICAO Doc. 8168 (PANS‑OPS); and
(ii) any training for persons carrying on design work on terminal instrument flight procedures that is specified in the operations manual under which the qualified designer performs the designer’s duties; and
(c) meets the experience requirements for performing the functions of a qualified designer set out in the Manual of Standards.
173.095 Validation of terminal instrument flight procedures
(1) A certified designer must ensure that each terminal instrument flight procedure designed under the designer’s procedure design certificate is validated by a CASA pilot in accordance with any applicable standards set out in the Manual of Standards.
(2) In this regulation:
CASA pilot means a pilot:
(a) who is an officer of CASA; and
(b) who meets the standards set out in the Manual of Standards for carrying out a validation flight check of a terminal instrument flight procedure.
validation flight check has the same meaning as in the Manual of Standards.
173.100 Publication of terminal instrument flight procedures
(1) A certified designer must ensure that each terminal instrument flight procedure designed under the designer’s procedure design certificate is given to the AIS for publication in the AIP together with a certificate by the certified designer’s chief designer to the effect that the procedure is designed and validated in accordance with any applicable standards set
out or referred to in ICAO Doc. 8168 (PANS‑OPS) and the Manual of Standards.
(2) However, the designer need not give a terminal instrument flight procedure to the AIS if the procedure is for use only by an aircraft in a specialised helicopter operation.
(3) A certified designer must ensure that all procedures designed under its procedure design certificate that are not given to the AIS for publication in the AIP are given to CASA.
173.105 Radio navigation aids
A certified designer must ensure that a terminal instrument flight procedure designed under the designer’s procedure design certificate does not require the use of a ground‑based radio‑navigation aid other than one that is operated and maintained by a person certificated to do so under Part 171.
173.110 Maintenance of terminal instrument flight procedures
(1) Subject to subregulation (2), a certified designer is responsible for maintaining, in accordance with the standards for the maintenance of terminal instrument flight procedures set out in the Manual of Standards, a terminal instrument flight procedure designed under the designer’s procedure design certificate or for which that responsibility is transferred to the certified designer under regulation 173.215.
(2) The certified designer ceases to be responsible for the maintenance of the procedure:
(a) if the certified designer has notified CASA and, if the procedure is published in the AIP, the AIS, under regulation 173.210, that the designer has ceased to have that responsibility:
(i) on the day when the notice is given; or
(ii) if a later day is specified in the notice — on the later day; or
(b) if the certified designer’s responsibility for the maintenance of the procedure is transferred to another certified designer in accordance with regulation 173.215 — on the day when the responsibility is transferred; or
(c) if the certified designer has notified CASA and, if the procedure is published in the AIP, the AIS, under regulation 173.200, that the designer has ceased to design the type of terminal instrument flight procedure concerned:
(i) on the day when the notice is given; or
(ii) if a later day is specified in the notice — on the later day; or
(d) if the certified designer’s procedure design certificate is varied under Subpart 173.E to exclude that type of procedure — on the day when the variation takes effect; or
(e) if the certified designer ceases to be a certified designer — on the day when the designer ceases to be a certified designer.
173.115 Certified designer to provide facilities etc
(1) A certified designer must provide and maintain adequate facilities for carrying on design work on terminal instrument flight procedures under the designer’s procedure design certificate, including:
(a) providing premises and equipment appropriate for the certified designer’s employees to carry on the design work; and
(b) ensuring that those employees have access to all necessary data for designing the procedures including:
(i) accurate and current databases or charts detailing terrain and obstacle information; and
(ii) accurate and current navigation aid coordinate data; and
(iii) accurate and current aerodrome reference point and threshold data.
(2) A certified designer must, if an aeronautical database and aeronautical data is required for designing a terminal instrument flight procedure under the designer’s procedure design certificate, have, and put into effect, procedures to ensure the integrity of the database and the data.
173.120 Certified designer to have appropriate organisation
A certified designer must, at all times, maintain an appropriate organisation with a sound and effective management structure to enable the designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate in accordance with these Regulations.
173.125 Certified designer to have sufficient personnel
A certified designer:
(a) must employ a sufficient number of personnel to enable the designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate in accordance with these Regulations; and
(b) must ensure that those personnel:
(i) are suitably qualified and competent to perform their duties; and
(ii) are trained in accordance with the Manual of Standards and the designer’s operations manual.
173.130 Supervisory personnel
A certified designer must ensure that each employee who is occupying or acting in a supervisory position in the designer’s organisation in relation to design work on terminal instrument flight procedures carried on under the designer’s procedure design certificate meets the standards for supervisory positions set out in the Manual of Standards.
173.135 Certified designer to appoint chief designer
A certified designer must not carry on design work on a terminal instrument flight procedure under the designer’s procedure design certificate unless:
(a) the certified designer has appointed a person to be the chief designer for the designer’s organisation; and
(b) the appointment is approved by CASA and is in force; and
(c) the functions of the chief designer are being carried out by the person or, if the chief designer is temporarily absent from duty, another person:
(i) who is appointed by the certified designer to act as chief designer; and
(ii) whose appointment is approved by CASA and is in force.
173.140 Certified designer to provide training and checking program
A certified designer must provide a training and checking program that is of an adequate standard to ensure that the employees of the designer maintain their competence and are provided with ongoing training appropriate to their duties.
173.145 Certified designer to have safety management system
(1) A certified designer must have, and put into effect, a safety management system that includes the policies, procedures, and practices necessary for managing design work on terminal instrument flight procedures carried on under the designer’s procedure design certificate.
(2) The safety management system must be in accordance with the standards set out in the Manual of Standards.
(3) The designer must keep its safety management system under review and take any necessary corrective action to ensure that it operates properly.
173.150 Certified designer to maintain reference materials
(1) A certified designer must maintain reference materials of the kinds specified in the Manual of Standards.
(2) A certified designer must keep the reference materials up‑to‑date and in a readily accessible form.
(3) Each employee of the certified designer who carries on design work on a terminal instrument flight procedure under the certified designer’s procedure design certificate must have ready access to the reference materials.
173.155 Certified designer to keep documents and records
(1) A certified designer must keep documents and records of the kinds specified in the Manual of Standards.
(2) A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record.
(3) The designer must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.
173.160 Certified designer to have document and record control system
(1) A certified designer must establish, and put into effect, a system for controlling documents and records relating to the terminal instrument flight procedures on which the designer carries on design work under the certified designer’s procedure design certificate, including the policies and procedures for making, amending, preserving and disposing of those documents and records.
(2) The system must be in accordance with the standards set out in the Manual of Standards.
(3) The documents and records must include the documents and records required to be kept under this Division.
Division 173.B.3 Chief designer
173.165 Approval for appointment of chief designer
(1) A certified designer must not appoint a person as chief designer unless the appointment is approved by CASA.
(2) To be appointed as chief designer, a person must, at the time of appointment, meet the standards for the chief designer for a certified designer’s organisation set out in the Manual of Standards.
173.170 Approval for appointment to act as chief designer
(1) A certified designer must not appoint a person to act as chief designer for the certified designer unless the appointment is approved by CASA.
(2) To be appointed to act as chief designer, a person must, at the time of appointment, have sufficient qualifications and experience to enable the individual to carry out the functions of the appointment properly, having regard to the nature and scope of the design work carried on by the chief designer.
173.175 Appointment likely to have adverse effect on air safety
(1) Without limiting the matters that CASA may take into account in deciding whether to approve an appointment of a person as chief designer or an appointment of a person to act as chief designer, CASA is not required to approve the appointment if the approval would be likely to have an adverse effect on the safety of air navigation.
(2) In deciding whether approval of the appointment of a person would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the following:
(a) the person’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety;
(b) the experience of the person in aviation;
(c) the person’s knowledge of the regulatory requirements applicable to civil aviation in Australia;
(d) any evidence held by CASA that the person has contravened:
(i) the Act or these Regulations; or
(ii) a law of another country relating to aviation safety; or
(iii) another law (of Australia or of another country) relating to transport safety.
Note Section 30A of the Act allows the Court to make an order excluding a person from a particular aviation activity. Such an order may have the effect of precluding the approval or acceptance of an appointment while the order is in force.
173.180 Chief designer’s functions and duties
The chief designer for a certified designer’s organisation is responsible to the certified designer for the following:
(a) ensuring that any design work on the terminal instrument flight procedures that is carried on under the designer’s procedure design certificate is carried on in accordance with these Regulations;
(b) appointing persons as employees of the certified designer to carry on design work on terminal instrument flight procedures under the designer’s procedure design certificate;
(c) effectively managing work done in relation to those terminal instrument flight procedures by those persons;
(d) issuing certificates as required by regulation 173.100.
173.185 Duration of approval
(1) An approval under regulation 173.165 or 173.170 stops being in force if:
(a) the appointment to which it relates ends; or
(b) it is withdrawn.
(2) An approval is not in force during any period in which it is suspended.
173.190 Withdrawal or suspension of approval of appointment
(1) CASA may, by notice in writing to a person appointed as the chief designer, or to act as the chief designer, for a certified designer’s organisation, withdraw or suspend approval of the person’s appointment if continuing approval of the appointment would be likely to have an adverse effect on the safety of air navigation.
(2) In deciding whether continuing approval of a person’s appointment would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the matters mentioned in subregulation 173.175 (2).
(3) The notice:
(a) must set out the reasons for the withdrawal or suspension; and
(b) in the case of a suspension, must specify the period of suspension or state when, or in what circumstances, it will end.
(4) CASA must give a copy of the notice to the certified designer.
(5) If CASA suspends approval of a person’s appointment, the person must not carry out the functions of the appointment during the period of the suspension.
(6) If CASA withdraws approval of a person’s appointment:
(a) for the purposes of these Regulations, the appointment is taken to end; and
(b) the person must not continue to carry out the functions of the position to which the appointment relates.
Division 173.B.4 Miscellaneous
173.195 Advice on organisational changes
A certified designer must tell CASA, in writing, of a change of circumstances that materially affects its capacity to design a terminal flight instrument procedure under the designer’s procedure design certificate, or engage in any design work on that procedure, within 7 days after the change occurs.
173.200 Discontinuing design work on terminal instrument flight procedures of a particular type
(1) If a certified designer ceases to carry on design work on terminal instrument flight procedures of a particular type, the certified designer must give written notice to that effect to CASA, and, if any of the procedures are published in the AIP, the AIS, within 7 days after ceasing to carry on the design work concerned.
(2) Subregulation (1) does not apply if, having regard to the certified designer’s circumstances, it is not reasonably practicable for the designer to give CASA or, if applicable, the AIS, at least 7 days notice and the notice is given as soon as is reasonably practicable.
173.205 Notifying the AIS of a variation to a procedure design certificate
If a certified designer’s procedure design certificate is varied under Subpart 173.E to exclude a particular type of terminal instrument flight procedure and the designer has given any procedures of that type to the AIS for publication in the AIP, the designer must give written notice to the AIS of the variation within 7 days after the day when the variation takes effect.
173.210 Discontinuing maintenance of particular terminal instrument flight procedures
(1) If a certified designer ceases to be responsible for the maintenance of a terminal instrument flight procedure, the certified designer must give written notice to that effect to CASA and, if the procedure is published in the AIP, to the AIS, within 7 days after ceasing to have that responsibility.
(2) Subregulation (1) does not apply if, having regard to the certified designer’s circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable.
173.215 Transfer of maintenance responsibility
(1) A certified designer may transfer the designer’s responsibility for maintaining a terminal instrument flight procedure under regulation 173.110 to another certified designer whose procedure design certificate authorises that designer to design terminal instrument flight procedures of the same type as the procedure concerned.
(2) If a certified designer accepts responsibility for the maintenance of a terminal instrument flight procedure under this regulation, the designer:
(a) must give written notice to the transferor to that effect; and
(b) must give written notice of the transfer to CASA and, if the procedure is published in the AIP, to the AIS, within 14 days after the transfer.
(3) A transfer takes effect on the day when the certified designer accepting responsibility for maintaining the procedure gives notice to the transferor under paragraph (2) (a) or, if a later day is specified in the notice, on the later day.
(4) If a certified designer transfers the designer’s responsibility for maintaining a terminal instrument flight procedure, the designer must give written notice of the transfer to CASA and, if the procedure is published in the AIP, to the AIS, within 14 days after the transfer.
Subpart 173.C Authorised designers
Division 173.C.1 Authorisation as authorised designer
173.220 Applications for procedure design authorisations
(1) A person must apply for the grant of a procedure design authorisation in the way set out in this regulation.
(2) The application:
(a) must be made, in writing, to CASA; and
(b) must state:
(i) the applicant’s name and address; or
(ii) if the applicant is incorporated by or under a law of the Commonwealth or of a State or Territory, the applicant’s name, registered address and ACN and the names and addresses of the people responsible for its management and control; and
(c) must contain or be accompanied by:
(i) a written statement specifying the activity mentioned in subparagraph 173.030 (b) (i) or (ii) that is proposed to be authorised under the authorisation, including specifying the type or each type of terminal instrument flight procedure proposed to be covered by the authorisation; and
(ii) a written statement setting out the qualifications and relevant experience of each member of the applicant’s personnel whose duties would, if the authorisation were granted to the applicant, include carrying on the design work concerned; and
(d) must be accompanied by a copy of the operations manual under which the applicant proposes to carry on that activity.
(3) If the applicant has previously been granted a procedure design authorisation to carry on an activity, and the authorisation was cancelled, the applicant must include with the application any information showing that the applicant could now properly carry on that activity.
173.225 Criteria for grant of procedure design authorisations
For regulation 173.335, a person who has applied for the grant of a procedure design authorisation must, if the authorisation is granted, be able to comply with the requirements of Division 173.C.2.
173.230 Notice of procedure design authorisation
If CASA grants a procedure design authorisation to a person under Subpart 173.E, CASA must include in the notice of decision under that Subpart:
(a) a description of the activity authorised by the authorisation, including a statement setting out the type or each type of terminal instrument flight procedure concerned; and
(b) a statement setting out any conditions of the authorisation; and
(c) a statement setting out the date when it comes into force; and
(d) any other information that CASA thinks should be included.
173.235 Procedure design authorisations subject to conditions
An authorised designer must comply with any conditions of the procedure design authorisation set out in the notice mentioned in regulation 173.230.
173.240 How long procedure design authorisation remains in force
(1) A procedure design authorisation:
(a) comes into force on the date stated in the notice mentioned in regulation 173.230; and
(b) remains in force unless it is cancelled.
(2) However, the authorisation is not in force during any period in which it is suspended.
173.245 Variation of procedure design authorisation
(1) If an authorised designer wants to vary a procedure design authorisation or a condition of the procedure design authorisation, application must be made to CASA, under Subpart 173.E, for that purpose.
(2) The application must contain, or have with it, a copy of the proposed variation.
(3) If CASA approves the application under Subpart 173.E, the variation takes effect:
(a) if a day is specified in the written notice given to the applicant under Subpart 173.E — on that day; or
(b) if no day is specified — on the day when the notice is given to the applicant.
Division 173.C.2 Requirements to be complied with by authorised designers
173.250 Operations manual
(1) An authorised designer must, at all times, maintain an operations manual that meets the standards set out in the Manual of Standards.
(2) An authorised designer:
(a) must keep the manual in a readily accessible form; and
(b) must ensure that each employee of the designer whose duties include carrying on design work authorised by the designer’s procedure design authorisation has ready access to the manual; and
(c) must amend the manual whenever it is necessary to do so to keep it in an up‑to‑date form.
(3) An authorised designer must ensure:
(a) that all amendments of the manual are incorporated in all copies of the manual kept by the designer; and
(b) that copies of the amendments are given to CASA.
173.255 Compliance with operations manual
An authorised designer must, in carrying on the activity authorised by the designer’s procedure design authorisation, comply with the designer’s operations manual.
173.260 Standards for design of terminal instrument flight procedures etc
(1) An authorised designer designing a terminal instrument flight procedure under the authorised designer’s procedure design authorisation must ensure that the procedure is designed in accordance with:
(a) any applicable standards set out or referred to in ICAO Doc. 8168 (PANS‑OPS); and
(b) any applicable standards set out in the Manual of Standards.
(2) If, apart from this subregulation, an authorised designer would be required to ensure that a terminal instrument flight procedure is designed in accordance with a standard set out or referred to in the ICAO Doc. 8168 (PANS‑OPS) and a standard set out in the Manual of Standards, and it is not possible to comply with both standards, the designer is only required to ensure that the procedure is designed in accordance with the Manual of Standards.
173.265 Off‑shore installations
(1) This regulation applies to an authorised designer who is authorised to carry on design work on a terminal instrument flight procedure that:
(a) is of a type covered by the authorisation; and
(b) is for use by Australian aircraft operating under the IFR at, or in the vicinity of, an off‑shore installation located no closer than 30 nm from the nearest land.
(2) The authorised designer must ensure that a copy of each terminal instrument flight procedure designed under the designer’s procedure design authorisation is given to CASA.
(3) The authorised designer must ensure that a terminal instrument flight procedure designed under the designer’s procedure design authorisation does not require the use of a ground‑based radio‑navigation aid other than one that is operated and maintained by a person certificated to do so under Part 171.
173.270 Maintenance of terminal instrument flight procedures
(1) Subject to subregulation (2), an authorised designer is responsible for maintaining, in accordance with the standards for the maintenance of terminal instrument flight procedures set out in the Manual of Standards, a terminal instrument flight procedure designed under the designer’s procedure design authorisation or a terminal instrument flight procedure for which that responsibility is transferred to the authorised designer under regulation 173.305.
(2) The authorised designer ceases to be responsible for the maintenance of the procedure:
(a) if the authorised designer has notified CASA, under regulation 173.300, that the designer has ceased to have that responsibility:
(i) on the day when the notice is given; or
(ii) if a later day is specified in the notice — on the later day; or
(b) if the authorised designer’s responsibility for the maintenance of the procedure is transferred to a certified designer or another authorised designer under regulation 173.305 — on the day when the responsibility is transferred; or
(c) if the authorised designer has notified CASA, under regulation 173.295, that the designer has ceased to design the type of terminal instrument flight procedure concerned:
(i) on the day when the notice is given; or
(ii) if a later day is specified in the notice — on the later day; or
(d) if the authorised designer’s procedure design authorisation is varied under Subpart 173.E to exclude that type of procedure — on the day when the authorisation is varied; or
(e) if the authorised designer ceases to be an authorised designer — on the day when the designer ceases to be an authorised designer.
173.275 Authorised designer to have sufficient personnel
An authorised designer:
(a) must employ a sufficient number of personnel to enable the designer to carry on the activity authorised by the designer’s procedure design authorisation in accordance with these Regulations; and
(b) must ensure that those personnel:
(i) are suitably qualified and competent to perform their duties; and
(ii) are trained in accordance with the Manual of Standards and the designer’s operations manual.
173.280 Authorised designer to maintain reference materials
(1) An authorised designer must maintain reference materials of the kinds specified in the Manual of Standards.
(2) An authorised designer must keep the reference materials up‑to‑date and in a readily accessible form.
(3) Each employee of the authorised designer whose duties include carrying on design work that is authorised under the designer’s procedure design authorisation must have ready access to the reference materials.
173.285 Authorised designer to keep documents and records
(1) An authorised designer must keep documents and records of the kinds specified in the Manual of Standards.
(2) A document or record must be retained for as long as the Manual of Standards specifies for the particular kind of document or record.
(3) The designer must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.
173.290 Authorised designer to have document and record control system
(1) An authorised designer must establish, and put into effect, a system for controlling documents and records relating to the activity authorised under the authorised designer’s procedure design authorisation, including the policies and procedures for making, amending, preserving and disposing those documents and records.
(2) The system must be in accordance with the standards set out in the Manual of Standards.
(3) The documents and records must include the documents and records required to be kept under this Division.
Division 173.C.3 Miscellaneous
173.295 Discontinuing design work on terminal instrument flight of a particular type
(1) If an authorised designer ceases to carry on design work on terminal instrument flight procedures of a particular type, the authorised designer must give written notice to CASA to that effect within 7 days after ceasing to carry on the design work concerned.
(2) Subregulation (1) does not apply if, having regard to the authorised designer’s circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable.
173.300 Discontinuing maintenance of terminal instrument flight procedures
(1) If an authorised designer ceases to be responsible for the maintenance of a terminal instrument flight procedure, the authorised designer must give written notice to CASA to that effect within 7 days after ceasing to have that responsibility.
(2) Subregulation (1) does not apply if, having regard to the authorised designer’s circumstances, it is not reasonably practicable for the designer to give CASA at least 7 days notice and the notice is given as soon as is reasonably practicable.
173.305 Transfer of maintenance responsibility
(1) An authorised designer may transfer the designer’s responsibility for maintaining a terminal instrument flight procedure under regulation 173.270:
(a) to a certified designer whose procedure design certificate authorises that designer to design terminal instrument flight procedures of the same type as the procedure concerned; or
(b) to another authorised designer whose procedure design authorisation authorises that designer to design such a terminal instrument flight procedure.
(2) If a certified designer or an authorised designer accepts responsibility for the maintenance of a terminal instrument flight procedure under this regulation, the designer:
(a) must give written notice to the transferor to that effect; and
(b) must give written notice of the transfer to CASA within 14 days after the transfer.
(3) A transfer takes effect on the day when the certified designer or authorised designer accepting responsibility for maintaining the procedure gives notice to the transferor under subregulation (2) or, if a later day is specified in the notice, on the later day.
(4) If an authorised designer transfers the designer’s responsibility for maintaining a terminal instrument flight procedure, the designer must give written notice of the transfer to CASA within 14 days after the transfer.
Subpart 173.D Performance of design work
173.310 Certified designer not to exceed the limitations of the designer’s procedure design certificate
A certified designer must not carry on design work on a terminal instrument flight procedure that is not of a type covered by the designer’s procedure design certificate.
173.315 Authorised designer not to exceed the limitations of authorisation
A authorised designer must not carry on an activity mentioned in paragraph 173.030 (b) (i) or (ii) unless that activity is authorised by the designer’s procedure design authorisation.
Subpart 173.E Administration
Note This Subpart is an interim measure while a separate Part of these Regulations dealing with regulatory administrative procedures is being developed.
Division 173.E.1 Application for, and grant of, procedure design certificates and procedure design authorisations and related matters
173.320 Request for information
(1) If CASA reasonably needs more information or another document to allow it to consider an application under this Part, CASA may, by written notice, ask the applicant to give to it the information, document or a copy of the document, specified in the notice.
(2) If CASA asks for more information, a document, or a copy of a document, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information, document or copy.
173.325 Other things CASA can ask applicant to do — interview
(1) CASA may, by written notice, ask an individual who is an applicant under this Part to attend an interview at a reasonable place and time specified in the notice.
(2) In the case of an applicant that is a body corporate, CASA may, by written notice, ask the applicant, in writing, to have a specified officer or specified officers of the applicant attend an interview at a reasonable place and time specified in the notice.
(3) CASA must give to the applicant a copy of the record of any interview conducted under subregulation (1) or (2).
(4) If CASA makes a request under subregulation (1) or (2), CASA need not begin to consider, or may stop considering, the application until the applicant complies with the notice.
173.330 CASA may require demonstrations of equipment etc
(1) CASA may, by written notice, ask an applicant under this Part:
(a) to give a practical demonstration of the ability of the applicant to carry on the design work sought under the application; or
(b) to demonstrate the operation of any facility or equipment to be used in the course of carrying on that work; or
(c) to allow CASA to inspect the relevant facility or equipment (whether or not it is operating).
(2) If CASA asks an applicant to allow CASA to inspect any relevant facility or equipment or asks an applicant to conduct a demonstration under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant allows the inspection or conducts the demonstration.
173.335 Grant of procedure design certificate or procedure design authorisation
(1) Subject to regulation 173.340 and section 30A of the Act, if an applicant has applied for the grant of a procedure design certificate or procedure design authorisation in accordance with this Part, CASA must grant the certificate or the authorisation, if:
(a) the applicant meets the criteria specified in this Part for the grant of the certificate or authorisation; and
(b) any other requirements in relation to the applicant specified in these Regulations are satisfied; and
(c) no provision of these Regulations forbids CASA to grant the certificate or authorisation, or makes the applicant ineligible for the certificate or authorisation; and
(d) granting the certificate or authorisation would not be likely to have an adverse effect on the safety of air navigation.
(2) CASA may grant a procedure design certificate or procedure design authorisation in respect of only some of the matters sought in the application.
173.340 Material that CASA may or must take into account
(1) In deciding whether granting a procedure design certificate or procedure design authorisation would be likely to have an adverse effect on the safety of air navigation, CASA may take into account the following:
(a) the individual’s record of compliance with regulatory requirements (in Australia or elsewhere) relating to aviation safety and other transport safety;
(b) the experience of the individual in aviation;
(c) the individual’s knowledge of the regulatory requirements applicable to civil aviation in Australia;
(d) any evidence held by CASA that the individual has contravened:
(i) the Act or these Regulations; or
(ii) a law of another country relating to aviation safety; or
(iii) another law (of Australia or of another country) relating to transport safety.
Note Section 30A of the Act allows the Court to make an order excluding a person from a particular aviation activity. Such an order may have the effect of precluding the approval or acceptance of an appointment while the order is in force.
(2) For the application of subregulation (1) in relation to an applicant that is a body corporate, references to the applicant include each of the officers (other than employees) of the applicant.
(3) In making a decision on an application, CASA may take into account:
(a) anything in the application or in any other document submitted by the applicant; and
(b) the record of any interview under this Subpart; and
(c) anything else in its records about the applicant; and
(d) the results of any demonstration or inspection under this Subpart.
(4) However, before taking into account anything in its records about an applicant, CASA must:
(a) tell the applicant, in writing, that it intends to do so, and the substance of what CASA intends to take into account; and
(b) invite the applicant, in writing, to make a written submission about the matter within a specified reasonable time.
(5) If the applicant makes a written submission within the specified time, CASA must take the submission into account.
(6) In deciding whether to grant a procedure design certificate or a procedure design authorisation to an applicant who was previously a certified designer or an authorised designer and whose certification or authorisation was cancelled under this Subpart, CASA must take into account:
(a) the fact of the cancellation; and
(b) the reasons for the cancellation given at the time of the cancellation; and
(c) any information that the applicant submits to show that the applicant could now properly design terminal instrument flight procedures of the type or types to be covered by the certificate or authorisation.
(7) However, in making a decision in relation to an applicant referred to in subregulation (6), CASA is not obliged to reconsider, or inquire into the circumstances of, the cancellation.
173.345 CASA may grant certificate or authorisation subject to conditions
(1) CASA may grant a procedure design certificate or procedure design authorisation subject to any condition that CASA considers necessary to impose in the interests of the safety of air navigation.
(2) In particular, CASA may grant a procedure design certificate or procedure design authorisation subject to a condition requiring its holder to permit an authorised inspector (within the meaning given by Division 173.E.5) to exercise the powers of an authorised inspector under that Division in relation to the certificate or authorisation.
(3) However, such a condition is not taken to require the holder to permit the exercise of those powers:
(a) unless the inspector first shows his or her identity card to the holder, or another person on behalf of the holder, if asked to do so by the holder or other person; or
(b) at a time other than during normal business hours.
(4) Such a condition is not taken to authorise the inspector to use force to any extent in exercising those powers.
173.350 When decision must be made
(1) If CASA does not make a decision about an application under this Part within 6 months after receiving it, CASA is taken to have refused the application.
(2) However, if CASA makes a request under regulation 173.320, 173.325 or 173.330, the time between when CASA makes the request, and when the applicant conducts the demonstration, attends the interview, or gives CASA the information or copy requested, does not count towards the period.
(3) Also, if CASA invites an applicant to make a written submission under subregulation 173.340 (4), the time between when CASA gives the invitation and when the applicant makes the submission does not count towards the period.
173.355 Notice of decision
(1) After making a decision on an application under this Part, CASA must notify the applicant in writing, as soon as practicable:
(a) of the decision; and
(b) if the decision was to refuse the application, or to grant the relevant procedure design certificate or procedure design authorisation subject to a condition not sought by the applicant — of the reasons for the decision.
(2) If CASA grants to an applicant a procedure design certificate, subregulation (1) does not require CASA to send to the applicant a separate notice of its decision.
Note Most decisions in relation to certificates and authorisations are reviewable by the Administrative Appeals Tribunal. See section 31 of the Act and regulation 201.004.
173.360 Return of certificate if procedure design certificate cancelled
(1) A person who ceases to be a certified designer must return any procedure design certificate or replacement certificate issued to the person under this Subpart within 14 days after ceasing to be a certified designer.
Penalty: 1 penalty unit.
(2) An offence against subregulation (1) is an offence of strict liability.
Division 173.E.2 Variation of procedure design certificates and procedure design authorisations
173.365 Applicability of this Division
This Division applies in relation to variation of a procedure design certificate or procedure design authorisation (including imposing, removing or varying a condition applicable to the certificate or authorisation).
173.370 Application for variation
(1) Subpart 173.B and Division 173.E.1 apply in relation to an application to vary a certified designer’s procedure design certificate except that the designer need give to CASA information, or a document, that the designer has already given to CASA only if the information or document has changed since it was last given to CASA.
(2) Subpart 173.C and Division 173.E.1 apply in relation to an application to vary an authorised designer’s procedure design authorisation except that the designer need give to CASA information, or a document, that the designer has already given to CASA only if the information or document has changed since it was last given to CASA.
Division 173.E.3 Directions to amend certified designer’s or authorised designer’s operations manual
173.375 CASA may direct amendments to designer’s operations manual
(1) If necessary in the interests of the safety of air navigation, CASA may, in writing, direct a certified designer or an authorised designer, within a reasonable period specified in the direction, to amend the designer’s operations manual by:
(a) including in the manual the information or other things set out or described in the direction; or
(b) altering the information or other things in the manual in the manner set out in the direction.
(2) CASA may extend the period by written notice, before or after the end of the period referred to in subregulation (1).
Division 173.E.4 Suspension and cancellation of procedure design certificates and procedure design authorisations
173.380 Suspension or cancellation of procedure design certificate or procedure design authorisation by CASA
(1) CASA may, by written notice given to a certified designer or authorised designer, suspend or cancel the designer’s procedure design certificate or procedure design authorisation if there are reasonable grounds for believing that the designer:
(a) has breached a condition of the certificate or authorisation; or
(b) has contravened a provision of this Part; or
(c) does not meet, or continue to meet, a requirement of this Part for getting or holding the certificate or authorisation; or
(d) has otherwise been guilty of conduct that renders the designer’s continued holding of the certificate or authorisation likely to have an adverse effect on the safety of air navigation.
(2) Before suspending or cancelling a certified designer’s procedure design certificate or an authorised designer’s procedure design authorisation, CASA:
(a) must give written notice to the designer of the facts or circumstances that, in the opinion of CASA, amount to grounds for the suspension or cancellation of the certificate; and
(b) must invite the designer to show cause in writing, within 30 days after the date of the notice, why the certificate or authorisation should not be suspended or cancelled; and
(c) must take into account any written representations made, within the time allowed under paragraph (b), by or on behalf of the designer explaining why the certificate should not be cancelled.
Note Most decisions in relation to certificates and authorisations are reviewable by the Administrative Appeals Tribunal. See section 31 of the Act and regulation 201.4.
173.385 Cancellation at request of certified designer or authorised designer
(1) Despite anything else in this Part, CASA must cancel a certified designer’s procedure design certificate or an authorised designer’s procedure design authorisation if asked to do so, in writing, by the designer.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.
Division 173.E.5 Authorised inspectors
173.390 CASA may appoint authorised inspectors
(1) The Director may, in writing, appoint an officer of CASA as an authorised inspector.
(2) The instrument of appointment may:
(a) describe the premises and activities in relation to which the inspector may use his or her powers under regulation 173.400; and
(b) specify the duration of the appointment; and
(c) specify that the appointment is subject to 1 or more conditions.
173.395 Identity card
(1) CASA must issue each authorised inspector with an identity card that includes a recent photograph of the inspector.
(2) No more than 7 days after ceasing to be an authorised inspector, a person must return his or her identity card to CASA.
Penalty: 1 penalty unit.
(3) An offence against subregulation (2) is an offence of strict liability.
173.400 Powers of authorised inspector
(1) The powers that an authorised inspector may exercise are the powers to do any or all of the following:
(a) enter and inspect premises connected with, or used for the purposes of, design work that is carried on by, or for, a certified designer or authorised designer or where any documents or records relating to that work are kept;
(b) observe the practices and procedures of the certified designer or authorised designer (including the designer’s employees) in carrying on design work under designer’s procedure design certificate or procedure design authorisation;
(c) inspect the designer’s facilities used for, or in relation to, that work;
(d) inspect and test any systems and equipment used for, or in relation to, that work;
(e) inspect any documents or records maintained, or required to be kept under this Part, by the designer in relation to that work;
(f) make a copy of any document or record that the authorised designer inspects.
(2) However, an authorised inspector may exercise his or her powers only:
(a) at premises connected with, or used for the purposes of, design work that is carried on by, or for, a certified designer or authorised designer or where any documents or records relating to that work are kept; and
(b) with the permission of the certified designer or authorised designer; and
(c) if the designer, or a person on behalf of the designer, so requests — after the designer or person has been shown the inspector’s identity card; and
(d) during normal business hours; and
(e) to ensure that design work is being carried on in accordance with these Regulations.
(3) The cost of any copying carried out for the purposes of paragraph (1) (f) must be met by CASA.
Part 200 Aircraft to which CASR do not apply
Note This Part is made up as follows:
Subpart 200.B Exemption from Regulations
200.001 Hang gliders
200.002 Privately built single‑place ultralight aeroplanes
200.003 Gyroplanes having an empty weight not in excess of 250 kilograms
200.004 Two‑place gyroplanes and single‑place gyroplanes certificated as light sport aircraft
200.005 Parasails and gyrogliders
200.008 Defence Force aircraft operated by civilian flight crew
200.010 Military aircraft undergoing production or acceptance flight testing
200.013 Weight‑shift‑controlled aeroplanes and powered parachutes
200.014 Certain ultralight aeroplanes
Subpart 200.C Authorisation to fly
200.020 Authorised flight without certificate of airworthiness
Subpart 200.B Exemption from Regulations
200.001 Hang gliders
(1) A hang glider used:
(a) solely in private operations and only for recreational purposes; or
(b) for flying training for the issue of a pilot certificate;
is exempt from CASR if the conditions in subsection 95.8 (4) of the Civil Aviation Orders, as in force from time to time, are complied with.
(2) In this regulation:
empty weight, for a hang glider, means the weight of the hang glider in its airborne configuration, including all fittings and equipment but excluding recovery or personnel parachutes.
hang glider means a glider, or a powered paraglider, with an empty weight not over 70 kilograms.
powered paraglider means an aircraft without rigid wings that:
(a) is launched by its pilot’s feet; and
(b) is powered by a power unit worn on its pilot’s back.
200.002 Privately built single‑place ultralight aeroplanes
(1) This regulation applies to a privately built single‑place aeroplane if it:
(a) is registered with the RAA; and
(b) has a take‑off weight not over 300 kilograms; and
(c) for an aeroplane that first became registered with the RAA on or after 1 March 1990:
(i) has a wing loading not over 30 kilograms per square metre at maximum all‑up weight; and
(ii) if it is owned by a person who is not its builder — has been certificated by the RAA as meeting the requirements set out in the RAA Technical Manual.
(2) The aeroplane is exempt from CASR if the conditions in section 95.10 of the Civil Aviation Orders, as in force from time to time, are complied with.
(3) In this regulation:
RAA means Recreational Aviation Australia Inc.
RAA Technical Manual means the manual prepared by RAA and approved by CASA, as in force from time to time, that contains:
(a) airworthiness, design and maintenance standards; and
(b) aeronautical practices, test procedures and processes.
take‑off weight, for an aeroplane, means the aeroplane’s total weight when it starts to taxi before taking‑off, including the weight of the pilot and of fuel, oil, recovery and personnel parachutes, flotation equipment, items of optional equipment, tools and baggage.
200.003 Gyroplanes having an empty weight not in excess of 250 kilograms
An aircraft to which Civil Aviation Order 95.12, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied.
200.004 Two‑place gyroplanes and single‑place gyroplanes certificated as light sport aircraft
An aircraft to which Civil Aviation Order 95.12.1, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied.
200.005 Parasails and gyrogliders
(1) A parasail or gyroglider is exempt from CASR if the conditions in subsection 95.14 (4) of the Civil Aviation Orders, as in force from time to time, are complied with.
(2) In this regulation:
gyroglider means a non‑power‑driven heavier‑than‑air aircraft supported in flight by the reaction of the air on 1 or more rotors that rotate freely on substantially vertical axes.
parasail means a parachute tethered to a point or vehicle on the ground or to a watercraft and deriving lift chiefly from aerodynamic reactions on flexible surfaces remaining fixed under given conditions of flight.
200.008 Defence Force aircraft operated by civilian flight crew
(1) This regulation applies to a Defence Force aircraft that is being flown and operated by persons, other than members of the Defence Force, who hold commercial or higher category licences, and that is engaged in:
(a) flight testing; or
(b) search and rescue; or
(c) support of aircraft development and flight test programs; or
(d) any other activity authorised by the Defence Force.
(2) The aircraft is exempt from CASR if the conditions in subsection 95.20 (4) of the Civil Aviation Orders, as in force from time to time, are complied with.
(3) In this regulation:
flight testing, of an aircraft, means flying performed on behalf of the contractor or Defence Force to establish that the aircraft meets all the requirements of the contractor or Defence Force after manufacture or major servicing and inspection.
200.010 Military aircraft undergoing production or acceptance flight testing
(1) A military aircraft that is undergoing production flight testing or acceptance flight testing is exempt from CAR, and from CASR (other than this regulation), if the conditions (if any) set out in the relevant section of Part 95 of the Civil Aviation Orders (as in force from time to time) are complied with.
(2) In this regulation:
acceptance flight testing of a military aircraft means flight testing on behalf of the Defence Force to find out whether the aircraft meets the Force’s requirements.
production flight testing of a military aircraft means flight testing on behalf of a contractor to find out whether the aircraft meets the contractor’s requirements.
relevant section of Part 95 of the Civil Aviation Orders, in relation to a military aircraft of a particular type, means the section of that Part that applies to aircraft of that type.
200.013 Weight‑shift‑controlled aeroplanes and powered parachutes
An aeroplane to which Civil Aviation Order 95.32, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied.
200.014 Certain ultralight aeroplanes
An aeroplane to which Civil Aviation Order 95.55, as in force from time to time, applies is exempt from CASR if the conditions in that Order are satisfied.
Subpart 200.C Authorisation to fly
200.020 Authorised flight without certificate of airworthiness
For paragraph 20AA (3) (b) of the Act, an Australian aircraft that is exempt from CASR is authorised to fly without a certificate of airworthiness.
Part 201 Miscellaneous
Note This Part is made up as follows:
201.001 Appointment of authorised persons
201.003 Commonwealth and CASA not liable in certain cases
201.004 Review of decisions
201.005 Notice of change of name or trading name
201.010 Notice of change of nationality
201.015 Notice of change of address etc
201.016 Disclosure of personal information
201.020 Service of documents
201.001 Appointment of authorised persons
(1) CASA may appoint a person, or the persons included in a class of persons, to be an authorised person for CASR or a particular provision of CASR.
(2) CASA may appoint a person only if CASA is satisfied that the person has the qualifications and experience to be an authorised person.
(3) CASA may appoint a class of persons only if CASA is satisfied that each person included in the class has the qualifications and experience to be an authorised person.
(4) An appointment may be made subject to conditions stated in the instrument of appointment.
201.003 Commonwealth and CASA not liable in certain cases
Neither the Commonwealth nor CASA is liable in negligence or otherwise for any loss or damage incurred by anyone because of, or arising out of, the design, construction, restoration, repair, maintenance or operation of a limited category aircraft or an experimental aircraft, or any act or omission of CASA done or made in good faith in relation to any of those things.
201.004 Review of decisions
An application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision refusing to issue, or cancelling, suspending or varying, an approval, authorisation, authority, certificate or permit issued under CASR; or
(b) a decision imposing a condition on an approval, authorisation, authority, certificate or permit; or
(c) a decision under regulation 21.043 not to consider an application; or
(d) a decision refusing to grant a request made under subregulation 39.004 (1) for an instrument of approval or exclusion under subregulation 39.004 (2); or
(da) a decision refusing to grant a request made under regulation 39.006; or
(e) a decision under regulation 21.855 to refuse approval to remove or alter information on a critical part; or
(f) a decision under regulation 21.870 that it is impractical to mark information on a part; or
(g) a decision under subregulation 45.090 (1) to refuse approval to place a design, mark or symbol on an aircraft; or
(h) a decision under subregulation 45.105 (2) directing where to place an aircraft’s markings, or refusing to give such a direction; or
(i) a decision under subregulation 45.150 (3) directing where to place an aircraft’s aircraft registration identification plate, or refusing to give such a direction; or
(j) a decision under regulation 45.155 refusing approval to remove an aircraft’s aircraft registration identification plate, or remove or alter a marking on such a plate; or
(k) a decision to cancel the registration of an aircraft; and
(l) a decision under regulation 47.175 to assign fewer dealer’s marks to a dealer than were applied for; and
(m) a decision under Subpart 67.C:
(i) to refuse to appoint a person as a DAME or DAO; or
(ii) to impose a condition, restriction or limitation on the appointment of a person as a DAME under paragraph 67.060 (4) (a); or
(iii) to impose a condition, restriction or limitation on the appointment of a person as a DAO under paragraph 67.080 (5) (a); or
(iv) to cancel, for a reason mentioned in subregulation 67.095 (1), the appointment of a person as a DAME or DAO; or
(ma) a decision under regulation 90.010 refusing to exclude an aircraft or aeronautical product from the operation of a provision of Part 90; or
(n) a decision under regulation 92.155 to refuse to exclude a person or class of persons from the obligation to comply with the requirements mentioned in that regulation, or to grant such an exclusion subject to a condition; or
(na) a decision under subregulation 137.040 (1) to refuse to approve a standard operations manual; or
(nb) a decision under subregulation 137.045 (6) to refuse to accept:
(i) an application for an AOC submitted later than required under subregulation 137.045 (1); or
(ii) a manual or schedule of differences that is submitted later than required under subregulation 137.045 (4); or
(iii) an application for the variation of an AOC submitted later than required under subregulation 137.045 (5); or
(nc) a decision under subregulation 137.050 (1) to refuse to approve an application for an AOC or a variation of an AOC; or
(nd) a decision under subregulation 137.080 (3) to refuse to approve a proposed amendment to an operations manual; or
(ne) a decision under subregulation 137.085 (3) to refuse to approve a proposed amendment to a standard operations manual; or
(nf) a decision under subregulation 137.090 (3) to refuse to approve a proposed amendment to a schedule of differences.
(o) a decision under regulation 139.020 not to grant an exemption under that regulation; or
(p) a direction given by CASA under regulation 139.145; or
(q) a decision under Subpart 139.C refusing to register, or suspending or cancelling the registration of, an aerodrome.
Note Section 27A of the Administrative Appeals Tribunal Act 1975 requires a person who makes a reviewable decision to give a person whose interests are affected by the decision notice of the making of the decision and of the person’s right to have the notice reviewed.
201.005 Notice of change of name or trading name
(1) In this regulation:
authorisation has the same meaning as in Part 11.
(2) A person is guilty of an offence if the person:
(a) is the holder of an authorisation; and
(b) changes his, her or its name; and
(c) does not tell CASA in writing of the change within 14 days.
Penalty: 5 penalty units.
Note Giving notice of a change of name is also a condition of the authorisation — see regulation 11.070.
(3) A person is guilty of an offence if the person:
(a) is the holder of an authorisation; and
(b) uses the authorisation in connection with an aviation‑related activity of a business; and
(c) carries on the business under a name that is registered as a trading or business name under the law of a State or Territory; and
(d) changes that name, ceases to use that name, or begins to use another name; and
(e) does not tell CASA in writing of the change within 14 days.
Penalty: 5 penalty units.
(4) Strict liability applies to paragraphs (2) (c) and (3) (e).
201.010 Notice of change of nationality
(1) In this regulation:
authorisation has the same meaning as in Part 11.
(2) A person is guilty of an offence if the person:
(a) is the holder of an authorisation on which is noted his or her nationality; and
(b) changes his or her nationality; and
(c) does not tell CASA in writing of the change within 14 days.
Penalty: 5 penalty units.
Note Giving notice of a change of nationality is also a condition of the authorisation — see regulation 11.070.
(3) Strict liability applies to paragraph (2) (c).
201.015 Notice of change of address etc
(1) In this regulation:
authorisation has the same meaning as in Part 11.
(2) A person is guilty of an offence if:
(a) the person is the holder of an authorisation; and
(b) the person changes:
(i) in the case of a holder who is an individual — his or her residential address; or
(ii) in the case of a holder that is a corporation — the address of its registered office; or
(iii) if the holder has told CASA of an address to which notices may be sent — that address; and
(c) the person does not tell CASA in writing of the change within 14 days.
Penalty: 5 penalty units.
Note Giving notice of a change of address is also a condition of the authorisation — see regulation 11.070.
(3) A person is guilty of an offence if:
(a) the person is the holder of an authorisation; and
(b) the person uses the authorisation in connection with an aviation‑related activity of a business; and
(c) the person changes:
(i) in the case of a holder that is a corporation — the address of its registered office; or
(ii) his or her place of business; and
(d) the person does not tell CASA in writing of the change within 7 days.
Penalty: 5 penalty units.
Note Giving notice of a change of address is also a condition of the authorisation — see regulation 11.070.
(4) Strict liability applies to paragraphs (2) (c) and (3) (d).
201.016 Disclosure of personal information
(1) CASA may, in the circumstances set out in this regulation, disclose personal information (within the meaning given by the Privacy Act 1988) that is in CASA’s possession or under its control.
(2) The information is the following about an individual who holds a civil aviation authorisation:
(a) the person’s name;
(b) the person’s ARN (if any);
(c) the person’s address;
(d) the person’s telephone number;
(e) details of each civil aviation authorisation and any medical certificate that the person holds.
(3) If it is necessary for the safety of air navigation, CASA may disclose the information mentioned in any paragraph of subregulation (2) to:
(a) a person providing an air traffic service (within the meaning given in Part 172) in Australian territory; or
(b) a person carrying out search and rescue operations in Australian territory.
201.020 Service of documents
Service may be effected on CASA at its principal office at:
CASA Building
Corner Northbourne Avenue and Barry Drive
Canberra City, Australian Capital Territory.
Part 202 Transitional
Note This Part is made up as follows:
Subpart 202.AB Transitional provisions for Part 1 (Preliminary)
Subpart 202.AD Transitional provisions for Part 11 (Regulatory administrative procedures)
202.010 Continuation of certain existing delegations
202.011 Continuation of certain exemptions
202.012 Consultation on certain Manuals of Standards
Subpart 202.AF Transitional provisions for Part 13 (Enforcement)
Subpart 202.AJ Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)
202.050 Certificates of type approval
202.051 Certificates of airworthiness
202.052 Export certificate of airworthiness
Subpart 202.AK Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)
202.060 Approvals under airworthiness instruments in force before 1 July 2009
Subpart 202.AL Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)
202.070 Approvals under airworthiness instruments in force before 1 July 2009
Subpart 202.AN Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)
202.090 Approvals under airworthiness instruments in force before 1 July 2009
Subpart 202.AO Transitional provisions for Part 26 (Airworthiness standards for aircraft in the primary category or intermediate category)
Subpart 202.AP Transitional provisions for Part 27 (Airworthiness standards for rotorcraft in the normal category)
Subpart 202.AR Transitional provisions for Part 29 (Airworthiness standards for rotorcraft in the transport category)
Subpart 202.AT Transitional provisions for Part 31 (Airworthiness standards for manned free balloons)
Subpart 202.AU Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)
202.140 Approvals under airworthiness instruments in force before 1 July 2009
Subpart 202.AV Transitional provisions for Part 33 (Airworthiness standards for aircraft engines)
Subpart 202.AX Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers)
Subpart 202.AZ Transitional provisions for Part 39 (Airworthiness directives)
202.170 Airworthiness directives
202.171 Application for exemption from, or variation of, requirement of airworthiness directive
202.172 Exemption from requirement of airworthiness directive
Subpart 202.BB Transitional provisions for Part 43 (Maintainers’ responsibilities)
Subpart 202.BD Transitional provisions for Part 45 (Display of nationality and registration marks)
202.200 Australian aircraft marked in accordance with CAR
Subpart 202.BF Transitional provisions for Part 47 (Registration of aircraft and related matters)
202.220 Definitions for Subpart 202.BF
202.221 Continuation of Aircraft Register
202.222 Reference to holder of a certificate of registration
202.223 Registration under CAR to continue
202.224 Pending applications or notices
202.225 Application to register aircraft under Part 47
Subpart 202.CA Transitional provisions for Part 60 (Synthetic training devices)
202.240 Definitions for this Subpart
202.241 Transitional accreditation — flight simulators
Subpart 202.CB Transitional provisions for Part 61 (Pilot licensing)
Subpart 202.CD Transitional provisions for Part 63 (Flight crew licensing other than pilots)
Subpart 202.CE Transitional provisions for Part 64 (Ground authorisations)
Subpart 202.CF Transitional provisions for Part 65 (Air traffic services licensing)
202.320 Manual of Standards for Part 65
202.321 Persons holding certain licences
Subpart 202.CG Transitional provisions for Part 66 (Maintenance personnel licensing)
Subpart 202.CH Transitional provisions for Part 67 (Medical)
202.360 Medical certificates issued under Civil Aviation Regulations 1988
202.361 Designated aviation medical examiners appointed under Civil Aviation Regulations 1988
202.362 Actions by Director of Aviation Medicine
202.363 Applications for issue of medical certificates pending on 3 September 2003
Subpart 202.DA Transitional provisions for Part 71 (Airspace)
Subpart 202.EA Transitional provisions for Part 90 (Additional airworthiness requirements)
Subpart 202.EB Transitional provisions for Part 91 (General operating and flight rules)
Subpart 202.EC Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)
202.440 Approval of certain training courses and instructors
Subpart 202.FA Transitional provisions for Part 101 (Unmanned aircraft and rocket)
202.460 Authorisations, permissions and approvals in force immediately before 1 July 2002
Subpart 202.FC Transitional provisions for Part 103 (Sport and recreational aviation operations)
Subpart 202.FE Transitional provisions for Part 105 (Sport and recreational parachuting from aircraft)
Subpart 202.FJ Transitional provisions for Part 115 (Operations using sport aviation aircraft for non‑recreational activities)
Subpart 202.FL Transitional provisions for Part 119 (Air operator certification — air transport)
Subpart 202.FN Transitional provisions for Part 121A (Air transport operations — large aeroplanes)
Subpart 202.FO Transitional provisions for Part 121B (Air transport operations — small aeroplanes)
Subpart 202.FR Transitional provisions for Part 129 (Air operator certification — foreign operators)
Subpart 202.FT Transitional provisions for Part 133 (Air transport and aerial work operations — rotorcraft)
Subpart 202.FV Transitional provisions for Part 136 (Aerial work operations — other than those covered by Parts 133, 137, 138, 141 and 142)
Subpart 202.FW Transitional provisions for Part 137 (Aerial agriculture operations — other than rotorcraft)
Subpart 202.FX Transitional provisions for Part 138 (Search and rescue operations
Subpart 202.FY Transitional provisions for Part 139 (Aerodromes)
202.700 Definitions for this Subpart
202.701 Aerodrome licences issued under CAR
202.702 Conditions of transitional aerodrome licences
202.703 Duration of transitional aerodrome licences
202.704 Previous aerodrome manuals and standards for aerodromes
202.705 Exemptions
Subpart 202.FYH Transitional provisions for Subpart 139.H
(Aerodrome rescue and fire fighting services)
202.710 Manual of Standards for Subpart 139.H
Subpart 202.GA Transitional provisions for Part 141 (Flight training organisations)
Subpart 202.GB Transitional provisions for Part 142 (Training and checking organisations)
Subpart 202.GC Transitional provisions for Part 143 (Air traffic services training providers)
202.760 Manual of Standards for Part 143
Subpart 202.GD Transitional provisions for Part 144 (Product distribution organisations)
Subpart 202.GE Transitional provisions for Part 145 (Maintenance organisations)
Subpart 202.GF Transitional provisions for Part 146 (Design approval organisations)
Subpart 202.GG Transitional provisions for Part 147 (Maintenance training organisations)
Subpart 202.GI Transitional provisions for Part 149 (Recreational aviation administration organisations)
Subpart 202.HA Transitional provisions for Part 171 (Aeronautical telecommunication service and radionavigation service providers)
202.880 Manual of Standards for Part 171
Subpart 202.HB Transitional provisions for Part 172 (Air traffic service providers)
202.900 Manual of Standards for Part 172
Subpart 202.HC Transitional provisions for Part 173 (Instrument flight procedure design)
Subpart 202.HD Transitional provisions for Part 174 (Aviation meteorological services)
Subpart 202.HJ Transitional provisions for Part 183 (Authorised representatives)
Subpart 202.HL Transitional provisions for Part 200 (Exemptions)
Subpart 202.HM Transitional provisions for Part 201 (Miscellaneous)
Subpart 202.AB Transitional provisions for Part 1 (Preliminary)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.010 to 202.019 are reserved for use in this Subpart.
Subpart 202.AD Transitional provisions for Part 11 (Regulatory administrative procedures)
202.010 Continuation of certain existing delegations
(1) Despite any amendment of regulation 7 of CAR that has the effect of preventing any delegation under it of a power or function under CASR, a delegation, under that regulation, of such a power or function continues to have effect according to its terms (including any condition imposed on such a delegation).
(2) Despite any repeal of regulation 201.002, a delegation made under that regulation continues to have effect according to its terms (including any condition imposed on such a delegation).
(3) A delegation referred to in subregulation (1) or (2) continues to be subject to any direction given by the Director under subregulation 7 (3) of CAR, or subregulation 201.002 (3), as the case may be.
(4) Subregulation (1) does not prevent the revocation of a delegation referred to in that subregulation.
(5) Subregulation (2) does not prevent the revocation of a delegation referred to in that subregulation.
202.011 Continuation of certain exemptions
(1) Despite anything in Subpart 11.F, an exemption from compliance with a provision of CASR issued under regulation 308 of CAR continues to have effect according to its terms.
(2) Such an exemption may be revoked under regulation 308 as if that regulation continued to permit it to be made.
202.012 Consultation on certain Manuals of Standards
(1) In this regulation:
MOS has the same meaning as in Subpart 11.J.
(2) If before this regulation commenced CASA had undertaken consultation on a MOS, being consultation that would have satisfied the requirements of Subpart 11.J if that Subpart had been in force, that Subpart does not require CASA to repeat that consultation.
Subpart 202.AF Transitional provisions for Part 13 (Enforcement)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.030 to 202.049 are reserved for use in this Subpart.
Subpart 202.AJ Transitional provisions for Part 21 (Certification and airworthiness requirements for aircraft and parts)
202.050 Certificates of type approval
(1) A certificate of type approval for an aircraft, or an aircraft engine or a propeller, that was, immediately before 1 October 1998, in force under regulation 22 of CAR 1988 as then in force continues in force on and after that date as if it were a type certificate issued under regulation 21.013A or 21.029.
(2) A certificate of type approval for an aircraft that was, immediately before 1 October 1998, in force under regulation 22A of CAR 1988 as then in force continues in force on and after that date as if it were a type acceptance certificate issued under regulation 21.029A.
(3) A certificate of type approval continued in force under this regulation remains subject to any condition to which it was subject immediately before 1 October 1998.
202.051 Certificates of airworthiness
(1) A certificate of airworthiness that was, immediately before 1 October 1998, in force under regulation 24 of CAR 1988 as then in force continues in force on and after that date as if it were a certificate of airworthiness issued under regulation 21.176.
(2) A certificate of airworthiness continued in force under subregulation (1) remains subject to any condition to which it was subject immediately before 1 October 1998.
(3) Subject to Division 7 of Part 4A of CAR 1988, a direction that was, immediately before 1 October 1998, in force under paragraph 25 (1) (b) of CAR 1988 as then in force continues in force on and after that date according to its terms.
202.052 Export certificate of airworthiness
An export certificate of airworthiness that was, immediately before 1 October 1998, in force under regulation 28 of CAR 1988 as then in force continues in force on and after that date as if it were an export airworthiness approval issued under regulation 21.324.
Subpart 202.AK Transitional provisions for Part 22 (Airworthiness standards for sailplanes and powered sailplanes)
202.060 Approvals under airworthiness instruments in force before 1 July 2009
(1) Despite the amendments of Part 22 taking effect on 1 July 2009:
(a) an approval that:
(i) was given by CASA under a repealed provision; and
(ii) was in effect immediately before 1 July 2009;
has effect on and after 1 July 2009 as if those amendments had not been made; and
(b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.
(2) In this regulation:
repealed provision means regulation 22.006, 22.007, 22.008 or 22.009 as in force immediately before 1 July 2009.
Subpart 202.AL Transitional provisions for Part 23 (Airworthiness standards for aeroplanes in the normal, utility, acrobatic or commuter category)
202.070 Approvals under airworthiness instruments in force before 1 July 2009
(1) Despite the amendments of Part 23 taking effect on 1 July 2009:
(a) an approval that:
(i) was given by CASA under a repealed provision; and
(ii) was in effect immediately before 1 July 2009;
has effect on and after 1 July 2009 as if those amendments had not been made; and
(b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.
(2) In this regulation:
repealed provision means regulation 23.007 or 23.008 as in force immediately before 1 July 2009.
Subpart 202.AN Transitional provisions for Part 25 (Airworthiness standards for aeroplanes in the transport category)
202.090 Approvals under airworthiness instruments in force before 1 July 2009
(1) Despite the amendments of Part 25 taking effect on 1 July 2009:
(a) an approval that:
(i) was given by CASA under the former regulation 25.006; and
(ii) was in effect immediately before 1 July 2009;
has effect on and after 1 July 2009 as if those amendments had not been made; and
(b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.
(2) In this regulation:
the former regulation 25.006 means regulation 25.006 as in force immediately before 1 July 2009.
Subpart 202.AU Transitional provisions for Part 32 (Airworthiness standards for engines for very light aeroplanes)
202.140 Approvals under airworthiness instruments in force before 1 July 2009
(1) Despite the amendments of Part 32 taking effect on 1 July 2009:
(a) an approval that:
(i) was given by CASA under the former regulation 32.004; and
(ii) was in effect immediately before 1 July 2009;
has effect on and after 1 July 2009 as if those amendments had not been made; and
(b) CASA may suspend or cancel an approval mentioned in paragraph (a) if it is necessary in the interests of aviation safety.
(2) In this regulation:
the former regulation 32.004 means regulation 32.004 as in force immediately before 1 July 2009.
Subpart 202.AV Transitional provisions for Part 33 (Airworthiness standards for aircraft engines)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.150 to 202.159 are reserved for use in this Subpart.
Subpart 202.AX Transitional provisions for Part 35 (Airworthiness standards for aircraft propellers)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.160 to 202.169 are reserved for use in this Subpart.
Subpart 202.AZ Transitional provisions for Part 39 (Airworthiness directives)
202.170 Airworthiness directives
If an airworthiness directive issued under regulation 37A of CAR, or such an airworthiness directive as subsequently varied, had effect immediately before 1 January 2000, then, subject to these Regulations, the airworthiness directive, or the airworthiness directive as varied, continues to have effect on and after that day as if it were an airworthiness directive issued by CASA under regulation 39.001.
202.171 Application for exemption from, or variation of, requirement of airworthiness directive
If an application under regulation 42ZR of CAR for an exemption from, or a variation of, a requirement of an airworthiness directive, in so far as it relates to a particular aircraft, was still pending immediately before 1 January 2000, the application has effect as if it were a written request made by the applicant, on that day, for CASA to exclude, under regulation 39.004, the aircraft from the operation of the airworthiness directive.
202.172 Exemption from requirement of airworthiness directive
If an exemption from a requirement of an airworthiness directive granted, under regulation 42ZS of CAR, in relation to an aircraft was still in force immediately before 1 January 2000, then, subject to these Regulations, the exemption
has effect as if it were an instrument issued under regulation 39.004, on that day, excluding the aircraft from the operation of the airworthiness directive.
Subpart 202.BB Transitional provisions for Part 43 (Maintainers’ responsibilities)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.180 to 202.199 are reserved for use in this Subpart.
Subpart 202.BD Transitional provisions for Part 45 (Display of nationality and registration marks)
202.200 Australian aircraft marked in accordance with CAR
Despite Part 45, an Australian aircraft registered before 1 October 2000 need not bear markings that comply with that Part until it is repainted if, until then, the aircraft bears nationality marks and registration marks in accordance with Division 7 of Part 3 of CAR (as in force immediately before 1 October 2000).
Subpart 202.BF Transitional provisions for Part 47 (Registration of aircraft and related matters)
202.220 Definitions for Subpart 202.BF
In this Subpart:
certificate of registration means a certificate of registration issued under the old Regulations.
eligible person has the meaning given by regulation 47.010.
old Regulations means CAR as in force immediately before 15 November 2004.
Property interest has the meaning given by the old Regulations.
registered operator has the meaning given by regulation 47.100.
202.221 Continuation of Aircraft Register
(1) For Subpart 47.B, the Aircraft Register mentioned in regulation 8 of the old Regulations (the Aircraft Register) continues in existence under the name Australian Civil Aircraft Register.
(2) Entries made in the Aircraft Register under Part 3 of the old Regulations are incorporated in, and form part of, the Australian Civil Aircraft Register.
202.222 Reference to holder of a certificate of registration
(1) A reference in CAR to the holder of a certificate of registration of an aircraft is taken to be a reference to the registered operator of the aircraft.
(2) A duty imposed on the holder of a certificate of registration of an aircraft is taken to be imposed on the registered operator of the aircraft.
202.223 Registration under CAR to continue
(1) The registration of an aircraft in the Aircraft Register continues as if the old Regulations were still in force until:
(a) the day when CASA registers, or refuses to register, the aircraft under Part 47; or
(b) CASA cancels the registration.
Note After 15 November 2005, CASA may cancel or suspend the registration of an aircraft if the owner of the aircraft does not reply to a request made under subregulation 202.225 (5).
(2) However, CASA must not accept an application for a change of any details about an aircraft that are kept in the Aircraft Register, other than an application for:
(a) a change of name or address of the holder of the certificate of registration, or a property interest holder, of the aircraft; or
(b) the cancellation of the registration of the aircraft.
(3) If the registration of an aircraft is suspended under the old Regulations, the suspension continues as if the old Regulations were still in force.
202.224 Pending applications or notices
(1) This regulation applies if:
(a) before 15 November 2004, a person applied to CASA or sent CASA a notice under Part 3 of the old Regulations; and
(b) on or after 15 November 2004, CASA had not decided about the application or acted on the notice.
(2) CASA must decide about the application or act on the notice as if the old Regulations were still in force.
202.225 Application to register aircraft under Part 47
(1) The owner of an aircraft that is registered in the Aircraft Register may apply to CASA to register the aircraft under Part 47.
(2) The application must be made in an approved form and include:
(a) the aircraft’s registration mark, manufacturer, model and serial number; and
(b) the name, address and signature of the owner of the aircraft; and
(c) the registered operator’s name and postal address, and:
(i) if the registered operator is an individual — his or her home address; or
(ii) if the registered operator is a corporation — the address of the corporation’s registered office; and
(d) the name, address and signature of the person who holds the certificate of registration; and
(e) the name, address and signature of each person who holds a property interest in the aircraft.
(3) If CASA receives an application in accordance with subregulation (2), CASA must register the aircraft.
(4) However, CASA may approve an application without 1 or more of the signatures required by paragraph (2) (e), if there is other evidence available to demonstrate that the application is genuine.
(5) If, after 15 November 2005, CASA asks an applicant, or the owner of an aircraft, to provide information, or take an action, to complete an application in the approved form, the applicant, or owner, must provide the information, or take the action, within 90 days of CASA making the request.
Note Regulation 47.045 of CASR sets out relevant directions about communicating with CASA.
(6) CASA may cancel or suspend the registration of the aircraft if the applicant, or owner of the aircraft, fails to comply with subregulation (5).
Note An explanation of the procedures that apply in relation to a suspension are set out in the advisory circular AC 47‑1 which can be viewed at, or downloaded from, CASA’s website: www.casa.gov.au.
Subpart 202.CA Transitional provisions for Part 60 (Synthetic training devices)
202.240 Definitions for this Subpart
In this Subpart:
accreditation, of a flight simulator, means accreditation of the flight simulator under Part 45 of the Civil Aviation Orders for the purpose of granting an approval of the flight simulator under the old regulations, and includes an accreditation certificate issued for that purpose.
flight simulator qualification has the meaning given by regulation 60.015.
old regulations means CAR as in force immediately before 18 September 2003.
transitional accreditation, of a flight simulator, means accreditation of the flight simulator that is continued in force on and after 18 September 2003 by regulation 202.241 as if it were a flight simulator qualification.
202.241 Transitional accreditation — flight simulators
(1) The accreditation of a flight simulator that was in force immediately before 18 September 2003 at a level (the old level) specified in column 2 of an item in table 202.241 continues to be in force on and after that day, subject to subregulations (2), (3) and (4), as if it were a flight simulator qualification for the flight simulator at the level (the new level) specified in column 3 of that item.
(2) A transitional accreditation remains subject to any conditions to which it was subject immediately before 18 September 2003.
(3) A transitional accreditation continues in force until the sooner of the following:
(a) the date of expiry of the accreditation;
(b) 18 September 2004.
(4) However, a transition accreditation ceases if:
(a) it is cancelled; or
(b) there is a change of operator of the simulator or device; or
(c) the simulator or device is deactivated or relocated.
Table 202.241 Accreditation and qualification levels
Item | Old level | New level |
1 | 3 | B |
2 | 4 | C |
3 | 5 | D |
Subpart 202.CB Transitional provisions for Part 61 (Pilot licensing)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.260 to 202.279 are reserved for use in this Subpart.
Subpart 202.CD Transitional provisions for Part 63 (Flight crew licensing other than pilots)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.280 to 202.299 are reserved for use in this Subpart.
Subpart 202.CE Transitional provisions for Part 64 (Ground authorisations)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.300 to 202.319 are reserved for use in this Subpart.
Subpart 202.CF Transitional provisions for Part 65 (Air traffic services licensing)
202.320 Manual of Standards for Part 65
(1) A document called ‘Manual of Standards (MOS) – Part 65’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 65.033.
(2) The procedures in regulations 65.033A, 65.033B and 65.033C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.
202.321 Persons holding certain licences
(1) In this regulation:
old licence means an air traffic controller licence or a flight service officer licence issued under CAR and in force (or suspended) immediately before 1 May 2003.
(2) A person who, immediately before 1 May 2003, held an old licence (including a licence that is suspended) is taken to hold a corresponding licence issued under Part 65.
(3) A rating, endorsement or qualification endorsed on an old licence is taken to continue in force for the period during which it would have been in force but for that Part.
(4) A licence that a person is taken to hold under subregulation (2), or a rating, endorsement or qualification mentioned in subregulation (3), may be suspended or cancelled as if it had been granted under that Part.
(5) An old licence that, immediately before 1 May 2003, was suspended is taken, on and after that day, to continue to be suspended.
(6) For the purposes of action against the holder of an old licence mentioned in subregulation (5), the amendments of CAR by regulation 4 of, and Schedule 2 to, the Civil Aviation Amendment Regulations 2002 (No. 2) are to be disregarded.
Subpart 202.CG Transitional provisions for Part 66 (Maintenance personnel licensing)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.340 to 202.359 are reserved for use in this Subpart.
Subpart 202.CH Transitional provisions for Part 67 (Medical)
202.360 Medical certificates issued under Civil Aviation Regulations 1988
(1) A medical certificate or special medical certificate issued before 3 September 2003, under Part 6 of CAR, as in force at any time before that day, continues to have, on and after that day, the same force and effect as it would have had if that Part had continued in force.
(2) Such a certificate may be suspended or cancelled under Part 67.
(3) Subject to subregulation (4), such a certificate expires at the time it would have expired if Part 6 of CAR had continued in force.
(4) The period during which such a certificate is in force may be extended under Part 67, but not beyond the end of 1 year after the day when the certificate would expire if the period had not been extended.
202.361 Designated aviation medical examiners appointed under Civil Aviation Regulations 1988
(1) The appointment of a person, before 3 September 2003, as a designated aviation medical examiner continues to have effect according to its terms.
(2) Such an appointment may be cancelled in accordance with Part 67.
202.362 Actions by Director of Aviation Medicine
(1) In this regulation:
Principal Medical Officer means the officer of CASA occupying, or performing the duties of, the position in CASA of that title, and includes a person who occupied, or performed the duties of, the former position in CASA known as ‘Director of Aviation Medicine’.
(2) An approval given by the Principal Medical Officer, before 3 September 2003, for the purposes of a provision of Schedule 1 to CAR, as in force at any time before that day, continues to have effect according to its terms, on and after that day, as if CASA had given the approval for the purposes of the corresponding provision of table 67.150, table 67.155 or table 67.160.
202.363 Applications for issue of medical certificates pending on 3 September 2003
(1) This regulation applies if:
(a) an application under Part 6 of the old regulations for the issue of a medical certificate was pending immediately before 3 September 2003; and
(b) the application was in accordance with that Part as then in force.
(2) The application is taken, for these Regulations, to be an application for the issue of the medical certificate, made, on 3 September 2003, in accordance with Subpart 67.C.
(3) If an examination required for the issue of the medical certificate under Part 6 of the old regulations had commenced but was not completed before 3 September 2003, the examination is taken to have commenced under Subpart 67.C.
(4) In this regulation:
old regulations means CAR as in force at any time before 3 September 2003.
Subpart 202.DA Transitional provisions for Part 71 (Airspace)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.380 to 202.399 are reserved for use in this Subpart.
Subpart 202.EA Transitional provisions for Part 90 (Additional airworthiness requirements)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.400 to 202.419 are reserved for use in this Subpart.
Subpart 202.EB Transitional provisions for Part 91 (General operating and flight rules)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.420 to 202.439 are reserved for use in this Subpart.
Subpart 202.EC Transitional provisions for Part 92 (Consignment and carriage of dangerous goods by air)
202.440 Approval of certain training courses and instructors
(1) Subregulations (2) and (3) have effect if the Governor‑General has made regulations that will amend CASR to require the approval of:
(a) courses of training in relation to dangerous goods; and
(b) instructors to give such courses;
and those regulations have been notified in the Gazette but have not come into force.
(2) CASA may approve such a course of training, or such an instructor, for the purposes of CASR as so to be amended.
(3) Such an approval may be expressed to be for the purposes of a provision of CASR as so to be amended.
(4) Such an approval given before the amending regulations come into force is not, after those regulations come into force, ineffective only because it was given before those regulations came into force.
Note Other transitional provisions for Part 92 are located in regulation 92.150. That regulation is as follows:
92.150 Transitional — training undertaken before 1 January 2004
(1) A group A or B employee who has undertaken a training course in accordance with subregulation 262P (1) or 262R (1) of CAR on or after 1 January 2002 is taken, for 2 years after undertaking that training, to have undertaken training in accordance with this Subpart.
(2) A group C employee who is a flight crew member, and who has undertaken a training course in accordance with subregulation 262P (3) of CAR on or after 1 January 2002, is taken, for 2 years after undertaking that training, to have undertaken training in accordance with this Subpart.
(3) A group C employee (other than a flight crew member) who has undertaken a training course in accordance with subregulation 262P (1) or (3) of CAR on or after 1 January 2002 is taken, for 2 years after undertaking that training, to have undertaken training in accordance with this Subpart.
(4) A group D employee who is a cabin attendant, and has undertaken a training course in accordance with subregulation 262P (3) or paragraph 262P (4) (a) of CAR on or after 1 January 2002 is taken, for 2 years after undertaking that training, to have undertaken training in accordance with this Subpart.
(5) A group E employee who has undertaken a training course in accordance with subregulation 262P (2) or 262R (2) of CAR on or after 1 January 2001 is taken, for 3 years after undertaking that training, to have undertaken training in accordance with this Subpart.
(6) A screening authority employee who has undertaken a training course in accordance with paragraph 262P (4) (b) of CAR on or after 1 January 2002 is taken, for 2 years after undertaking that training, to have undertaken training in accordance with this Subpart.
(7) A group F employee who has undertaken a training course in accordance with subregulation 262P (1), regulation 262Q or subregulation 262R (1) of CAR on or after 1 July 2002 is taken, for 2 years after undertaking that training, to have undertaken training in accordance with this Subpart.
(8) This regulation ceases to have effect on 31 December 2006.
Subpart 202.FA Transitional provisions for Part 101 (Unmanned aircraft and rockets)
202.460 Authorisations, permissions and approvals in force immediately before 1 July 2002
(1) Despite the amendment of CAR by Schedule 2 to the Civil Aviation Amendment Regulations 2001 (No. 4), and despite any repeal of regulation 4 of those Regulations, an authorisation given under regulation 137 of CAR, or a permission given under regulation 259, 260 or 295 of CAR, before 1 July 2002 continues to have effect according to its terms.
(2) Such an authorisation or permission may be amended or revoked as if it were an approval given under Part 101.
(3) Despite any repeal of regulation 4 of the Civil Aviation Amendment Regulations 2001 (No. 4), an approval given by CASA, before 1 July 2002, of an area as an area for the operation or launching of unmanned aircraft or rockets continues to have effect according to its terms.
(4) An approval referred to in subregulation (3) may be revoked or amended as if it had been given under Part 101.
Subpart 202.FY Transitional provisions for Part 139 (Aerodromes)
202.700 Definitions for this Subpart
In this Subpart:
old regulations means CAR as in force immediately before 2 May 2003.
Rules and Practices for Aerodromes means the document called ‘Rules and Practices for Aerodromes’, published by CASA, as in force immediately before 2 May 2003.
transitional aerodrome licence means an aerodrome licence that is continued in force after 2 May 2003 by regulation 202.701 as if it were an aerodrome certificate granted under regulation 139.050.
202.701 Aerodrome licences issued under CAR
An aerodrome licence in force under Part 9 of the old regulations immediately before 2 May 2003 continues in force on and after that day as if it were an aerodrome certificate granted under regulation 139.050.
202.702 Conditions of transitional aerodrome licences
A transitional aerodrome licence remains subject to any conditions to which it was subject immediately before 2 May 2003 (including any condition to which the licence was subject under regulation 303 of CAR).
202.703 Duration of transitional aerodrome licences
Despite regulation 139.065, a transitional aerodrome licence continues in force, unless sooner cancelled, until the earlier of the following:
(a) CASA grants an aerodrome certificate in respect of the aerodrome under regulation 139.050;
(b) 1 May 2006.
202.704 Previous aerodrome manuals and standards for aerodromes
(1) This regulation applies to the operator of an aerodrome if the operator holds a transitional aerodrome licence for the aerodrome.
(2) The operator is taken to satisfy the requirements of Division 139.B.2 of CASR if the operator has an aerodrome manual for the aerodrome that, immediately before 2 May 2003, satisfied the requirements of Part 9, Division 3 of the old regulations.
(3) The operator is taken to comply with regulation 139.165 if the operator complies with any requirements or standards for the physical characteristics of the movement area of an aerodrome that:
(a) are set out or referred to in the Rules and Practices for Aerodromes; and
(b) applied to the operator in respect of the aerodrome immediately before 2 May 2003.
(4) The operator is taken to comply with regulations 139.170, 139.190 and 139.195 if the operator complies with any requirements or standards for the marking and lighting of the movement area of an aerodrome that:
(a) are set out or referred to in the Rules and Practices for Aerodromes; and
(b) applied to the operator in respect of the aerodrome immediately before 2 May 2003.
(5) The operator is taken to comply with regulations 139.175 and 139.180 if the operator complies with any requirements or standards for the signal area and wind direction indicators for an aerodrome that:
(a) are set out or referred to in the Civil Aviation Orders; and
(b) applied to the operator in respect of the aerodrome immediately before 2 May 2003.
(6) The operator is taken to comply with regulation 139.355 if the operator complies with any requirements and standards for the establishment of obstacle limitation surfaces for an aerodrome that:
(a) are set out or referred to in the Rules and Practices for Aerodromes; and
(b) applied to the operator in respect of the aerodrome immediately before 2 May 2003.
202.705 Exemptions
(1) An exemption from a provision of Part 9 of the old regulations (the old provision) that:
(a) was granted to the operator of an aerodrome under regulation 89ZD of the old regulations; and
(b) was in effect immediately before 2 May 2003;
continues in force on and after that day as if it were an exemption granted to the operator under regulation 139.020 from the provision of these Regulations, or the Manual of Standards, that corresponds to the old provision.
(2) Any such exemption continues in force subject to any conditions to which it was subject immediately before that day.
(3) In this regulation:
Manual of Standards has the meaning given by regulation 139.010.
Subpart 202.FYH Transitional provisions for Subpart 139.H (Aerodrome rescue and fire fighting services)
202.710 Manual of Standards for Subpart 139.H
(1) A document called ‘Manual of Standards (MOS) – Subpart 139.H’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 139.712.
(2) The procedures in regulations 139.712A, 139.712B and 139.712C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.
Subpart 202.GA Transitional provisions for Part 141 (Flight training organisations)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.720 to 202.739 are reserved for use in this Subpart.
Subpart 202.GB Transitional provisions for Part 142 (Training and checking organisations)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.740 to 202.759 are reserved for use in this Subpart.
Subpart 202.GC Transitional provisions for Part 143 (Air traffic services training providers)
202.760 Manual of Standards for Part 143
(1) A document called ‘Manual of Standards (MOS) – Part 143’ published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 143.017.
(2) The procedures in regulations 143.017A, 143.017B and 143.017C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.
Subpart 202.GD Transitional provisions for Part 144 (Product distribution organisations)
Note 1 This Subpart heading is reserved for future use.
Note 2 Regulation numbers 202.780 to 202.799 are reserved for use in this Subpart.
Dictionary
(regulation 1.4)
Part 1 Definitions
Act means the Civil Aviation Act 1988.
aerodrome certificate means a certificate granted under regulation 139.050.
aerodrome facilities and equipment means facilities and equipment, inside or outside the boundaries of an aerodrome, that are installed or maintained for use by aircraft operating at the aerodrome.
aerodrome manual, for a certified aerodrome, means the aerodrome manual for the aerodrome required by regulation 139.090.
aerodrome marking includes a permanent or temporary marker, a movement area guidance sign and a road sign.
aerodrome operator:
(a) for a certified aerodrome — means the person who holds the aerodrome certificate for the aerodrome; and
(b) for a registered aerodrome — means the operator of the aerodrome; and
(c) for an aerodrome to which Subpart 139.D applies — means the person who is responsible for the operation and maintenance of the aerodrome.
aerodrome serviceability inspection, of an aerodrome, means an inspection of the aerodrome mentioned in regulation 139.220.
aerodrome technical inspection, of aerodrome facilities for an aerodrome, means an inspection of the aerodrome facilities mentioned in regulation 139.230.
aerodrome works means any construction or maintenance work on or near the movement area of an aerodrome that may create an obstacle, or restrict the normal take‑off and landing of aircraft, at the aerodrome.
AGL means above ground level.
AIP means the publication mentioned in paragraph 4.12 (1) (a) of the Air Services Regulations, as that publication is in effect or exists from time to time.
AIP‑ERSA means the Aeronautical Information Publication Enroute Supplement Australia published jointly by the Australian Air Force and AIS, as in force from time to time.
aircraft registration identification plate see regulation 45.140.
air security officer means:
(a) a protective service officer or special protective service officer of the Australian Federal Police who is directed by the Commissioner to carry out the duties of a position of air security officer; or
(b) a person who is:
(i) employed and trained by a foreign government to travel on aircraft to provide security for aircraft and their passengers and crew (other than a person who is employed to provide exclusive personal protection for 1 or more individuals travelling on an aircraft); and
(ii) operating in accordance with an arrangement between the foreign government and the Australian Government.
airship means a powered, lighter‑than‑air aircraft.
air traffic control function means a function described in a paragraph of subregulation 65.075 (2).
air transport operations means operations for a commercial purpose mentioned in paragraph 206 (1) (b) or (c) of CAR.
airworthiness directive — see regulation 39.001A.
AIS means AA in its capacity as the provider of an aeronautical information service.
amateur‑built aircraft means an aircraft described in paragraph 21.191 (g).
Amateur Built Aircraft Acceptance, or ABAA, means a document given by CASA or an authorised person as a type approval for an amateur‑built aircraft.
AOC — see subsection 3 (1) of the Act.
APMA means Australian Parts Manufacturer Approval.
appliance means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communication equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, engine or propeller.
Source FARs section 1.1.
approved means approved by CASA.
approved maintenance data — see regulation 2A of CAR.
apron, of an aerodrome, has the meaning given by the Air Services Regulations.
ARN or Aviation Reference Number means the unique identifier assigned to a person by CASA for the purposes of CASA’s records.
article manufacturer — see paragraph 21.601 (2) (e).
ATC licence means an air traffic controller licence granted under Part 65.
ATSO means an Australian Technical Standard Order mentioned in paragraph 21.601 (2) (a).
ATSO authorisation — see paragraph 21.601 (2) (b).
ATS provider has the meaning given by regulation 172.015.
ATS training provider has the meaning given by regulation 143.015.
Australian Civil Aircraft Register means the register established and maintained under regulation 47.025.
Australian nationality mark see regulation 45.015.
Australian Parts Manufacturer Approval or APMA means an Australian Parts Manufacturer Approval issued under subregulation 21.303 (9) or subregulation 21.305A (2).
authorised person, for a provision in which the expression occurs, means a person who is appointed under regulation 201.001 to be an authorised person for these regulations or the provision.
authorised release certificate means a document that complies with regulation 42WA of CAR.
balloon means an unpowered, lighter‑than‑air aircraft.
cabin crew member, in relation to an aircraft, means a crew member, other than a flight crew member, who performs, in the interests of the safety of the aircraft’s passengers, duties assigned by the operator or the pilot in command of the aircraft.
CAR means the Civil Aviation Regulations 1988.
cargo means things other than persons carried in an aircraft.
carry‑on baggage means baggage or personal effects carried on, or to be carried on, to an aircraft by:
(a) a passenger on the aircraft or a member of the aircraft’s crew; or
(b) an employee of the aircraft operator on behalf of a passenger or crew member.
CASR means the Civil Aviation Safety Regulations 1998.
category, in relation to the type certification of aircraft, means a grouping of aircraft based upon intended use and operating limitations (for example, transport, normal, utility, acrobatic, limited, restricted and provisional).
Source FARs section 1.1 modified.
certificate of airworthiness means a standard certificate of airworthiness or a special certificate of airworthiness.
certificate of registration means a certificate issued under regulation 47.090.
certified aerodrome means an aerodrome in respect of which an aerodrome certificate is in force.
certified UAV controller — see regulation 101.240.
charged with an offence — see clause 25 of Part 2 of this Dictionary.
checked baggage means baggage or personal effects checked in by a passenger with an operator, or with another person providing a check‑in service for an operator, as baggage or personal effects intended for carriage on the aircraft on which the passenger is travelling.
Civil Air Regulations means the Civil Air Regulations issued by the Administrator of the Federal Aviation Agency of the United States of America, as in force immediately before the commencement of the FARs.
class, in relation to an aircraft — see clause 30 of Part 2 of this Dictionary.
Class I product — see paragraph 21.321 (2) (a).
Class I provisional certificate of airworthiness means a Class I provisional certificate of airworthiness issued under regulation 21.216.
Class I provisional type certificate means a Class I provisional type certificate issued under regulation 21.076.
Class II product — see paragraph 21.321 (2) (b).
Class II provisional certificate of airworthiness means a Class II provisional certificate of airworthiness issued under regulation 21.216.
Class II provisional type certificate means a Class II provisional type certificate issued under regulation 21.076.
Class III product — see paragraph 21.321 (2) (c).
Contracting State — see subsection 3 (1) of the Act.
convicted of an offence — see clause 35 of Part 2 of this Dictionary.
critical part, for an aircraft, means a part that must be inspected, overhauled, or removed or retired from the aircraft within a period specified:
(a) in the Airworthiness Limitations section of the Manufacturer’s Maintenance Manual (as published from time to time by the aircraft’s manufacturer) for the aircraft; or
(b) in the Manufacturer’s Instructions for Continued Airworthiness (as published by the manufacturer from time to time) for the aircraft.
DAME means designated aviation medical examiner.
DAO means designated aviation ophthalmologist.
dealer’s mark means a mark assigned to an aircraft manufacturer, distributor or dealer under regulation 47.175.
delegation option authorisation means a delegation option authorisation issued under regulation 21.239.
designated aviation medical examiner means:
(a) a person appointed as a designated aviation medical examiner under Part 67; or
(b) a person who holds, or is performing the duties of, a position specified in a declaration under subregulation 67.055 (1); or
(c) a person specified in a declaration under subregulation 67.055 (2); or
(d) a person appointed as a designated aviation medical examiner under Part 6 of CAR as in force at any time before 3 September 2003.
designated aviation ophthalmologist means:
(a) a person appointed as a designated aviation ophthalmologist under Part 67; or
(b) a person who holds, or is performing the duties of, a position specified in a declaration under subregulation 67.075 (1); or
(c) a person specified in a declaration under subregulation 67.075 (2).
Dictionary means this Dictionary.
drug‑critical authorisation means an authorisation that is declared by another provision of these Regulations to be a drug‑critical authorisation.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
European Aviation Safety Agency or EASA means the European Aviation Safety Agency established by regulation (EC) No 1592/2002 of the European Parliament and the Council of the European Union.
experimental certificate means an experimental certificate issued under regulation 21.195A.
expiation notice, in relation to a psychoactive substance offence, means a notice requiring or permitting payment of a penalty as an alternative to prosecution.
export airworthiness approval means:
(a) for a Class I product — an export certificate of airworthiness or an authorised release certificate; and
(b) for a Class II or Class III product — an authorised release certificate.
export certificate of airworthiness, for a Class I product, means a certificate to the effect that the product meets the requirements mentioned in regulation 21.329.
FAA letter of TSO design approval — see paragraph 21.601 (2) (ca).
FARs means the Federal Aviation Regulations in Chapter 1 (Federal Aviation Administration, Department of Transportation) of Title 14 of the Code of Federal Regulations as published by the Office of the Federal Register National Archives and Records Administration of the United States of America.
fireproof, in connection with a manufacturer’s data plate — see regulation 21.810.
flight service function means the function described in subregulation 65.130 (2).
flight service licence means a licence by that name granted under Part 65.
flight simulator, for a specific type (or a specific make, model and series) of aircraft:
(a) means a simulator that simulates the aircraft in ground and flight operations and comprises:
(i) a full size replica of the flight deck of the aircraft; and
(ii) a visual system providing an out of the flight deck view; and
(iii) a force cueing motion system; and
(b) includes the necessary software and equipment, and the way that the equipment is interconnected.
flight training device, for a specific type (or a specific make, model and series) of aircraft:
(a) means a device that:
(i) simulates the aircraft in ground and flight operations to the extent of the systems installed in the device; and
(ii) comprises a full size replica of the instruments, equipment, panels and controls in an open flight deck area, or an enclosed flight deck, of the aircraft; and
(iii) does not, in every respect, simulate the aircraft in ground and flight operations; and
(b) includes the necessary software and equipment, and the way that the equipment is interconnected.
foreign supplemental type certificate — see regulation 21.114.
foreign type certificate — see regulation 21.041.
free balloon means a balloon that is intended for flight without being permanently tethered.
free balloon — see regulation 101.145.
giant model aircraft — see regulation 101.380.
glider means an unpowered, heavier‑than‑air aircraft that derives its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight.
heavier‑than‑air aircraft is the generic term for aircraft that derive their lift in flight chiefly from aerodynamic forces.
heavy balloon — see subregulation 101.145 (6).
high power rocket — see regulation 101.425.
identification number of a production certificate or type certificate means the number, or group of characters, described in the certificate as being its number.
in an area, used of the operation of an aircraft — see clause 40 of Part 2 of this Dictionary.
incidental provisions, of an instrument, or part of an instrument, mentioned in these regulations, means the provisions of the instrument, or part, that are not airworthiness standards.
instrument approach procedure means an instrument flight procedure for use by an aircraft in descending below the lowest safe altitude.
instrument departure procedure means an instrument flight procedure for use by an aircraft after take‑off until the aircraft reaches:
(a) the en‑route lowest safe altitude; or
(b) the minimum altitude at which the aircraft, on a minimum climb gradient of 3.3%, can turn to intercept the planned flight route while maintaining the necessary departure obstacle clearance requirements; or
(c) in a case where the aircraft has taken off from an aerodrome for which there is a radar control service in operation — the minimum radar vector altitude.
instrument flight procedures means the visual and instrument procedures for use by aircraft operating under the IFR.
intermediate category, for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.026.
kit‑built aircraft means an aircraft described in paragraph 21.191 (h).
kite means a glider normally moored to the ground.
large UAV — see regulation 101.240.
letter of ATSO design approval — see paragraph 21.601 (2) (c).
light balloon — see subregulation 101.145 (4).
lighter‑than‑air aircraft is the generic term for aircraft that are supported chiefly by their buoyancy in the air.
light sport aircraft means an aircraft that:
(a) has:
(i) if the aircraft is not intended for operation on water — a maximum take‑off weight of 600 kilograms or less; or
(ii) if the aircraft is intended for operation on water — a maximum take‑off weight of 650 kilograms or less; or
(iii) if the aircraft is a lighter‑than‑air aircraft — a maximum gross weight of 560 kilograms or less; and
(b) if the aircraft is a powered aircraft — has a single, non‑turbine engine fitted with a propeller; and
(c) has a maximum stall speed in the landing configuration (Vso) of 45 knots calibrated air speed; and
(d) if the aircraft is a glider — has a maximum never‑exceed speed (Vne) of 135 knots calibrated air speed; and
(e) if the aircraft has a cabin — has an un‑pressurised cabin; and
(f) if the aircraft is designed to be equipped with seating — has a maximum seating capacity of 2 persons, including the pilot; and
(g) if the aircraft is a manned free balloon that is not designed to be equipped with seating — can carry no more than 2 persons; and
(h) has:
(i) in the case of an amphibian — repositionable landing gear; or
(ii) in the case of a glider — fixed landing gear or retractable landing gear; or
(iii) in any other case — fixed landing gear.
limited category, for an aircraft, means the category of aircraft that satisfy the requirements for issue of a special certificate of airworthiness mentioned in regulation 21.189.
lowest safe altitude has the same meaning as in the AIP.
major change, for a type design — see regulation 21.093.
manned free balloon means a free balloon that:
(a) is capable of carrying 1 or more persons; and
(b) is equipped with controls that enable the altitude of the balloon to be controlled.
manoeuvring area, of an aerodrome, has the meaning given by the Air Services Regulations.
markings of an Australian aircraft — see subregulation 45.025 (1).
Materials Review Board means:
(a) for a manufacturer manufacturing an aircraft, aircraft engine or propeller under a type certificate only — the Materials Review Board established under paragraph 21.125 (1) (a); and
(b) for a manufacturer manufacturing an aircraft, aircraft engine or propeller under a production certificate — the Materials Review Board established under regulation 21.145.
maximum carrying capacity, for an aircraft, means the maximum payload permitted under the aircraft’s certificate of type approval.
maximum passenger seating capacity, for an aircraft, means the maximum number of seats for persons (excluding flight crew and cabin crew) in the aircraft that is:
(a) approved by CASA; and
(b) specified in the aircraft operator’s operations manual.
medical certificate means a medical certificate issued under Part 67 and includes a medical certificate (including a special medical certificate) issued under Part 6 of CAR, as in force immediately before the commencement of this regulation.
medium balloon — see subregulation 101.145 (5).
micro UAV — see regulation 101.240.
minor change, for a type design — see regulation 21.093.
model, for an aircraft, aircraft engine or propeller, means a particular version of a type of aircraft, aircraft engine or propeller that is distinguished from another version of the same type by a change of sufficient effect on the weight, balance, structural strength, operational characteristics as would require a separate entry on a type certificate, identifying and approving the particular version as distinct from the identification and approval of other versions.
model aircraft means an aircraft that is used for sport or recreation, and cannot carry a person.
model rocket — see regulation 101.425.
movement area, of an aerodrome, has the meaning given by the Air Services Regulations.
NAA, for a country other than Australia, means:
(a) the national airworthiness authority of the country; or
(b) EASA, in relation to any function or task that EASA carries out on behalf of the country.
nominated person, for a delegation option authorisation — see subregulation 21.235 (3).
non‑precision approach runway has the same meaning as in Annex 14, Aerodromes, to the Chicago Convention.
NOTAM office means the office of AA that acts as the receiving office for information to be included in NOTAM.
NOTAM Office means the office of AIS responsible for the publication of NOTAMS.
obstacle means an object that extends above part of an obstacle limitation surface of an aerodrome.
obstacle limitation surface, of an aerodrome, means an obstacle limitation surface established in accordance with regulation 139.355.
operations manual, for an operator, means the manual required to be provided by the operator under regulation 215 of CAR.
Note The definition of operator in subregulation 2 (1) of CAR is as follows:
operator means a person, organisation, or enterprise engaged in, or offering to engage in, an aircraft operation.
overhauled — see paragraph 21.321 (2) (d).
powered aircraft means an aircraft that is propelled by an engine or engines.
powered parachute means a powered aircraft that has the characteristics of a parachute when its engine or engines are not operated.
powered sailplane means an aircraft with one or more engines that has the characteristics of a sailplane when the engine or engines are inoperative.
primary category, for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.024.
probity‑critical authorisation means an authorisation that is declared
by another provision of these Regulations to be a probity‑critical authorisation.
probity offence means an offence the substance of which is:
(a) the giving, receiving, offering or soliciting of a bribe to influence the performance of an official function or duty; or
(b) the making of an unwarranted demand with menaces (within the meaning of Division 139 of the Criminal Code) of a person exercising an official function during the performance of that function; or
(c) fraudulent conduct (within the meaning of Part 7.3 of the Criminal Code);
whether under the law of the Commonwealth, a State, a Territory or another country.
production certificate means a production certificate issued under subregulation 21.134 (1).
prohibited area has the same meaning as in regulation 3 of the Airspace Regulations 2007.
provisional certificate of airworthiness means a Class I or Class II provisional certificate of airworthiness.
provisional type certificate means a Class I or Class II provisional type certificate.
psychoactive substance — see clause 60 of Part 2 of this Dictionary.
psychoactive substance offence means an offence:
(a) of which an element is the possession, use or excessive use of a psychoactive substance; or
(b) of which the substance is importing, or trafficking in, a psychoactive substance; or
(c) of which an element is being under the influence of a psychoactive substance; or
(d) of which an element is the presence, or the presence at a concentration higher than a particular concentration, in the blood, breath or urine of a psychoactive substance or a metabolite of such a substance; or
(e) the substance of which is refusal to provide a blood, breath or urine sample for analysis; or
(f) of attempting to commit, inciting the commission of or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d) or (e).
Note Psychoactive substance includes alcohol but does not include coffee, tea, cocoa, chocolate or any other non‑alcoholic drink containing caffeine, or caffeine‑containing confectionery — see Part 2 of this Dictionary.
qualified flight simulator means a flight simulator that is qualified under Part 60 of CASR.
qualified flight training device means a flight training device that is qualified under Part 60 of CASR.
recognised country — see regulation 21.012.
recreational unmanned aircraft means an aircraft that:
(a) is not designed for, nor capable of, accommodating a person; and
(b) is used only for sport and recreation.
registered means registered under Part 47.
registered aerodrome means an aerodrome that is registered under regulation 139.265.
registered operator has the meaning given by regulation 47.100.
registration holder of an aircraft means the person whose name is entered in the Australian Civil Aircraft Register as that of the aircraft’s owner.
registration mark — see regulation 45.020.
regular public transport operations means operations for the commercial purpose mentioned in paragraph 206 (1) (c) of CAR.
restricted area has the same meaning as in regulation 3 of the Airspace Regulations 2007.
restricted category, for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.025.
rocket means a pilotless vehicle powered by reaction that carries all the components necessary to provide its jet.
rotorcraft means a heavier‑than‑air aircraft that depends principally for its support in flight on the lift generated by 1 or more rotors.
sailplane means a heavier‑than‑air aircraft:
(a) that is supported in flight by the dynamic reaction of the air against its fixed lifting surfaces; and
(b) the free flight of which does not depend on an engine.
set of markings of an Australian aircraft — see subregulation 45.025 (2).
small balloon — see subregulation 101.145 (3).
small UAV — see regulation 101.240.
special certificate of airworthiness — see regulation 21.175.
special class, for aircraft — see subregulation 21.017 (2).
special condition means a special condition imposed under subregulation 21.016 (1).
special flight permit means a special flight permit issued under regulation 21.200.
standard certificate of airworthiness see regulation 21.175.
State of Design has the meaning given by Annex 8 to the Chicago Convention.
supplemental type certificate means a supplemental type certificate issued under regulation 21.113A.
synthetic training device means:
(a) a flight simulator; or
(b) a flight training device; or
(c) a basic instrument flight trainer.
tethered, in relation to a lighter‑than‑air aircraft, means attached to the ground, or an object on the ground, by flexible restraints that limit movement.
tethered balloon — see regulation 101.105.
these Regulations includes CAR.
time‑limited works has the same meaning as in the Manual of Standards.
TSO — see paragraph 21.601 (2) (ab).
type, for an aircraft, aircraft engine or propeller, means a design and make of aircraft, aircraft engine or propeller and, where appropriate, refers to a group of essentially similar aircraft, aircraft engines or propellers which, although possibly existing in different models, stem from a common basic design.
type acceptance certificate means a type acceptance certificate issued under regulation 21.029A.
type certificate — see regulation 21.041.
type certificated means issued with a type certificate or type acceptance certificate.
type certificate data sheet means a sheet attached to a type certificate for an aircraft, aircraft engine or propeller that sets out the limitations prescribed by the applicable airworthiness requirements for the aircraft, aircraft engine or propeller, and any other limitations and information necessary for type certification of the aircraft, aircraft engine or propeller.
type certification basis, for an aircraft, means the airworthiness standards and any special conditions or other conditions with which the aircraft must comply for the issue of a type certificate.
type design — see regulation 21.031.
UAV — see regulation 101.240.
unmanned free balloon means a balloon other than a manned free balloon.
unpowered aircraft means an aircraft other than a powered aircraft.
very light aeroplane means an aeroplane of a kind mentioned in clause CS‑VLA 1 of EASA CS‑VLA, as in force from time to time.
VSO means the stalling speed or the minimum steady flight speed in the landing configuration.
Source FARs section 1.2.
Part 2 Interpretation of certain expressions not defined in Part 1
1 References to accountable manager
Note This clause is reserved for future use.
5 When an aircraft is airworthy
Note This clause is reserved for future use.
15 Reference to Annexes to Chicago Convention
In these Regulations, a reference to an Annex to the Chicago Convention is a reference to that Annex as in force from time to time.
20 References to authorised representatives of particular classes
Note This clause is reserved for future use.
25 Extended meaning of charged with in relation to certain offences
(1) In these Regulations:
charged with has, in addition to its ordinary meaning, the meaning given by subclause (2).
(2) For the purposes of these Regulations, a person is taken to have been charged with a psychoactive substance offence if:
(a) a law provides for the issue, in relation to the offence, of an expiation notice; and
(b) such a notice is issued to the person in relation to the offence.
30 Classes of aircraft
For these Regulations, aircraft are divided into the following classes:
(a) aeroplane;
(b) rotorcraft;
(c) ornithopter;
(d) glider;
(e) kite;
(f) airship;
(g) captive balloon;
(h) free balloon.
35 Extended meaning of convicted
(1) In these Regulations:
convicted has, in addition to its ordinary meaning, the meaning given by subclauses (2), (3) and (4).
(2) For the purposes of these Regulations, a person is taken to have been convicted of an alleged offence if:
(a) the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or
(b) the person has been found guilty of the offence but discharged without conviction.
(3) In addition, a person is taken to have been convicted of a psychoactive substance offence if:
(a) a law provides for the issue, in relation to the offence, of an expiation notice; and
(b) such a notice was issued to the person in relation to the offence; and
(c) the person paid the penalty required by the notice.
(4) However, a conviction that is spent (within the meaning of Part VIIC of the Crimes Act 1914), or has been quashed, is not taken to be a conviction for the purposes of these Regulations.
40 References to operating an aircraft in an area
In these Regulations, a reference to operating an aircraft in an area is a reference to operating the aircraft in the airspace above the area.
45 References to EASA certification specifications
In these Regulations, a reference to EASA, followed by the letters CS, a hyphen and a number, letter or letters, is a reference to the certification specifications, including airworthiness codes and acceptable means of compliance, produced by EASA and identified by that number, letter or letters.
50 References to pilot‑in‑command
Note This clause is reserved for future use.
55 References to populous areas etc
Note This clause is reserved for future use.
60 Meaning of psychoactive substance
(1) In these Regulations:
psychoactive substance has, subject to subclause (2), the meaning given by section 1.1 of Annex 1, Personnel Licensing, to the Chicago Convention.
Note The definition in that Annex is:
Psychoactive substances. Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.
(2) To avoid doubt, in these Regulations:
psychoactive substance:
(a) includes:
(i) a therapeutic substance that is a psychoactive substance within the meaning given by Annex 1 to that Convention; and
(ii) a therapeutic substance of which a psychoactive substance (within the meaning given by that Annex) is an ingredient; but
(b) does not include:
(i) tea, cocoa, chocolate or any other non‑alcoholic drink containing caffeine or guarana; or
(ii) confectionery containing caffeine or guarana.
(3) In paragraph (a) of the definition of psychoactive substance in subclause (2):
therapeutic substance means a substance that is therapeutic goods, within the meaning given by the Therapeutic Goods Act 1989.
65 Recognised foreign training providers
Note This clause is reserved for future use.
Notes to the Civil Aviation Safety Regulations 1998
Note 1
The Civil Aviation Safety Regulations 1998 (in force under the Civil Aviation Act 1988) as shown in this compilation comprise Statutory Rules 1998 No. 237 amended as indicated in the Tables below.
Table of Instruments
Year and
number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
1998 No. 237 | 22 July 1998 | Subparts F, G, J, K and O of Part 21: 1 Dec 1998
Remainder: 1 Oct 1998 | |
1999 No. 166 | 16 Aug 1999 | Schedule 2 (Part 2): 1 Dec 1999
Remainder: 16 Aug 1999 | — |
1999 No. 262 | 27 Oct 1999 | Rr. 1–5 and Schedule 2: 27 Oct 1999
Schedule 3: 1 Dec 1999
Remainder: 1 Jan 2000 | — |
2000 No. 7 | 23 Feb 2000 | 23 Feb 2000 | — |
2000 No. 204 (a) | 31 July 2000 | Rr. 1–3 and Schedule 1: 31 July 2000
Remainder: 1 Oct 2000 | Rr. 5–8 (rep. by 2004 No. 345, Sch. 3 item [1]) |
as amended by | | | |
2004 No. 345 | 8 Dec 2004 | (see 2004 No. 345 below) | — |
2000 No. 227 | 17 Aug 2000 | Schedule 1: 1 Dec 1998
Schedules 4 and 5: 1 Sept 2000
Remainder: 17 Aug 2000 | R. 4 |
2001 No. 34 | 1 Mar 2001 | 1 Mar 2001 | — |
2001 No. 242 | 5 Sept 2001 | 5 Sept 2001 | — |
2001 No. 349 | 21 Dec 2001 | 1 July 2002 | R. 4 (am. by 2002 No. 79, Sch. 1 [item 1]; rep. by 2004 No. 345, Sch. 4 [item 1]) |
as amended by | | | |
2002 No. 79 | 18 Apr 2002 | 18 Apr 2002 | — |
2004 No. 345 | 8 Dec 2004 | (see 2004 No. 345 below) | — |
2002 No. 167 | 3 July 2002 | 1 May 2003 | R. 5 (rep. by 2004 No. 345, Sch. 5 [item 1]) |
as amended by | | | |
2004 No. 345 | 8 Dec 2004 | (see 2004 No. 345 below) | — |
2002 No. 266 | 6 Nov 2002 | 1 July 2002 | — |
2002 No. 268 | 6 Nov 2002 | 6 Nov 2002 | — |
2002 No. 320 | 19 Dec 2002 | 19 Dec 2002 | — |
2002 No. 321 | 19 Dec 2002 | 19 Dec 2002 | — |
2002 No. 349 | 20 Dec 2002 | 20 Dec 2002 | — |
2002 No. 350 | 20 Dec 2002 | 20 Dec 2002 | — |
2003 No. 58 | 14 Apr 2003 | Rr. 1–5 and Schedule 3: 14 Apr 2003
Remainder: 2 May 2003 | — |
2003 No. 75 | 1 May 2003 | Rr. 1–4 and Schedules 1 and 2: 1 May 2003
Remainder: 3 May 2003 | — |
2003 No. 189 | 24 July 2003 | 1 Oct 2003 | — |
2003 No. 232 | 3 Sept 2003 | 3 Sept 2003 | — |
2003 No. 240 | 18 Sept 2003 | 18 Sept 2003 | — |
2003 No. 297 | 27 Nov 2003 | 27 Nov 2003 | — |
2003 No. 365 | 23 Dec 2003 | Rr. 1–4 and Schedule 1: 23 Dec 2003
Schedules 2 and 3: 1 Jan 2004
Remainder: 1 July 2004 | — |
2004 No. 4 | 12 Feb 2004 | 20 Feb 2004 (see r. 2) | — |
2004 No. 134 | 18 June 2004 | 15 Nov 2004 | — |
2004 No. 216 | 15 July 2004 | 15 July 2004 | — |
2004 No. 222 | 22 July 2004 | 1 July 2004 | — |
2004 No. 230 | 28 July 2004 | 28 July 2004 | — |
2004 No. 345 | 8 Dec 2004 | 8 Dec 2004 | — |
2005 No. 207 | 19 Sept 2005 (see F2005L02673) | 1 Oct 2005 (see r. 2) | — |
2005 No. 242 | 24 Oct 2005 (see F2005L03219) | 25 Oct 2005 | — |
2005 No. 258 | 15 Nov 2005 (see F2005L03421) | 16 Nov 2005 | — |
2005 No. 321 | 19 Dec 2005 (see F2005L04039) | 20 Dec 2005 | — |
2005 No. 323 | 19 Dec 2005 (see F2005L04033) | 20 Dec 2005 | — |
2006 No. 124 | 2 June 2006 (see F2006L01624) | 3 June 2006 | — |
2006 No. 185 | 17 July 2006 (see F2006L02115) | 18 July 2006 | — |
2007 No. 41 | 26 Mar 2007 (see F2007L00794) | 25 May 2007 | — |
2007 No. 172 | 26 June 2007 (see F2007L01842) | 1 July 2007 (see r. 2) | — |
2007 No. 226 | 24 July 2007 (see F2007L02284) | 25 July 2007 | — |
2008 No. 192 | 22 Sept 2008 (see F2008L03483) | 23 Sept 2008 | — |
2008 No. 274 | 18 Dec 2008 (see F2008L04644) | (b) | — |
2008 No. 275 | 18 Dec 2008 (see F2008L04587) | 19 Dec 2008 | — |
2009 No. 64 | 15 Apr 2009 (see F2009L01295) | Rr. 1–3 and Schedule 1: 16 Apr 2009
Rr. 4, 5, Schedules 2 and 3: 1 Oct 2009 | — |
2009 No. 147 | 26 June 2009 (see F2009L02511) | 1 July 2009 | — |
2009 No. 232 | 9 Sept 2009 (see F2009L03481) | 10 Sept 2009 | — |
2010 No. 120 | 7 June 2010 (see F2010L01546) | 8 June 2010 | — |
2010 No. 277 | 19 Nov 2010 (see F2010L03002) | Rr. 1–3 and Schedule 1:
1 Dec 2010
Schedule 2: (see r. 2 and Note 3)
Schedule 3: (see r. 2 and Note 4) | — |
(a) Part 47 only in item [7] of Schedule 2 and items [1], [4] and [5] of Schedule 3 to Statutory Rules 2000 No. 204 were disallowed by the Senate on 8 November 2000.
(b) Regulation 2 of SLI 2008 No. 274 provides as follows:
These Regulations commence immediately after the commencement of regulation 4.59A of the Aviation Transport Security Regulations 2005.
Regulation 4.59A, added by SLI 2008 No. 271, commenced on 19 December 2008.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Guide................. | ad. 2002 No. 350 |
| am. 2004 No. 345; 2005 No. 323; 2007 No. 172 |
Part 1 | |
Table of Provisions to
Part 1 | ad. 2004 No. 345 |
R. 1.0................. | ad. 2000 No. 204 |
| am. 2002 No. 350 |
Renumbered r. 1.000..... | 2002 No. 350 |
R. 1.000............... | rep. 2004 No. 345 |
R. 1.1................. | rs. 2002 No. 350 |
Renumbered r. 1.001..... | 2002 No. 350 |
R. 1.2................. | rep. 2002 No. 350 |
R. 1.3 | |
Renumbered r. 1.003..... | 2002 No. 350 |
R. 1.4................. | rs. 2000 No. 204 |
Renumbered r. 1.004..... | 2002 No. 350 |
Note to r. 1.004 (2)........ | rs. 2004 No. 345 |
R. 1.5................. | rep. 2000 No. 204 |
R. 1.005............... | ad. 2004 No. 345 |
R. 1.6 | |
Renumbered r. 1.006..... | 2002 No. 350 |
R. 1.006............... | rs. 2004 No. 345 |
R. 1.7 | |
Renumbered r. 1.007..... | 2002 No. 350 |
R. 1.008............... | ad. 2004 No. 345 |
Part 11 | |
Part 11................ | ad. 2000 No. 204 |
| rs. 2004 No. 345 |
Subpart 11.A | |
R. 11.005............... | ad. 2004 No. 345 |
R. 11.010............... | ad. 2004 No. 345 |
R. 11.015............... | ad. 2004 No. 345 |
Subpart 11.B | |
R. 11.020............... | ad. 2004 No. 345 |
R. 11.025............... | ad. 2004 No. 345 |
R. 11.030............... | ad. 2004 No. 345 |
R. 11.035............... | ad. 2004 No. 345 |
R. 11.040............... | ad. 2004 No. 345 |
R. 11.045............... | ad. 2004 No. 345 |
R. 11.050............... | ad. 2004 No. 345 |
R. 11.055............... | ad. 2004 No. 345 |
R. 11.060............... | ad. 2004 No. 345 |
R. 11.065............... | ad. 2004 No. 345 |
R. 11.070............... | ad. 2004 No. 345 |
R. 11.080............... | ad. 2004 No. 345 |
Subpart 11.C | |
R. 11.090............... | ad. 2004 No. 345 |
R. 11.095............... | ad. 2004 No. 345 |
R. 11.100............... | ad. 2004 No. 345 |
R. 11.105............... | ad. 2004 No. 345 |
R. 11.110............... | ad. 2004 No. 345 |
R. 11.115............... | ad. 2004 No. 345 |
Subpart 11.D | |
R. 11.120............... | ad. 2004 No. 345 |
R. 11.125............... | ad. 2004 No. 345 |
R. 11.130............... | ad. 2004 No. 345 |
Subpart 11.E | |
R. 11.135............... | ad. 2004 No. 345 |
R. 11.140............... | ad. 2004 No. 345 |
R. 11.145............... | ad. 2004 No. 345 |
R. 11.150............... | ad. 2004 No. 345 |
Subpart 11.F | |
Division 11.F.1 | |
R. 11.155............... | ad. 2004 No. 345 |
R. 11.160............... | ad. 2004 No. 345 |
R. 11.165............... | ad. 2004 No. 345 |
R. 11.170............... | ad. 2004 No. 345 |
R. 11.175............... | ad. 2004 No. 345 |
Division 11.F.2 | |
R. 11.180............... | ad. 2004 No. 345 |
R. 11.185............... | ad. 2004 No. 345 |
R. 11.190............... | ad. 2004 No. 345 |
R. 11.195............... | ad. 2004 No. 345 |
Division 11.F.3 | |
R. 11.200............... | ad. 2004 No. 345 |
R. 11.205............... | ad. 2004 No. 345 |
R. 11.210............... | ad. 2004 No. 345 |
R. 11.215............... | ad. 2004 No. 345 |
R. 11.220............... | ad. 2004 No. 345 |
Note to r. 11.220 (1)....... | rs. 2005 No. 323 |
R. 11.225............... | ad. 2004 No. 345 |
Note 2 to r. 11.225........ | rs. 2005 No. 323 |
R. 11.230............... | ad. 2004 No. 345 |
Note to r. 11.230......... | rs. 2005 No. 323 |
R. 11.235............... | ad. 2004 No. 345 |
Subpart 11.G | |
R. 11.240............... | ad. 2004 No. 345 |
R. 11.245............... | ad. 2004 No. 345 |
Note 1 to r. 11.245 (1)...... | rs. 2005 No. 323 |
R. 11.250............... | ad. 2004 No. 345 |
Note to r. 11.250......... | rs. 2005 No. 323 |
R. 11.255............... | ad. 2004 No. 345 |
Subpart 11.H | |
R. 11.260............... | ad. 2004 No. 345 |
Subpart 11.J | |
R. 11.265............... | ad. 2004 No. 345 |
| am. 2005 No. 323 |
Note to r. 11.265 (2)....... | ad. 2005 No. 323 |
Notes 1 and 2 to r. 11.265 (3) | rep. 2005 No. 323 |
R. 11.270............... | ad. 2004 No. 345 |
R. 11.275............... | ad. 2004 No. 345 |
R. 11.280............... | ad. 2004 No. 345 |
R. 11.285............... | ad. 2004 No. 345 |
R. 11.290............... | ad. 2004 No. 345 |
R. 11.295............... | ad. 2004 No. 345 |
Part 13 | |
Part 13................ | ad. 2000 No. 204 |
| rs. 2004 No. 4 |
Subpart 13.K | |
Division 13.K.1 | |
R. 13.320............... | ad. 2004 No. 4 |
R. 13.325............... | ad. 2004 No. 4 |
R. 13.330............... | ad. 2004 No. 4 |
R. 13.335............... | ad. 2004 No. 4 |
R. 13.340............... | ad. 2004 No. 4 |
R. 13.345............... | ad. 2004 No. 4 |
| am. 2008 No. 192 |
R. 13.350............... | ad. 2004 No. 4 |
R. 13.355............... | ad. 2004 No. 4 |
R. 13.360............... | ad. 2004 No. 4 |
R. 13.365............... | ad. 2004 No. 4 |
Division 13.K.2 | |
R. 13.370............... | ad. 2004 No. 4 |
R. 13.375............... | ad. 2004 No. 4 |
| am. 2004 No. 345 |
R. 13.380............... | ad. 2004 No. 4 |
Part 21 | |
Table of Provisions to
Part 21 | ad. 2004 No. 345 |
Subpart 21.A | |
Heading to Subpart A of
Part 21 | |
Renumbered
Subpart 21.A | 2002 No. 350 |
R. 21.0................ | ad. 2000 No. 204 |
| am. 2000 No. 204; 2001 No. 242; 2002 Nos. 320 and 350 |
Renumbered r. 21.000.... | 2002 No. 350 |
R. 21.000............... | rep. 2004 No. 345 |
R. 21.1 | |
Renumbered r. 21.001.... | 2002 No. 350 |
R. 21.1A | |
Renumbered r. 21.001A... | 2002 No. 350 |
R. 21.1B............... | rep. 2002 No. 320 |
R. 21.2................ | rep. 2002 No. 268 |
R. 21.2A | |
Renumbered r. 21.002A... | 2002 No. 350 |
R. 21.2B............... | am. 1999 No. 166 |
Renumbered r. 21.002B... | 2002 No. 350 |
Note to r. 21.002B........ | am. 2002 No. 350 |
R. 21.2C | |
Renumbered r. 21.002C... | 2002 No. 350 |
R. 21.002C............. | am. 2002 No. 350 |
R. 21.2D | |
Renumbered r. 21.002D... | 2002 No. 350 |
R. 21.002D............. | am. 2002 No. 350 |
R. 21.2E | |
Renumbered r. 21.002E... | 2002 No. 350 |
Heading to r. 21.002E...... | rs. 2004 No. 345 |
R. 21.002E............. | am. 2004 No. 345 |
R. 21.3................ | am. 1999 No. 166; 2002 Nos. 268 and 350 |
Renumbered r. 21.003.... | 2002 No. 350 |
R. 21.003............... | am. 2002 No. 350 |
R. 21.5................ | am. 2002 No. 268 |
Renumbered r. 21.005.... | 2002 No. 350 |
Subpart 21.B | |
Heading to Subpart B of
Part 21 | |
Renumbered
Subpart 21.B | 2002 No. 350 |
R. 21.11 | |
Renumbered r. 21.011.... | 2002 No. 350 |
R. 21.12............... | am. 1999 No. 166 |
Renumbered r. 21.012.... | 2002 No. 350 |
R. 21.13 | |
Renumbered r. 21.013.... | 2002 No. 350 |
R. 21.13A | |
Renumbered r. 21.013A... | 2002 No. 350 |
R. 21.013A............. | am. 2002 No. 350 |
R. 21.14 | |
Renumbered r. 21.014.... | 2002 No. 350 |
R. 21.014............... | am. 2002 No. 350 |
R. 21.15 | |
Renumbered r. 21.015.... | 2002 No. 350 |
R. 21.16............... | am. 2002 No. 268 |
Renumbered r. 21.016.... | 2002 No. 350 |
R. 21.17 | |
Renumbered r. 21.017.... | 2002 No. 350 |
R. 21.017............... | am. 2002 No. 350 |
R. 21.19............... | am. 1999 No. 166 |
Renumbered r. 21.019.... | 2002 No. 350 |
R. 21.019............... | am. 2002 No. 350 |
R. 21.21 | |
Renumbered r. 21.021.... | 2002 No. 350 |
R. 21.021............... | am. 2002 No. 350 |
R. 21.24............... | am. 1999 No. 166 |
Renumbered r. 21.024.... | 2002 No. 350 |
R. 21.024............... | am. 2002 No. 350 |
R. 21.25............... | am. 1999 No. 166 |
Renumbered r. 21.025.... | 2002 No. 350 |
R. 21.26............... | am. 1999 No. 166 |
Renumbered r. 21.026.... | 2002 No. 350 |
R. 21.026............... | am. 2002 No. 350 |
R. 21.27............... | am. 2002 No. 350 |
Renumbered r. 21.027.... | 2002 No. 350 |
Heading to r. 21.29........ | rs. 2002 No. 320 |
R. 21.29............... | am. 2002 No. 320 |
Renumbered r. 21.029.... | 2002 No. 350 |
R. 21.029............... | am. 2002 No. 350 |
R. 21.29A.............. | am. 1999 No. 166 |
Renumbered r. 21.029A... | 2002 No. 350 |
R. 21.029A............. | am. 2002 No. 350 |
R. 21.29B.............. | am. 2002 No. 268 |
Renumbered r. 21.029B... | 2002 No. 350 |
R. 21.029B............. | am. 2002 No. 350 |
Note to r. 21.029B........ | am. 2002 No. 350 |
| rs. 2005 No. 323 |
R. 21.29C | |
Renumbered r. 21.029C... | 2002 No. 350 |
R. 21.029C............. | am. 2002 No. 350 |
Note to r. 21.029C........ | am. 2002 No. 350 |
| rs. 2005 No. 323 |
R. 21.31............... | am. 2002 No. 320 |
Renumbered r. 21.031.... | 2002 No. 350 |
R. 21.031............... | am. 2002 No. 350 |
R. 21.33............... | am. 1999 No. 166 |
Renumbered r. 21.033.... | 2002 No. 350 |
R. 21.033............... | am. 2002 No. 350 |
R. 21.35 | |
Renumbered r. 21.035.... | 2002 No. 350 |
R. 21.035............... | am. 2002 No. 350 |
R. 21.37............... | am. 2002 No. 350 |
Renumbered r. 21.037.... | 2002 No. 350 |
R. 21.037............... | am. 2002 No. 350 |
R. 21.39 | |
Renumbered r. 21.039.... | 2002 No. 350 |
R. 21.039............... | am. 2002 No. 350 |
R. 21.41............... | am. 1999 No. 166 |
Renumbered r. 21.041.... | 2002 No. 350 |
R. 21.041............... | am. 2002 No. 350 |
R. 21.43 | |
Renumbered r. 21.043.... | 2002 No. 350 |
R. 21.043............... | am. 2002 No. 350 |
R. 21.47............... | am. 2002 No. 268 |
Renumbered r. 21.047.... | 2002 No. 350 |
R. 21.49............... | am. 2002 No. 268 |
Renumbered r. 21.049.... | 2002 No. 350 |
R. 21.50............... | am. 2002 No. 268 |
Renumbered r. 21.050.... | 2002 No. 350 |
R. 21.050............... | am. 2002 No. 350 |
R. 21.51 | |
Renumbered r. 21.051.... | 2002 No. 350 |
R. 21.051............... | am. 2002 No. 350 |
Note 1 to r. 21.051........ | am. 2002 No. 350 |
| rs. 2005 No. 323 |
R. 21.53 | |
Renumbered r. 21.053.... | 2002 No. 350 |
R. 21.053............... | am. 2002 No. 350 |
Subpart 21.C | |
Heading to Subpart C of
Part 21 | |
Renumbered
Subpart 21.C | 2002 No. 350 |
R. 21.71 | |
Renumbered r. 21.071.... | 2002 No. 350 |
R. 21.73 | |
Renumbered r. 21.073.... | 2002 No. 350 |
R. 21.75 | |
Renumbered r. 21.075.... | 2002 No. 350 |
R. 21.76 | |
Renumbered r. 21.076.... | 2002 No. 350 |
R. 21.076............... | am. 2002 No. 350 |
R. 21.77 | |
Renumbered r. 21.077.... | 2002 No. 350 |
R. 21.78 | |
Renumbered r. 21.078.... | 2002 No. 350 |
R. 21.078............... | am. 2002 No. 350 |
Note to r. 21.078......... | am. 2002 No. 350 |
R. 21.79 | |
Renumbered r. 21.079.... | 2002 No. 350 |
R. 21.81............... | am. 1999 No. 166; 2002 No. 350 |
Renumbered r. 21.081.... | 2002 No. 350 |
R. 21.83............... | am. 1999 No. 166; 2002 No. 350 |
Renumbered r. 21.083.... | 2002 No. 350 |
R. 21.85............... | am. 1999 No. 166; 2002 No. 350 |
Renumbered r. 21.085.... | 2002 No. 350 |
Subpart 21.D | |
Heading to Subpart D of
Part 21 | |
Renumbered
Subpart 21.D | 2002 No. 350 |
R. 21.91 | |
Renumbered r. 21.091.... | 2002 No. 350 |
R. 21.93 | |
Renumbered r. 21.093.... | 2002 No. 350 |
R. 21.95 | |
Renumbered r. 21.095.... | 2002 No. 350 |
R. 21.97 | |
Renumbered r. 21.097.... | 2002 No. 350 |
R. 21.98 | |
Renumbered r. 21.098.... | 2002 No. 350 |
R. 21.098............... | am. 2002 No. 350 |
R. 21.99............... | am. 2002 No. 268 |
Renumbered r. 21.099.... | 2002 No. 350 |
R. 21.101............... | am. 1999 No. 166; 2002 No. 350 |
Subpart 21.E | |
Heading to Subpart E of
Part 21 | |
Renumbered
Subpart 21.E | 2002 No. 350 |
R. 21.113............... | am. 2002 No. 350 |
R. 21.115............... | am. 2002 No. 350 |
R. 21.117............... | am. 1999 No. 166 |
Note to r. 21.118......... | am. 2002 No. 350 |
Note to r. 21.119......... | am. 2002 No. 350 |
Subpart 21.F | |
Heading to Subpart F of
Part 21 | |
Renumbered
Subpart 21.F | 2002 No. 350 |
Note to r. 21.121 (2)....... | am. 2002 No. 350 |
R. 21.123............... | am. 2002 No. 268 |
R. 21.125............... | am. 2002 No. 268 |
R. 21.127............... | am. 2002 No. 268 |
R. 21.128............... | am. 2002 No. 268 |
R. 21.129............... | am. 2004 No. 268 |
R. 21.130............... | am. 2000 No. 227 |
R. 21.130A............. | am. 2002 No. 268 |
Subpart 21.G | |
Heading to Subpart G of
Part 21 | |
Renumbered
Subpart 21.G | 2002 No. 350 |
R. 21.131............... | am. 2000 No. 227 |
Heading to r. 21.132....... | am. 2002 No. 350 |
R. 21.132............... | ad. 2000 No. 227 |
R. 21.132A............. | ad. 2000 No. 227 |
| am. 2001 No. 242 |
R. 21.133............... | rs. 2000 No. 227 |
| am. 2001 No. 242; 2003 No. 297 |
R. 21.134............... | am. 2002 No. 268 |
R. 21.135............... | am. 2000 No. 227 |
R. 21.139............... | rs. 2000 No. 227 |
R. 21.143............... | am. 2000 No. 227; 2002 No. 268; 2003 No. 297 |
R. 21.144............... | am. 2000 No. 227 |
R. 21.145............... | am. 2002 No. 268; 2003 No. 297 |
R. 21.147............... | am. 2000 No. 227; 2002 No. 268 |
R. 21.149............... | rs. 2000 No. 227 |
R. 21.151............... | rs. 2000 No. 227 |
| am. 2003 No. 297 |
R. 21.153............... | am. 2000 No. 227 |
R. 21.157............... | rs. 2002 No. 268 |
Note to r. 21.159......... | am. 2002 No. 350 |
R. 21.161............... | am. 2002 No. 268 |
R. 21.163............... | am. 2002 No. 350 |
R. 21.165............... | rs. 2000 No. 227 |
| am. 2002 No. 268 |
R. 21.166............... | rs. 2000 No. 227 |
| am. 2002 No. 268 |
Subpart 21.H | |
Heading to Subpart H of
Part 21 | rs. 1999 No. 166 |
Renumbered
Subpart 21.H | 2002 No. 350 |
R. 21.171............... | am. 1999 No. 166 |
Note to r. 21.171......... | rs. 2005 No. 323 |
R. 21.172............... | ad. 2005 No. 321 |
R. 21.173............... | am. 1999 No. 166; 2000 No. 204; 2004 No. 134; 2005 No. 321 |
Note to r. 21.173 (1)....... | ad. 2005 No. 321 |
R. 21.175............... | am. 2005 No. 321 |
Heading to r. 21.176....... | rs. 1999 No. 166 |
R. 21.176............... | am. 1999 No. 166; 2002 Nos. 268 and 350 |
Heading to r. 21.181....... | rs. 1999 No. 166 |
R. 21.181............... | am. 2002 Nos. 268 and 350; 2005 No. 321 |
Note to r. 21.181......... | am. 2002 No. 350 |
R. 21.182............... | ad. 2000 No. 204 |
| am. 2005 No. 321 |
R. 21.183............... | am. 1999 No. 166; 2002 Nos. 320 and 350 |
R. 21.184............... | am. 1999 No. 166; 2002 No. 350 |
R. 21.184A............. | am. 1999 No. 166; 2002 No. 350 |
R. 21.185............... | am. 1999 No. 166; 2002 No. 350 |
R. 21.186............... | ad. 2005 No. 321 |
R. 21.187............... | am. 2002 Nos. 268 and 350 |
R. 21.190............... | am. 1999 No. 166; 2000 No. 227; 2004 No. 345 |
R. 21.191............... | am. 2002 No. 350; 2005 No. 321 |
R. 21.192............... | am. 2000 No. 204; 2004 No. 134; 2005 No. 321 |
Note to r. 21.192......... | ad. 2005 No. 321 |
R. 21.193............... | am. 2005 No. 321 |
R. 21.195A............. | am. 1999 No. 166; 2002 No. 268 |
R. 21.195B............. | am. 2002 Nos. 268 and 350; 2005 No. 321 |
Note to r. 21.195B........ | am. 2002 No. 350 |
R. 21.197............... | am. 1999 No. 166; 2002 Nos. 320 and 350 |
R. 21.200............... | am. 2002 Nos. 268 and 350; 2004 No. 230; 2009 No. 64 |
R. 21.201............... | am. 2002 No. 268 |
Note to r. 21.201 (5)....... | am. 2002 No. 350 |
Subpart 21.I | |
Heading to Subpart I of
Part 21 | |
Renumbered
Subpart 21.I | 2002 No. 350 |
Note to r. 21.217......... | am. 2002 No. 350 |
R. 21.221............... | am. 1999 No. 166; 2002 No. 350 |
R. 21.223............... | am. 1999 No. 166; 2002 No. 350 |
R. 21.225............... | am. 1999 No. 166; 2002 No. 350 |
Subpart 21.J | |
Heading to Subpart J of
Part 21 | |
Renumbered
Subpart 21.J | 2002 No. 350 |
R. 21.231............... | am. 2000 No. 227 |
Note to r. 21.243......... | am. 2002 No. 350 |
R. 21.245............... | am. 2002 No. 268 |
R. 21.251............... | am. 2000 No. 227 |
R. 21.261............... | am. 2002 No. 268 |
R. 21.267............... | am. 2002 No. 350 |
Heading to r. 21.271....... | am. 2000 No. 227 |
| rs. 2004 No. 345 |
R. 21.271............... | am. 2000 No. 227; 2002 No. 268 |
R. 21.277............... | am. 2002 No. 268; 2002 No. 350 |
R. 21.293............... | am. 2002 No. 268 |
Subpart 21.K | |
Heading to Subpart K of
Part 21 | |
Renumbered
Subpart 21.K | 2002 No. 350 |
R. 21.303............... | am. 2000 No. 227; 2002 Nos. 268 and 350; 2003 No. 297 |
Note to r. 21.303......... | am. 2002 No. 350 |
R. 21.304............... | ad. 2003 No. 297 |
R. 21.304A............. | ad. 2003 No. 297 |
R. 21.305............... | am. 2002 No. 350 |
Subpart 21.L | |
Heading to Subpart L of
Part 21 | |
Renumbered
Subpart 21.L | 2002 No. 350 |
R. 21.325............... | am. 2000 No. 227; 2002 Nos. 268 and 350 |
R. 21.327............... | am. 1999 No. 166 |
R. 21.329............... | am. 1999 No. 166; 2002 No. 350 |
R. 21.331............... | am. 1999 No. 166 |
R. 21.333............... | am. 1999 No. 166 |
Subpart 21.N | |
Heading to Subpart N of
Part 21 | |
Renumbered
Subpart 21.N | 2002 No. 350 |
R. 21.500............... | am. 1999 No. 166; 2002 No. 350 |
R. 21.502............... | am. 1999 No. 166; 2002 No. 350 |
R. 21.502A............. | am. 1999 No. 166 |
Subpart 21.O | |
Heading to Subpart O of
Part 21 | |
Renumbered
Subpart 21.O | 2002 No. 350 |
R. 21.601............... | am. 2001 No. 34 |
R. 21.603............... | am. 2001 No. 34 |
| rs. 2002 No. 268 |
R. 21.605............... | am. 1999 No. 166; 2001 No. 34; 2003 No. 297 |
R. 21.607............... | am. 2001 No. 34; 2002 No. 268 |
R. 21.609............... | am. 1999 No. 166; 2001 No. 34 |
R. 21.611............... | am. 2001 No. 34; 2002 Nos. 268 and 350 |
R. 21.613............... | am. 2002 No. 268; 2003 No. 297 |
R. 21.617............... | am. 1999 No. 166 |
R. 21.619............... | am. 2001 No. 34 |
Note to r. 21.619......... | am. 2002 No. 350 |
Subpart 21.Q | |
Heading to Subpart Q of
Part 21 | |
Renumbered
Subpart 21.Q | 2002 No. 350 |
Subpart Q of Part 21....... | ad. 2000 No. 204 |
Division 21.Q.1 | |
Heading to Div. 1 of
Subpart 21.Q | |
Renumbered Div. 21.Q.1.. | 2002 No. 350 |
R. 21.805............... | ad. 2000 No. 204 |
R. 21.810............... | ad. 2000 No. 204 |
Division 21.Q.2 | |
Heading to Div. 2 of
Subpart 21.Q | |
Renumbered Div. 21.Q.2.. | 2002 No. 350 |
R. 21.815............... | ad. 2000 No. 204 |
R. 21.820............... | ad. 2000 No. 204 |
| am. 2001 No. 242; 2002 No. 268; 2005 No. 321 |
Note to r. 21.820......... | am. 2001 No. 242 |
R. 21.825............... | ad. 2000 No. 204 |
| am. 2001 No. 242; 2002 No. 268 |
Note to r. 21.825......... | am. 2001 No. 242 |
Heading to r. 21.830....... | rs. 2001 No. 242 |
R. 21.830............... | ad. 2000 No. 204 |
| am. 2001 No. 242; 2002 No. 268 |
Note to r. 21.830......... | am. 2001 No. 242 |
R. 21.835............... | ad. 2000 No. 204 |
| am. 2001 No. 242; 2002 No. 268 |
R. 21.840............... | ad. 2000 No. 204 |
| am. 2001 No. 242; 2002 No. 268 |
Division 21.Q.3 | |
Heading to Div. 3 of
Subpart 21.Q | |
Renumbered Div. 21.Q.3.. | 2002 No. 350 |
R. 21.845............... | ad. 2000 No. 204 |
| am. 2004 No. 345 |
R. 21.850............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
R. 21.855............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
Division 21.Q.4 | |
Heading to Div. 4 of
Subpart 21.Q | |
Renumbered Div. 21.Q.4.. | 2002 No. 350 |
| rs. 2003 No. 297 |
R. 21.860............... | ad. 2000 No. 204 |
| rs. 2003 No. 297 |
| am. 2004 No. 345 |
Heading to r. 21.865....... | rs. 2003 No. 297 |
R. 21.865............... | ad. 2000 No. 204 |
| am. 2001 No. 242; 2002 No. 268 |
Heading to r. 21.870....... | rs. 2001 No. 242; 2003 No. 297 |
R. 21.870............... | ad. 2000 No. 204 |
| am. 2001 No. 242; 2002 No. 268 |
Note to r. 21.870 (3)....... | rep. 2001 No. 242 |
R. 21.875............... | ad. 2003 No. 297 |
| am. 2004 No. 345 |
R. 21.880............... | ad. 2003 No. 297 |
Part 22 | |
Part 22................ | rs. 2009 No. 147 |
Table of Provisions to
Part 22 | ad. 2004 No. 345
rs. 2009 No. 147 |
R. 22.0................ | ad. 2000 No. 204 |
Renumbered r. 22.000.... | 2002 No. 350 |
R. 22.000............... | rep. 2004 No. 345 |
R. 22.1 | |
Renumbered r. 22.001.... | 2002 No. 350 |
R. 22.001............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 22.2 | |
Renumbered r. 22.002.... | 2002 No. 350 |
R. 22.002............... | am. 2002 No. 350 |
| rs. 2009 No. 147 |
R. 22.3 | |
Renumbered r. 22.003.... | 2002 No. 350 |
R. 22.003............... | rs. 2009 No. 147 |
R. 22.4 | |
Renumbered r. 22.004.... | 2002 No. 350 |
R. 22.004............... | rs. 2009 No. 147 |
R. 22.5 | |
Renumbered r. 22.005.... | 2002 No. 350 |
R. 22.005............... | am. 2002 No. 350 |
| rep. 2009 No. 147 |
R. 22.6 | |
Renumbered r. 22.006.... | 2002 No. 350 |
R. 22.006............... | rep. 2009 No. 147 |
R. 22.7 | |
Renumbered r. 22.007.... | 2002 No. 350 |
R. 22.007............... | rep. 2009 No. 147 |
R. 22.8 | |
Renumbered r. 22.008.... | 2002 No. 350 |
R. 22.008............... | am. 2002 No. 350 |
| rep. 2009 No. 147 |
R. 22.9 | |
Renumbered r. 22.009.... | 2002 No. 350 |
R. 22.009............... | rep. 2009 No. 147 |
Part 23 | |
Table of Provisions to
Part 23 | ad. 2004 No. 345 |
R. 23.0................ | ad. 2000 No. 204 |
Renumbered r. 23.000.... | 2002 No. 350 |
R. 23.000............... | rep. 2004 No. 345 |
R. 23.1 | |
Renumbered r. 23.001.... | 2002 No. 350 |
R. 23.001............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 23.2 | |
Renumbered r. 23.002.... | 2002 No. 350 |
R. 23.002............... | am. 2002 No. 350 |
| rs. 2009 No. 147 |
R. 23.3 | |
Renumbered r. 23.003.... | 2002 No. 350 |
R. 23.4 | |
Renumbered r. 23.004.... | 2002 No. 350 |
R. 23.004............... | rs. 2009 No. 147 |
R. 23.5 | |
Renumbered r. 23.005.... | 2002 No. 350 |
R. 23.005............... | rs. 2009 No. 147 |
R. 23.6 | |
Renumbered r. 23.006.... | 2002 No. 350 |
R. 23.7 | |
Renumbered r. 23.007.... | 2002 No. 350 |
R. 23.007............... | rs. 2009 No. 147 |
R. 23.8 | |
Renumbered r. 23.008.... | 2002 No. 350 |
R. 23.008............... | rs. 2009 No. 147 |
Part 25 | |
Table of Provisions to
Part 25 | ad. 2004 No. 345 |
Subpart 25.A | |
Heading to Subpart A of
Part 25 | ad. 2000 No. 227 |
Relocated and | |
Renumbered
Subpart 25.A | 2002 No. 350 |
R. 25.0................ | ad. 2000 No. 204 |
| rs. 2002 No. 350 |
Renumbered r. 25.000.... | 2002 No. 350 |
R. 25.000............... | rep. 2004 No. 345 |
R. 25.1................ | am. 2000 No. 227 |
Renumbered r. 25.001.... | 2002 No. 350 |
R. 25.001............... | rs. 2009 No. 147 |
R. 25.2 | |
Renumbered r. 25.002.... | 2002 No. 350 |
R. 25.002............... | am. 2002 No. 350 |
| rs. 2009 No. 147 |
Subpart 25.B | |
Heading to Subpart B of
Part 25 | ad. 2000 No. 227
|
Renumbered
Subpart 25.B | 2002 No. 350
rs. 2009 No. 147 |
Heading to Subpart 25.B of
Part 25 | rs. 2009 No. 147 |
R. 25.3 | |
Renumbered r. 25.003.... | 2002 No. 350 |
R. 25.4 | |
Renumbered r. 25.004.... | 2002 No. 350 |
R. 25.004............... | rs. 2009 No. 147 |
R. 25.5 | |
Renumbered r. 25.005.... | 2002 No. 350 |
R. 25.6 | |
Renumbered r. 25.006.... | 2002 No. 350 |
R. 25.006............... | rs. 2009 No. 147 |
Subpart 25.C | |
Subpart C of Part 25....... | ad. 2000 No. 227 |
Heading to Subpart C of
Part 25 | |
Renumbered
Subpart 25.C | 2002 No. 350 |
R. 25.11............... | ad. 2000 No. 227 |
Renumbered r. 25.011.... | 2002 No. 350 |
R. 25.13............... | ad. 2000 No. 227 |
Renumbered r. 25.013.... | 2002 No. 350 |
Part 26 | |
Table of Provisions to
Part 26 | ad. 2004 No. 345 |
R. 26.0................ | ad. 2000 No. 204 |
Renumbered r. 26.000.... | 2002 No. 350 |
R. 26.000............... | rep. 2004 No. 345 |
R. 26.1 | |
Renumbered r. 26.001.... | 2002 No. 350 |
R. 26.2 | |
Renumbered r. 26.002.... | 2002 No. 350 |
Part 27 | |
Heading to Part 27........ | rs. 1999 No. 166 |
Table of Provisions to
Part 27 | ad. 2004 No. 345 |
R. 27.0................ | ad. 2000 No. 204 |
Renumbered r. 27.000.... | 2002 No. 350 |
R. 27.000............... | rep. 2004 No. 345 |
R. 27.1................ | am. 1999 No. 166 |
Renumbered r. 27.001.... | 2002 No. 350 |
R. 27.001............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 27.2 | |
Renumbered r. 27.002.... | 2002 No. 350 |
R. 27.002............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 27.3 | |
Renumbered r. 27.003.... | 2002 No. 350 |
R. 27.003A.............. | ad. 2009 No. 147 |
R. 27.4 | |
Renumbered r. 27.004.... | 2002 No. 350 |
R. 27.005............... | ad. 2009 No. 147 |
Part 29 | |
Table of Provisions to
Part 29 | ad. 2004 No. 345 |
R. 29.0................ | ad. 2000 No. 204 |
Renumbered r. 29.000.... | 2002 No. 350 |
R. 29.000............... | rep. 2004 No. 345 |
R. 29.1 | |
Renumbered r. 29.001.... | 2002 No. 350 |
R. 29.001............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 29.2 | |
Renumbered r. 29.002.... | 2002 No. 350 |
R. 29.002............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 29.3 | |
Renumbered r. 29.003.... | 2002 No. 350 |
R. 29.003A.............. | ad. 2009 No. 147 |
R. 29.4 | |
Renumbered r. 29.004.... | 2002 No. 350 |
R. 29.005............... | ad. 2009 No. 147 |
Part 31 | |
Table of Provisions to
Part 31 | ad. 2004 No. 345 |
R. 31.0................ | ad. 2000 No. 204 |
Renumbered r. 31.000.... | 2002 No. 350 |
R. 31.000............... | rep. 2004 No. 345 |
R. 31.1 | |
Renumbered r. 31.001.... | 2002 No. 350 |
R. 31.2 | |
Renumbered r. 31.002.... | 2002 No. 350 |
Part 32 | |
Table of Provisions to
Part 32 | ad. 2004 No. 345 |
R. 32.0................ | ad. 2000 No. 204 |
Renumbered r. 32.000.... | 2002 No. 350 |
R. 32.000............... | rep. 2004 No. 345 |
R. 32.1 | |
Renumbered r. 32.001.... | 2002 No. 350 |
R. 32.001............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 32.2 | |
Renumbered r. 32.002.... | 2002 No. 350 |
R. 32.002............... | am. 2004 No. 345; 2009 No. 147 |
R. 32.3 | |
Renumbered r. 32.003.... | 2002 No. 350 |
R. 32.003............... | rs. 2009 No. 147 |
R. 32.4 | |
Renumbered r. 32.004.... | 2002 No. 350 |
R. 32.004............... | rs. 2009 No. 147 |
Part 33 | |
Table of Provisions to
Part 33 | ad. 2004 No. 345 |
R. 33.0................ | ad. 2000 No. 204 |
Renumbered r. 33.000.... | 2002 No. 350 |
R. 33.000............... | rep. 2004 No. 345 |
R. 33.1 | |
Renumbered r. 33.001.... | 2002 No. 350 |
R. 33.001............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 33.2 | |
Renumbered r. 33.002.... | 2002 No. 350 |
R. 33.002............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 33.3 | |
Renumbered r. 33.003.... | 2002 No. 350 |
R. 33.003A.............. | ad. 2009 No. 147 |
R. 33.4 | |
Renumbered r. 33.004.... | 2002 No. 350 |
R. 33.005............... | ad. 2009 No. 147 |
Part 35 | |
Table of Provisions to
Part 35 | ad. 2004 No. 345 |
R. 35.0................ | ad. 2000 No. 204 |
Renumbered r. 35.000.... | 2002 No. 350 |
R. 35.000............... | rep. 2004 No. 345 |
R. 35.1 | |
Renumbered r. 35.001.... | 2002 No. 350 |
R. 35.001............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 35.2 | |
Renumbered r. 35.002.... | 2002 No. 350 |
R. 35.002............... | am. 2004 No. 345 |
| rs. 2009 No. 147 |
R. 35.3 | |
Renumbered r. 35.003.... | 2002 No. 350 |
R. 35.003A.............. | ad. 2009 No. 147 |
R. 35.4 | |
Renumbered r. 35.004.... | 2002 No. 350 |
R. 35.005............... | ad. 2009 No. 147 |
Part 39 | |
Part 39................ | ad. 1999 No. 262 |
Table of Provisions to
Part 39 | ad. 2004 No. 345 |
R. 39.0................ | ad. 2000 No. 204 |
Renumbered r. 39.000.... | 2002 No. 350 |
R. 39.000............... | rep. 2004 No. 345 |
R. 39.001A............. | ad. 2009 No. 64 |
R. 39.1................ | ad. 1999 No. 262 |
Renumbered r. 39.001.... | 2002 No. 350 |
Heading to r. 39.001....... | rs. 2009 No. 64 |
R. 39.001............... | am. 2004 No. 230; 2005 No. 323; 2009 No. 64 |
R. 39.2................ | ad. 1999 No. 262 |
Renumbered r. 39.002.... | 2002 No. 350 |
Heading to r. 39.002....... | rs. 2009 No. 64 |
R. 39.002............... | am. 2002 No. 350; 2009 No. 64 |
Note to r. 39.002......... | rep. 2009 No. 64 |
R. 39.002A............. | ad. 2009 No. 64 |
R. 39.3................ | ad. 1999 No. 262 |
| rs. 2002 No. 268 |
Renumbered r. 39.003.... | 2002 No. 350 |
Heading to r. 39.003....... | rs. 2009 No. 64 |
R. 39.003............... | am. 2004 No. 134 |
| rs. 2004 No. 230 |
| am. 2009 No. 64 |
Notes 1 and 2 to r. 39.003... | rep. 2009 No. 64 |
R. 39.4................ | ad. 1999 No. 262 |
Renumbered r. 39.004.... | 2002 No. 350 |
R. 39.004............... | am. 2004 No. 230 |
| rs. 2009 No. 64 |
R. 39.5................ | ad. 1999 No. 262 |
| am. 2002 No. 350 |
Renumbered r. 39.005.... | 2002 No. 350 |
R. 39.005............... | rs. 2009 No. 64 |
R. 39.6................ | ad. 1999 No. 262 |
Renumbered r. 39.006.... | 2002 No. 350 |
Heading to r. 39.006....... | rs. 2009 No. 64 |
R. 39.006............... | am. 2009 No. 64 |
Note to r. 39.006......... | rep. 2009 No. 64 |
R. 39.7................ | ad. 1999 No. 262 |
Renumbered r. 39.007.... | 2002 No. 350 |
R. 39.007............... | am. 2002 No. 350; 2009 No. 64 |
Note to r. 39.007 (4)....... | rep. 2009 No. 64 |
Part 43 | |
Part 43................ | ad. 2000 No. 204 |
Part 45 | |
Part 45................ | ad. 2000 No. 204 |
Table of Provisions to
Part 45 | ad. 2004 No. 345 |
Subpart 45.A | |
Subpart A of Part 45 | |
Renumbered
Subpart 45.A | 2002 No. 350 |
R. 45.000............... | ad. 2000 No. 204 |
| am. 2001 No. 242; 2002 No. 350 |
| rep. 2004 No. 345 |
R. 45.005............... | ad. 2000 No. 204 |
Subpart 45.B | |
Subpart B of Part 45 | |
Renumbered
Subpart 45.B | 2002 No. 350 |
Division 45.B.1 | |
Div. 1 of Subpart 45.B | |
Renumbered Div. 45.B.1.. | 2002 No. 350 |
R. 45.010............... | ad. 2000 No. 204 |
R. 45.015............... | ad. 2000 No. 204 |
R. 45.020............... | ad. 2000 No. 204 |
| am. 2002 No. 350; 2004 No. 134 |
R. 45.025............... | ad. 2000 No. 204 |
| am. 2004 No. 134 |
R. 45.030............... | ad. 2000 No. 204 |
R. 45.035............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
R. 45.040............... | ad. 2000 No. 204 |
R. 45.045............... | ad. 2000 No. 204 |
R. 45.050............... | ad. 2000 No. 204 |
R. 45.055............... | ad. 2000 No. 204 |
Heading to r. 45.060....... | rs. 2001 No. 242 |
R. 45.060............... | ad. 2000 No. 204 |
| am. 2001 No. 242 |
R. 45.065............... | ad. 2000 No. 204 |
| am. 2001 No. 242 |
R. 45.070............... | ad. 2000 No. 204 |
R. 45.075............... | ad. 2000 No. 204 |
R. 45.080............... | ad. 2000 No. 204 |
R. 45.085............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
R. 45.090............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
Division 45.B.2 | |
Div. 2 of Subpart 45.B | |
Renumbered Div. 45.B.2.. | 2002 No. 350 |
R. 45.095............... | ad. 2000 No. 204 |
R. 45.100............... | ad. 2000 No. 204 |
Note to r. 45.100 (2)....... | am. 2002 No. 350 |
R. 45.105............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
R. 45.110............... | ad. 2000 No. 204 |
Division 45.B.3 | |
Div. 3 of Subpart 45.B | |
Renumbered Div. 45.B.3.. | 2002 No. 350 |
R. 45.115............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
Subpart 45.C | |
Subpart C of Part 45 | |
Renumbered
Subpart 45.C | 2002 No. 350 |
R. 45.120............... | ad. 2000 No. 204 |
| am. 2002 No. 350 |
R. 45.125............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
R. 45.130............... | ad. 2000 No. 204 |
Subpart 45.D | |
Subpart D of Part 45 | |
Renumbered
Subpart 45.D | 2002 No. 350 |
R. 45.135............... | ad. 2000 No. 204 |
R. 45.140............... | ad. 2000 No. 204 |
| am. 2004 No. 134 |
R. 45.145............... | ad. 2000 No. 204 |
| rs. 2002 No. 268 |
R. 45.150............... | ad. 2000 No. 204 |
| am. 2001 No. 242 |
R. 45.155............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
Note to r. 45.155 (1)....... | am. 2002 No. 350 |
R. 45.160............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
Subpart 45.E | |
Subpart E of Part 45 | |
Renumbered
Subpart 45.E | 2002 No. 350 |
R. 45.165............... | ad. 2000 No. 204 |
R. 45.170............... | ad. 2000 No. 204 |
| am. 2002 No. 268 |
Part 47 | |
Part 47................ | ad. 2000 No. 204 |
| rs. 2004 No. 134 |
Subpart 47.A | |
R. 47.005............... | ad. 2004 No. 134 |
R. 47.010............... | ad. 2004 No. 134 |
R. 47.015............... | ad. 2004 No. 134 |
R. 47.020............... | ad. 2004 No. 134 |
Subpart 47.B | |
R. 47.025............... | ad. 2004 No. 134 |
R. 47.030............... | ad. 2004 No. 134 |
R. 47.035............... | ad. 2004 No. 134 |
| rs. 2004 No. 345 |
R. 47.040............... | ad. 2004 No. 134 |
| am. 2004 No. 345 |
R. 47.045............... | ad. 2004 No. 134 |
R. 47.050............... | ad. 2004 No. 134 |
R. 47.055............... | ad. 2004 No. 134 |
Subpart 47.C | |
R. 47.060............... | ad. 2004 No. 134 |
R. 47.065............... | ad. 2004 No. 134 |
| am. 2004 No. 345 |
Note 2 to r. 47.065........ | rs. 2004 No. 345 |
R. 47.070............... | ad. 2004 No. 134 |
R. 47.075............... | ad. 2004 No. 134 |
R. 47.080............... | ad. 2004 No. 134 |
R. 47.085............... | ad. 2004 No. 134 |
R. 47.090............... | ad. 2004 No. 134 |
R. 47.095............... | ad. 2004 No. 134 |
Subpart 47.D | |
R. 47.100............... | ad. 2004 No. 134 |
| am. 2004 No. 345 |
Subpart 47.E | |
R. 47.105............... | ad. 2004 No. 134 |
R. 47.110............... | ad. 2004 No. 134 |
| am. 2009 No. 232 |
Subpart 47.F | |
R. 47.115............... | ad. 2004 No. 134 |
R. 47.120............... | ad. 2004 No. 134 |
| am. 2004 No. 345 |
R. 47.125............... | ad. 2004 No. 134 |
R. 47.130............... | ad. 2004 No. 134 |
| am. 2009 No. 232 |
R. 47.135............... | ad. 2004 No. 134 |
| am. 2004 No. 345 |
Subpart 47.G | |
R. 47.140............... | ad. 2004 No. 134 |
R. 47.145............... | ad. 2004 No. 134 |
R. 47.150............... | ad. 2004 No. 134 |
R. 47.155............... | ad. 2004 No. 134 |
R. 47.160............... | ad. 2004 No. 134 |
| am. 2004 No. 345 |
R. 47.165............... | ad. 2004 No. 134 |
| am. 2004 No. 345 |
Subpart 47.H | |
R. 47.170............... | ad. 2004 No. 134 |
R. 47.175............... | ad. 2004 No. 134 |
R. 47.180............... | ad. 2004 No. 134 |
R. 47.185............... | ad. 2004 No. 134 |
R. 47.190............... | ad. 2004 No. 134 |
R. 47.195............... | ad. 2004 No. 134 |
R. 47.200............... | ad. 2004 No. 134 |
R. 47.205............... | ad. 2004 No. 134 |
R. 47.210............... | ad. 2004 No. 134 |
R. 47.215............... | ad. 2004 No. 134 |
R. 47.220............... | ad. 2004 No. 134 |
R. 47.225............... | ad. 2004 No. 134 |
Part 60 | |
Part 60................ | ad. 2003 No. 240 |
Table of Provisions to
Part 60 | ad. 2004 No. 345 |
Subpart 60.A | |
R. 60.000............... | ad. 2003 No. 240 |
| rep. 2004 No. 345 |
R. 60.005............... | ad. 2003 No. 240 |
R. 60.010............... | ad. 2003 No. 240 |
Subpart 60.B | |
R. 60.015............... | ad. 2003 No. 240 |
R. 60.020............... | ad. 2003 No. 240 |
R. 60.025............... | ad. 2003 No. 240 |
R. 60.030............... | ad. 2003 No. 240 |
R. 60.035............... | ad. 2003 No. 240 |
R. 60.040............... | ad. 2003 No. 240 |
R. 60.045............... | ad. 2003 No. 240 |
R. 60.050............... | ad. 2003 No. 240 |
R. 60.055............... | ad. 2003 No. 240 |
R. 60.060............... | ad. 2003 No. 240 |
R. 60.065............... | ad. 2003 No. 240 |
R. 60.070............... | ad. 2003 No. 240 |
R. 60.075............... | ad. 2003 No. 240 |
R. 60.080............... | ad. 2003 No. 240 |
R. 60.085............... | ad. 2003 No. 240 |
R. 60.090............... | ad. 2003 No. 240 |
R. 60.095............... | ad. 2003 No. 240 |
Subpart 60.C | |
Subpart 60.C of Part 60.... | ad. 2003 No. 240 |
Part 61 | |
Part 61................ | ad. 2000 No. 204 |
Part 63 | |
Part 63................ | ad. 2000 No. 204 |
Part 64 | |
Part 64................ | ad. 2000 No. 204 |
Part 65 | |
Part 65................ | ad. 2000 No. 204 |
| rs. 2002 No. 167 |
Table of Provisions to
Part 65 | ad. 2004 No. 345 |
Subpart 65.A | |
Subpart A of Part 65 | |
Renumbered
Subpart 65.A | 2004 No. 345 |
R. 65.000............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 65.005............... | ad. 2002 No. 167 |
| rs. 2003 No. 75 |
R. 65.010............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.015............... | ad. 2002 No. 167 |
R. 65.020............... | ad. 2002 No. 167 |
R. 65.025............... | ad. 2002 No. 167 |
R. 65.030............... | ad. 2002 No. 167 |
R. 65.033............... | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Note to r. 65.033 (1)....... | rs. 2005 No. 323 |
R. 65.033A............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 65.033B............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 65.033C............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 65.033D............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 65.033E............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 65.033F.............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 65.033G............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 65.033H............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
Subpart 65.B | |
Subpart B of Part 65 | |
Renumbered
Subpart 65.B | 2004 No. 345 |
R. 65.035............... | ad. 2002 No. 167 |
R. 65.040............... | ad. 2002 No. 167 |
R. 65.045............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.050............... | ad. 2002 No. 167 |
R. 65.055............... | ad. 2002 No. 167 |
R. 65.060............... | ad. 2002 No. 167 |
R. 65.065............... | ad. 2002 No. 167 |
| rs. 2003 No. 75 |
Subpart 65.C | |
Subpart C of Part 65 | |
Renumbered
Subpart 65.C | 2004 No. 345 |
Division 65.C.1 | |
Div. 1 of Subpart C of
Part 65 | |
Renumbered Div. 65.C.1.. | 2004 No. 345 |
R. 65.070............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.075............... | ad. 2002 No. 167 |
R. 65.080............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
Heading to r. 65.085....... | rs. 2003 No. 75 |
R. 65.085............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.090............... | ad. 2002 No. 167 |
R. 65.095............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.100............... | ad. 2002 No. 167 |
R. 65.105............... | ad. 2002 No. 167 |
R. 65.110............... | ad. 2002 No. 167 |
R. 65.115............... | ad. 2002 No. 167 |
R. 65.120............... | ad. 2002 No. 167 |
Division 65.C.2 | |
Div. 2 of Subpart C of
Part 65 | |
Renumbered Div. 65.C.2.. | 2004 No. 345 |
R. 65.125............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.130............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.135............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.140............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.145............... | ad. 2002 No. 167 |
R. 65.150............... | ad. 2002 No. 167 |
R. 65.155............... | ad. 2002 No. 167 |
R. 65.160............... | ad. 2002 No. 167 |
R. 65.165............... | ad. 2002 No. 167 |
R. 65.170............... | ad. 2002 No. 167 |
Subpart 65.E | |
Subpart E of Part 65 | |
Renumbered
Subpart 65.E | 2004 No. 345 |
Division 65.E.1 | |
Div. 1 of Subpart E of
Part 65 | |
Renumbered Div. 65.E.1.. | 2004 No. 345 |
R. 65.175............... | ad. 2002 No. 167 |
R. 65.180............... | ad. 2002 No. 167 |
R. 65.185............... | ad. 2002 No. 167 |
R. 65.190............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.195............... | ad. 2002 No. 167 |
R. 65.200............... | ad. 2002 No. 167 |
R. 65.205............... | ad. 2002 No. 167 |
R. 65.210............... | ad. 2002 No. 167 |
| rep. 2003 No. 75 |
R. 65.215............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.220............... | ad. 2002 No. 167 |
R. 65.225............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.230............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.235............... | ad. 2002 No. 167 |
R. 65.240............... | ad. 2002 No. 167 |
R. 65.245............... | ad. 2002 No. 167 |
Division 65.E.2 | |
Div. 2 of Subpart E of
Part 65 | |
Renumbered Div. 65.E.2.. | 2004 No. 345 |
R. 65.250............... | ad. 2002 No. 167 |
Division 65.E.3 | |
Div. 3 of Subpart E of
Part 65 | |
Renumbered Div. 65.E.3.. | 2004 No. 345 |
R. 65.255............... | ad. 2002 No. 167 |
Heading to r. 65.260....... | rs. 2003 No. 75 |
R. 65.260............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.265............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.270............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.275............... | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 65.280............... | ad. 2002 No. 167 |
Part 66 | |
Part 66................ | ad. 2000 No. 204 |
Part 67 | |
Part 67................ | ad. 2000 No. 204 |
| rs. 2003 No. 232 |
Subpart 67.A | |
R. 67.005............... | ad. 2003 No. 232 |
R. 67.010............... | ad. 2003 No. 232 |
| am. 2005 No. 207 |
R. 67.015............... | ad. 2003 No. 232 |
R. 67.020............... | ad. 2003 No. 232 |
Subpart 67.B | |
R. 67.025............... | ad. 2003 No. 232 |
| am. 2005 No. 207 |
R. 67.030............... | ad. 2003 No. 232 |
R. 67.035............... | ad. 2003 No. 232 |
R. 67.040............... | ad. 2003 No. 232 |
R. 67.045............... | ad. 2003 No. 232 |
R. 67.050............... | ad. 2003 No. 232 |
R. 67.055............... | ad. 2003 No. 232 |
R. 67.060............... | ad. 2003 No. 232 |
R. 67.065............... | ad. 2003 No. 232 |
| am. 2005 No. 207 |
R. 67.070............... | ad. 2003 No. 232 |
R. 67.075............... | ad. 2003 No. 232 |
| am. 2005 No. 207 |
R. 67.080............... | ad. 2003 No. 232 |
R. 67.085............... | ad. 2003 No. 232 |
R. 67.090............... | ad. 2003 No. 232 |
R. 67.095............... | ad. 2003 No. 232 |
R. 67.100............... | ad. 2003 No. 232 |
R. 67.105............... | ad. 2003 No. 232 |
R. 67.110............... | ad. 2003 No. 232 |
R. 67.115............... | ad. 2003 No. 232 |
Heading to r. 67.120....... | rs. 2004 No. 345 |
R. 67.120............... | ad. 2003 No. 232 |
R. 67.125............... | ad. 2003 No. 232 |
R. 67.130............... | ad. 2003 No. 232 |
R. 67.135............... | ad. 2003 No. 232 |
R. 67.140............... | ad. 2003 No. 232 |
R. 67.141............... | ad. 2003 No. 232 |
| rep. 2004 No. 345 |
Subpart 67.C | |
R. 67.145............... | ad. 2003 No. 232 |
R. 67.150............... | ad. 2003 No. 232 |
| am. 2004 No. 345 |
R. 67.155............... | ad. 2003 No. 232 |
| am. 2004 No. 345 |
R. 67.160............... | ad. 2003 No. 232 |
| am. 2004 No. 345 |
R. 67.165............... | ad. 2003 No. 232 |
R. 67.170............... | ad. 2003 No. 232 |
R. 67.175............... | ad. 2003 No. 232 |
R. 67.180............... | ad. 2003 No. 232 |
| am. 2004 No. 345 |
R. 67.185............... | ad. 2003 No. 232 |
R. 67.190............... | ad. 2003 No. 232 |
R. 67.195............... | ad. 2003 No. 232 |
R. 67.200............... | ad. 2003 No. 232 |
R. 67.205............... | ad. 2003 No. 232 |
R. 67.210............... | ad. 2003 No. 232 |
R. 67.215............... | ad. 2003 No. 232 |
R. 67.220............... | ad. 2003 No. 232 |
R. 67.225............... | ad. 2003 No. 232 |
R. 67.230............... | ad. 2003 No. 232 |
R. 67.235............... | ad. 2003 No. 232 |
R. 67.240............... | ad. 2003 No. 232 |
R. 67.245............... | ad. 2003 No. 232 |
R. 67.250............... | ad. 2003 No. 232 |
R. 67.255............... | ad. 2003 No. 232 |
R. 67.260............... | ad. 2003 No. 232 |
Subpart 67.D | |
R. 67.265............... | ad. 2003 No. 232 |
R. 67.270............... | ad. 2003 No. 232 |
R. 67.275............... | ad. 2003 No. 232 |
Part 71 | |
Part 71................ | ad. 2000 No. 204 |
Part 90 | |
Part 90................ | ad. 2000 No. 204 |
| rs. 2010 No. 277 |
Part 91 | |
Part 91................ | ad. 2000 No. 204 |
| rs. 2005 No. 323 |
Subpart 91.A | |
R. 91.005............... | ad. 2005 No. 323 |
Subpart 91.D | |
R. 91.830............... | ad. 2005 No. 323 |
R. 91.850............... | ad. 2005 No. 323 |
R. 91.865............... | ad. 2005 No. 323 |
R. 91.870............... | ad. 2005 No. 323 |
R. 91.875............... | ad. 2005 No. 323 |
R. 91.880............... | ad. 2005 No. 323 |
R. 91.885............... | ad. 2005 No. 323 |
R. 91.890............... | ad. 2005 No. 323 |
Subpart 91.U | |
Division 91.U.1 | |
R. 91.5000.............. | ad. 2005 No. 323 |
R. 91.5005.............. | ad. 2005 No. 323 |
R. 91.5010.............. | ad. 2005 No. 323 |
R. 91.5015.............. | ad. 2005 No. 323 |
R. 91.5020.............. | ad. 2005 No. 323 |
R. 91.5025.............. | ad. 2005 No. 323 |
R. 91.5030.............. | ad. 2005 No. 323 |
Division 91.U.4 | |
R. 91.5150.............. | ad. 2005 No. 323 |
R. 91.5155.............. | ad. 2005 No. 323 |
R. 91.5160.............. | ad. 2005 No. 323 |
R. 91.5165.............. | ad. 2005 No. 323 |
R. 91.5170.............. | ad. 2005 No. 323 |
Part 92 | |
Part 92................ | ad. 2003 No. 365 |
Subpart 92.A | |
R. 92.005............... | ad. 2003 No. 365 |
R. 92.010............... | ad. 2003 No. 365 |
R. 92.015............... | ad. 2003 No. 365 |
Subpart 92.B | |
R. 92.020............... | ad. 2003 No. 365 |
R. 92.025............... | ad. 2003 No. 365 |
R. 92.030............... | ad. 2003 No. 365 |
R. 92.035............... | ad. 2003 No. 365 |
R. 92.040............... | ad. 2003 No. 365 |
R. 92.045............... | ad. 2003 No. 365 |
R. 92.050............... | ad. 2003 No. 365 |
R. 92.055............... | ad. 2003 No. 365 |
R. 92.060............... | ad. 2003 No. 365 |
R. 92.065............... | ad. 2003 No. 365 |
R. 92.070............... | ad. 2003 No. 365 |
R. 92.075............... | ad. 2003 No. 365 |
R. 92.080............... | ad. 2003 No. 365 |
Subpart 92.C | |
R. 92.085............... | ad. 2003 No. 365 |
| am. 2003 No. 365 |
R. 92.090............... | ad. 2003 No. 365 |
R. 92.095............... | ad. 2003 No. 365 |
R. 92.100............... | ad. 2003 No. 365 |
R. 92.105............... | ad. 2003 No. 365 |
R. 92.110............... | ad. 2003 No. 365 |
R. 92.115............... | ad. 2003 No. 365 |
Note 1 to r. 92.115 (4)...... | am. 2003 No. 365 |
Note 2 to r. 92.115 (4)...... | rep. 2003 No. 365 |
R. 92.120............... | ad. 2003 No. 365 |
R. 92.125............... | ad. 2003 No. 365 |
R. 92.130............... | ad. 2003 No. 365 |
R. 92.135............... | ad. 2003 No. 365 |
R. 92.140............... | ad. 2003 No. 365 |
R. 92.145............... | ad. 2003 No. 365 |
| am. 2003 No. 365 |
Heading to r. 92.150....... | rs. 2004 No. 345 |
R. 92.150............... | ad. 2003 No. 365 |
| am. 2003 No. 365 |
R. 92.155............... | ad. 2003 No. 365 |
| am. 2003 No. 365 |
Subpart 92.D | |
R. 92.160............... | ad. 2003 No. 365 |
R. 92.165............... | ad. 2003 No. 365 |
R. 92.170............... | ad. 2003 No. 365 |
| am. 2004 No. 345 |
R. 92.175............... | ad. 2003 No. 365 |
R. 92.180............... | ad. 2003 No. 365 |
R. 92.185............... | ad. 2003 No. 365 |
R. 92.190............... | ad. 2003 No. 365 |
R. 92.195............... | ad. 2003 No. 365 |
| am. 2004 No. 222 |
| rs. 2008 No. 274 |
Subpart 92.E | |
Subpart 92.E............ | ad. 2003 No. 365 |
R. 92.200............... | ad. 2003 No. 365 |
R. 92.205............... | ad. 2003 No. 365 |
Part 99 | |
Part 99................ | ad. 2008 No. 192 |
R. 99.005............... | ad. 2008 No. 192 |
Subpart 99.A | |
R. 99.010............... | ad. 2008 No. 192 |
| am. 2008 No. 275 |
R. 99.015............... | ad. 2008 No. 192 |
R. 99.020............... | ad. 2008 No. 192 |
Subpart 99.B | |
Division 99.B.1 | |
R. 99.025............... | ad. 2008 No. 192 |
Division 99.B.2 | |
R. 99.030............... | ad. 2008 No. 192 |
R. 99.035............... | ad. 2008 No. 192 |
R. 99.040............... | ad. 2008 No. 192 |
Division 99.B.3 | |
Subdivision 99.B.3.1 | |
R. 99.045............... | ad. 2008 No. 192 |
Subdivision 99.B.3.2 | |
R. 99.050............... | ad. 2008 No. 192 |
R. 99.055............... | ad. 2008 No. 192 |
R. 99.060............... | ad. 2008 No. 192 |
Subdivision 99.B.3.3 | |
R. 99.065............... | ad. 2008 No. 192 |
R. 99.070............... | ad. 2008 No. 192 |
R. 99.075............... | ad. 2008 No. 192 |
Subdivision 99.B.3.4 | |
R. 99.080............... | ad. 2008 No. 192 |
Division 99.B.4 | |
R. 99.085............... | ad. 2008 No. 192 |
R. 99.090............... | ad. 2008 No. 192 |
R. 99.095............... | ad. 2008 No. 192 |
Division 99.B.5 | |
R. 99.100............... | ad. 2008 No. 192 |
R. 99.105............... | ad. 2008 No. 192 |
Subpart 99.C | |
Division 99.C.1 | |
R. 99.110............... | ad. 2008 No. 192 |
Subdivision 99.C.1.1 | |
R. 99.115............... | ad. 2008 No. 192 |
R. 99.120............... | ad. 2008 No. 192 |
Subdivision 99.C.1.2 | |
R. 99.125............... | ad. 2008 No. 192 |
Subdivision 99.C.1.3 | |
R. 99.130............... | ad. 2008 No. 192 |
Division 99.C.2 | |
Subdivision 99.C.2.1 | |
R. 99.135............... | ad. 2008 No. 192 |
R. 99.140............... | ad. 2008 No. 192 |
R. 99.145............... | ad. 2008 No. 192 |
R. 99.150............... | ad. 2008 No. 192 |
Subdivision 99.C.2.2 | |
R. 99.155............... | ad. 2008 No. 192 |
R. 99.160............... | ad. 2008 No. 192 |
R. 99.165............... | ad. 2008 No. 192 |
R. 99.170............... | ad. 2008 No. 192 |
R. 99.175............... | ad. 2008 No. 192 |
R. 99.180............... | ad. 2008 No. 192 |
R. 99.185............... | ad. 2008 No. 192 |
Subdivision 99.C.2.3 | |
R. 99.190............... | ad. 2008 No. 192 |
R. 99.195............... | ad. 2008 No. 192 |
Subdivision 99.C.2.4 | |
R. 99.200............... | ad. 2008 No. 192 |
R. 99.205............... | ad. 2008 No. 192 |
R. 99.210............... | ad. 2008 No. 192 |
R. 99.215............... | ad. 2008 No. 192 |
R. 99.220............... | ad. 2008 No. 192 |
R. 99.225............... | ad. 2008 No. 192 |
R. 99.230............... | ad. 2008 No. 192 |
Subdivision 99.C.2.5 | |
R. 99.235............... | ad. 2008 No. 192 |
Division 99.C.3 | |
R. 99.240............... | ad. 2008 No. 192 |
R. 99.245............... | ad. 2008 No. 192 |
R. 99.250............... | ad. 2008 No. 192 |
R. 99.255............... | ad. 2008 No. 192 |
R. 99.260............... | ad. 2008 No. 192 |
R. 99.265............... | ad. 2008 No. 192 |
R. 99.270............... | ad. 2008 No. 192 |
Subpart 99.D | |
Division 99.D.1 | |
R. 99.275............... | ad. 2008 No. 192 |
Division 99.D.2 | |
R. 99.280............... | ad. 2008 No. 192 |
R. 99.285............... | ad. 2008 No. 192 |
R. 99.290............... | ad. 2008 No. 192 |
R. 99.295............... | ad. 2008 No. 192 |
R. 99.300............... | ad. 2008 No. 192 |
R. 99.305............... | ad. 2008 No. 192 |
R. 99.310............... | ad. 2008 No. 192 |
Division 99.D.3 | |
R. 99.315............... | ad. 2008 No. 192 |
Subpart 99.E | |
Division 99.E.1 | |
R. 99.320............... | ad. 2008 No. 192 |
Division 99.E.2 | |
Subdivision 99.E.2.1 | |
R. 99.325............... | ad. 2008 No. 192 |
R. 99.330............... | ad. 2008 No. 192 |
R. 99.335............... | ad. 2008 No. 192 |
R. 99.340............... | ad. 2008 No. 192 |
R. 99.345............... | ad. 2008 No. 192 |
R. 33.350............... | ad. 2008 No. 192 |
Subdivision 99.E.2.2 | |
R. 99.355............... | ad. 2008 No. 192 |
R. 99.360............... | ad. 2008 No. 192 |
R. 99.365............... | ad. 2008 No. 192 |
R. 99.370............... | ad. 2008 No. 192 |
R. 99.375............... | ad. 2008 No. 192 |
Subdivision 99.E.2.3 | |
R. 99.380............... | ad. 2008 No. 192 |
R. 99.385............... | ad. 2008 No. 192 |
Division 99.E.3 | |
R. 99.390............... | ad. 2008 No. 192 |
Subpart 99.F | |
Division 99.F.1 | |
R. 99.395............... | ad. 2008 No. 192 |
Division 99.F.2 | |
R. 99.400............... | ad. 2008 No. 192 |
| am. 2010 No. 120 |
R. 99.405............... | ad. 2008 No. 192 |
| am. 2010 No. 120 |
Subpart 99.G | |
Division 99.G.1 | |
R. 99.410............... | ad. 2008 No. 192 |
R. 99.415............... | ad. 2008 No. 192 |
| am. 2010 No. 120 |
R. 99.420............... | ad. 2008 No. 192 |
R. 99.425............... | ad. 2008 No. 192 |
R. 99.430............... | ad. 2008 No. 192 |
R. 99.435............... | ad. 2008 No. 192 |
Subpart 99.H | |
Division 99.H.1 | |
R. 99.440............... | ad. 2008 No. 192 |
Division 99.H.2 | |
R. 99.445............... | ad. 2008 No. 192 |
R. 99.450............... | ad. 2008 No. 192 |
| am. 2008 No. 275 |
Division 99.H.3 | |
R. 99.455............... | ad. 2008 No. 192 |
R. 99.460............... | ad. 2008 No. 192 |
Division 99.H.4 | |
R. 99.465............... | ad. 2008 No. 192 |
Division 99.H.5 | |
R. 99.470............... | ad. 2008 No. 192 |
R. 99.475............... | ad. 2008 No. 192 |
R. 99.480............... | ad. 2008 No. 192 |
R. 99.485............... | ad. 2008 No. 192 |
R. 99.490............... | ad. 2008 No. 192 |
Division 99.H.6 | |
R. 99.495............... | ad. 2008 No. 192 |
Part 101 | |
Part 101............... | ad. 2000 No. 204 |
| rs. 2001 No. 349 |
Table of Provisions to
Part 101 | ad. 2004 No. 345 |
Subpart 101.A | |
Subpart A of Part 101 | |
Renumbered
Subpart 101.A | 2004 No. 345 |
R. 101.000.............. | ad. 2001 No. 349 |
| rep. 2004 No. 345 |
R. 101.005.............. | ad. 2001 No. 349 |
R. 101.010.............. | ad. 2001 No. 349 |
R. 101.015.............. | ad. 2001 No. 349 |
| am. 2004 No. 345 |
R. 101.020.............. | ad. 2001 No. 349 |
| rs. 2002 No. 266 |
R. 101.025.............. | ad. 2001 No. 349 |
R. 101.030.............. | ad. 2001 No. 349 |
R. 101.035.............. | ad. 2001 No. 349 |
R. 101.040.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.045.............. | ad. 2001 No. 349 |
Subpart 101.B | |
Subpart B of Part 101 | |
Renumbered
Subpart 101.B | 2004 No. 345 |
R. 101.050.............. | ad. 2001 No. 349 |
R. 101.055.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Subpart 101.C | |
Subpart C of Part 101 | |
Renumbered
Subpart 101.C | 2004 No. 345 |
R. 101.060.............. | ad. 2001 No. 349 |
R. 101.065.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Note to r. 101.065 (1)...... | rs. 2007 No. 172 |
R. 101.070.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.075.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.080.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.085.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.090.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.095.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Subpart 101.D | |
Subpart D of Part 101 | |
Renumbered
Subpart 101.D | 2004 No. 345 |
R. 101.100.............. | ad. 2001 No. 349 |
R. 101.105.............. | ad. 2001 No. 349 |
R. 101.110.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.115.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.120.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.125.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.130.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.135.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Subpart 101.E | |
Subpart E of Part 101 | |
Renumbered
Subpart 101.E | 2004 No. 345 |
R. 101.140.............. | ad. 2001 No. 349 |
R. 101.145.............. | ad. 2001 No. 349 |
R. 101.150.............. | ad. 2001 No. 349 |
R. 101.155.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.160.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.165.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.170.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.175.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.180.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.185.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.190.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.195.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.200.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.205.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.210.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.215.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.220.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.225.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.230.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Subpart 101.F | |
Subpart F of Part 101 | |
Renumbered
Subpart 101.F | 2004 No. 345 |
Division 101.F.1 | |
Div. 1 of Subpart F of
Part 101 | |
Renumbered Div. 101.F.1.. | 2004 No. 345 |
R. 101.235.............. | ad. 2001 No. 349 |
R. 101.240.............. | ad. 2001 No. 349 |
Division 101.F.2 | |
Div. 2 of Subpart F of
Part 101 | |
Renumbered Div. 101.F.2.. | 2004 No. 345 |
R. 101.245.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.250.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.255.............. | ad. 2001 No. 349 |
| am. 2002 Nos. 349 and 350 |
R. 101.260.............. | ad. 2001 No. 349 |
R. 101.265.............. | ad. 2001 No. 349 |
R. 101.270.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.275.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.280.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.285.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Division 101.F.3 | |
Div. 3 of Subpart F of
Part 101 | |
Renumbered Div. 101.F.3.. | 2004 No. 345 |
R. 101.290.............. | ad. 2001 No. 349 |
R. 101.295.............. | ad. 2001 No. 349 |
R. 101.300.............. | ad. 2001 No. 349 |
R. 101.305.............. | ad. 2001 No. 349 |
Note to r. 101.305........ | am. 2002 No. 350 |
R. 101.310.............. | ad. 2001 No. 349 |
R. 101.315.............. | ad. 2001 No. 349 |
Note to r. 101.315........ | am. 2002 No. 350 |
R. 101.320.............. | ad. 2001 No. 349 |
Note to r. 101.320........ | am. 2002 No. 350 |
R. 101.325.............. | ad. 2001 No. 349 |
Division 101.F.4 | |
Div. 4 of Subpart F of
Part 101 | |
Renumbered Div. 101.F.4.. | 2004 No. 345 |
R. 101.330.............. | ad. 2001 No. 349 |
R. 101.335.............. | ad. 2001 No. 349 |
R. 101.340.............. | ad. 2001 No. 349 |
R. 101.345.............. | ad. 2001 No. 349 |
Note to r. 101.345........ | am. 2002 No. 350 |
R. 101.350.............. | ad. 2001 No. 349 |
R. 101.355.............. | ad. 2001 No. 349 |
R. 101.360.............. | ad. 2001 No. 349 |
Note to r. 101.360........ | am. 2002 No. 350 |
R. 101.365.............. | ad. 2001 No. 349 |
Note to r. 101.365........ | am. 2002 No. 350 |
R. 101.370.............. | ad. 2001 No. 349 |
Subpart 101.G | |
Subpart G of Part 101 | |
Renumbered
Subpart 101.G | 2004 No. 345 |
R. 101.375.............. | ad. 2001 No. 349 |
R. 101.380.............. | ad. 2001 No. 349 |
R. 101.385.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.390.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.395.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.400.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.405.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.410.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Subpart 101.H | |
Subpart H of Part 101 | |
Renumbered
Subpart 101.H | 2004 No. 345 |
R. 101.415.............. | ad. 2001 No. 349 |
R. 101.420.............. | ad. 2001 No. 349 |
R. 101.425.............. | ad. 2001 No. 349 |
R. 101.430.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Note to r. 101.430 (1)...... | rs. 2007 No. 172 |
R. 101.435.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.440.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.445.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.450.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.455.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.460.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.465.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.470.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Subpart 101.I | |
Subpart I of Part 101 | |
Renumbered
Subpart 101.I | 2004 No. 345 |
R. 101.475.............. | ad. 2001 No. 349 |
R. 101.480.............. | ad. 2001 No. 349 |
R. 101.485.............. | ad. 2001 No. 349 |
R. 101.490.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.495.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
R. 101.500.............. | ad. 2001 No. 349 |
| am. 2002 No. 349 |
Part 103 | |
Part 103............... | ad. 2000 No. 204 |
Part 105 | |
Part 105............... | ad. 2000 No. 204 |
Part 115 | |
Part 115............... | ad. 2000 No. 204 |
Part 119 | |
Part 119............... | ad. 2000 No. 204 |
Part 121 | |
Part 121............... | ad. 2000 No. 204 |
Part 129 | |
Part 129............... | ad. 2000 No. 204 |
Part 133 | |
Part 133............... | ad. 2000 No. 204 |
Part 137 | |
Part 137............... | ad. 2000 No. 204 |
| rs. 2007 No. 41 |
Subpart 137.A | |
R. 137.005.............. | ad. 2007 No. 41 |
R. 137.010.............. | ad. 2007 No. 41 |
Subpart 137.B | |
R. 137.015.............. | ad. 2007 No. 41 |
R. 137.020.............. | ad. 2007 No. 41 |
R. 137.025.............. | ad. 2007 No. 41 |
R. 137.030.............. | ad. 2007 No. 41 |
Subpart 137.C | |
R. 137.035.............. | ad. 2007 No. 41 |
R. 137.040.............. | ad. 2007 No. 41 |
R. 137.045.............. | ad. 2007 No. 41 |
R. 137.050.............. | ad. 2007 No. 41 |
R. 137.055.............. | ad. 2007 No. 41 |
R. 137.060.............. | ad. 2007 No. 41 |
R. 137.065.............. | ad. 2007 No. 41 |
R. 137.070.............. | ad. 2007 No. 41 |
R. 137.075.............. | ad. 2007 No. 41 |
R. 137.080.............. | ad. 2007 No. 41 |
R. 137.085.............. | ad. 2007 No. 41 |
R. 137.090.............. | ad. 2007 No. 41 |
Subpart 137.D | |
R. 137.095.............. | ad. 2007 No. 41 |
R. 137.100.............. | ad. 2007 No. 41 |
R. 137.105.............. | ad. 2007 No. 41 |
R. 137.110.............. | ad. 2007 No. 41 |
R. 137.115.............. | ad. 2007 No. 41 |
R. 137.120.............. | ad. 2007 No. 41 |
R. 137.125.............. | ad. 2007 No. 41 |
R. 137.130.............. | ad. 2007 No. 41 |
R. 137.135.............. | ad. 2007 No. 41 |
R. 137.140.............. | ad. 2007 No. 41 |
R. 137.145.............. | ad. 2007 No. 41 |
R. 137.150.............. | ad. 2007 No. 41 |
R. 137.155.............. | ad. 2007 No. 41 |
R. 137.160.............. | ad. 2007 No. 41 |
R. 137.165.............. | ad. 2007 No. 41 |
R. 137.170.............. | ad. 2007 No. 41 |
R. 137.175.............. | ad. 2007 No. 41 |
Subpart 137.E | |
Subpart 137.E of Part 137... | ad. 2007 No. 41 |
Subpart 137.H | |
R. 137.180.............. | ad. 2007 No. 41 |
R. 137.185.............. | ad. 2007 No. 41 |
Subpart 137.J | |
R. 137.190.............. | ad. 2007 No. 41 |
R. 137.195.............. | ad. 2007 No. 41 |
Subpart 137.K | |
R. 137.200.............. | ad. 2007 No. 41 |
R. 137.210.............. | ad. 2007 No. 41 |
R. 137.215.............. | ad. 2007 No. 41 |
R. 137.220.............. | ad. 2007 No. 41 |
R. 137.225.............. | ad. 2007 No. 41 |
Subpart 137.M | |
R. 137.230.............. | ad. 2007 No. 41 |
Subpart 137.N | |
R. 137.235.............. | ad. 2007 No. 41 |
R. 137.240.............. | ad. 2007 No. 41 |
Subpart 137.P | |
R. 137.245.............. | ad. 2007 No. 41 |
R. 137.250.............. | ad. 2007 No. 41 |
R. 137.255.............. | ad. 2007 No. 41 |
R. 137.260.............. | ad. 2007 No. 41 |
Subpart 137.Q | |
R. 137.265.............. | ad. 2007 No. 41 |
R. 137.270.............. | ad. 2007 No. 41 |
R. 137.275.............. | ad. 2007 No. 41 |
R. 137.280.............. | ad. 2007 No. 41 |
R. 137.285.............. | ad. 2007 No. 41 |
R. 137.290.............. | ad. 2007 No. 41 |
R. 137.295.............. | ad. 2007 No. 41 |
R. 137.300.............. | ad. 2007 No. 41 |
Part 138 | |
Part 138............... | ad. 2000 No. 204 |
| |
Part 139 | |
Heading to Part 139....... | rs. 2003 No. 58 |
Part 139............... | ad. 2000 No. 204 |
| rs. 2002 No. 167 |
Table of Provisions to
Part 139 | ad. 2004 No. 345 |
Subpart 139.A | |
Subpart 139.A of Part 139... | rs. 2003 No. 58 |
R. 139.000.............. | ad. 2002 No. 167 |
| rs. 2003 No. 58 |
| am. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.005.............. | ad. 2003 No. 58 |
R. 139.010.............. | ad. 2003 No. 58 |
R. 139.015.............. | ad. 2003 No. 58 |
R. 139.020.............. | ad. 2003 No. 58 |
R. 139.025.............. | ad. 2003 No. 58 |
R. 139.030.............. | ad. 2003 No. 58 |
R. 139.035.............. | ad. 2003 No. 58 |
R. 139.036.............. | ad. 2003 No. 58 |
| rep. 2004 No. 345 |
Subpart 139.B | |
Subpart 139.B of Part 139... | ad. 2003 No. 58 |
Division 139.B.1 | |
R. 139.040.............. | ad. 2003 No. 58 |
R. 139.045.............. | ad. 2003 No. 58 |
R. 139.050.............. | ad. 2003 No. 58 |
R. 139.055.............. | ad. 2003 No. 58 |
R. 139.060.............. | ad. 2003 No. 58 |
R. 139.065.............. | ad. 2003 No. 58 |
R. 139.070.............. | ad. 2003 No. 58 |
R. 139.075.............. | ad. 2003 No. 58 |
R. 139.080.............. | ad. 2003 No. 58 |
R. 139.085.............. | ad. 2003 No. 58 |
Division 139.B.2 | |
R. 139.090.............. | ad. 2003 No. 58 |
R. 139.095.............. | ad. 2003 No. 58 |
R. 139.100.............. | ad. 2003 No. 58 |
R. 139.105.............. | ad. 2003 No. 58 |
R. 139.110.............. | ad. 2003 No. 58 |
R. 139.115.............. | ad. 2004 No. 58 |
Division 139.B.3 | |
R. 139.120.............. | ad. 2003 No. 58 |
R. 139.125.............. | ad. 2003 No. 58 |
R. 139.130.............. | ad. 2003 No. 58 |
R. 139.135.............. | ad. 2003 No. 58 |
R. 139.140.............. | ad. 2003 No. 58 |
R. 139.145.............. | ad. 2003 No. 58 |
R. 139.150.............. | ad. 2003 No. 58 |
R. 139.155.............. | ad. 2003 No. 58 |
R. 139.160.............. | ad. 2003 No. 58 |
R. 139.165.............. | ad. 2003 No. 58 |
R. 139.170.............. | ad. 2003 No. 58 |
R. 139.175.............. | ad. 2003 No. 58 |
R. 139.180.............. | ad. 2003 No. 58 |
R. 139.185.............. | ad. 2003 No. 58 |
R. 139.190.............. | ad. 2003 No. 58 |
| am. 2004 No. 345 |
R. 139.195.............. | ad. 2003 No. 58 |
R. 139.200.............. | ad. 2003 No. 58 |
R. 139.205.............. | ad. 2003 No. 58 |
R. 139.210.............. | ad. 2003 No. 58 |
R. 139.215.............. | ad. 2003 No. 58 |
R. 139.220.............. | ad. 2003 No. 58 |
R. 139.225.............. | ad. 2003 No. 58 |
R. 139.230.............. | ad. 2003 No. 58 |
R. 139.235.............. | ad. 2003 No. 58 |
R. 139.240.............. | ad. 2003 No. 58 |
R. 139.245.............. | ad. 2003 No. 58 |
R. 139.250.............. | ad. 2003 No. 58 |
Subpart 139.C | |
Subpart 139.C of Part 139.. | ad. 2003 No. 58 |
R. 139.255.............. | ad. 2003 No. 58 |
R. 139.260.............. | ad. 2003 No. 58 |
| am. 2004 No. 345 |
R. 139.265.............. | ad. 2003 No. 58 |
R. 139.270.............. | ad. 2003 No. 58 |
R. 139.275.............. | ad. 2003 No. 58 |
R. 139.280.............. | ad. 2003 No. 58 |
R. 139.285.............. | ad. 2003 No. 58 |
R. 139.290.............. | ad. 2003 No. 58 |
R. 139.295.............. | ad. 2003 No. 58 |
R. 139.300.............. | ad. 2003 No. 58 |
R. 139.305.............. | ad. 2003 No. 58 |
R. 139.310.............. | ad. 2003 No. 58 |
R. 139.315.............. | ad. 2003 No. 58 |
| am. 2004 No. 345 |
R. 139.320.............. | ad. 2003 No. 58 |
R. 139.325.............. | ad. 2003 No. 58 |
R. 139.330.............. | ad. 2003 No. 58 |
Subpart 139.D | |
Subpart 139.D of Part 139.. | ad. 2003 No. 58 |
R. 139.335.............. | ad. 2003 No. 58 |
R. 139.340.............. | ad. 2003 No. 58 |
R. 139.345.............. | ad. 2003 No. 58 |
| am. 2004 No. 345 |
Subpart 139.E | |
Subpart 139.E of Part 139... | ad. 2003 No. 58 |
R. 139.350.............. | ad. 2003 No. 58 |
R. 139.355.............. | ad. 2003 No. 58 |
R. 139.360.............. | ad. 2003 No. 58 |
R. 139.365.............. | ad. 2003 No. 58 |
R. 139.370.............. | ad. 2003 No. 58 |
Subpart 139.F | |
Subpart 139.F of Part 139... | ad. 2003 No. 58 |
Division 139.F.1 | |
R. 139.375.............. | ad. 2003 No. 58 |
Division 139.F.2 | |
R. 139.380.............. | ad. 2003 No. 58 |
R. 139.385.............. | ad. 2003 No. 58 |
Division 139.F.3 | |
R. 139.390.............. | ad. 2003 No. 58 |
R. 139.395.............. | ad. 2003 No. 58 |
R. 139.400.............. | ad. 2003 No. 58 |
R. 139.405.............. | ad. 2003 No. 58 |
R. 139.410.............. | ad. 2003 No. 58 |
R. 139.415.............. | ad. 2003 No. 58 |
R. 139.420.............. | ad. 2003 No. 58 |
R. 139.425.............. | ad. 2003 No. 58 |
R. 139.430.............. | ad. 2003 No. 58 |
R. 139.435.............. | ad. 2003 No. 58 |
Subpart 139.H | |
Heading to Subpart H of
Part 139 | rep. 2003 No. 75 |
Heading to Subpart 139.H of
Part 139 | ad. 2003 No. 75 |
Subpart H of Part 139...... | ad. 2002 No. 167 |
Note to Subpart H of
Part 139 | ad. 2002 No. 167 |
Division 139.H.1 | |
Heading to Div. 1 of
Subpart H of Part 139 | rep. 2003 No. 75 |
Heading to Div. 1 of
Subpart 139.H.1 | ad. 2003 No. 75 |
R. 139.700.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 139.705.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 139.710.............. | ad. 2002 No. 167 |
R. 139.711.............. | ad. 2003 No. 75 |
R. 139.712.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Note to r. 139.712 (1)...... | rs. 2005 No. 323 |
R. 139.712A............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.712B............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.712C............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.712D............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.712E............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.712F............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.712G............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.712H............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 139.715.............. | ad. 2002 No. 167 |
Division 2 of Subpart H
of Part 139 | rep. 2003 No. 75 |
R. 139.720.............. | ad. 2002 No. 167 |
| rep. 2003 No. 75 |
R. 139.725.............. | ad. 2002 No. 167 |
| rep. 2003 No. 75 |
R. 139.730.............. | ad. 2002 No. 167 |
| rep. 2003 No. 75 |
R. 139.735.............. | ad. 2002 No. 167 |
| rep. 2003 No. 75 |
R. 139.740.............. | ad. 2002 No. 167 |
| rep. 2003 No. 75 |
R. 139.745.............. | ad. 2002 No. 167 |
| rep. 2003 No. 75 |
Division 139.H.3 | |
Heading to Div. 3 of
Subpart H of Part 139 | rep. 2003 No. 75 |
Heading to Div. 3 of
Subpart 139.H | ad. 2003 No. 75 |
R. 139.750.............. | ad. 2002 No. 167 |
R. 139.755.............. | ad. 2002 No. 167 |
| rs. 2003 No. 75 |
R. 139.760.............. | ad. 2002 No. 167 |
R. 139.765.............. | ad. 2002 No. 167 |
R. 139.770.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 139.771.............. | ad. 2003 No. 75 |
R. 139.772.............. | ad. 2003 No. 75 |
R. 139.773.............. | ad. 2003 No. 75 |
R. 139.775.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 139.780.............. | ad. 2002 No. 167 |
R. 139.785.............. | ad. 2002 No. 167 |
R. 139.795.............. | ad. 2002 No. 167 |
R. 139.800.............. | ad. 2002 No. 167 |
R. 139.805.............. | ad. 2002 No. 167 |
R. 139.810.............. | ad. 2002 No. 167 |
R. 139.815.............. | ad. 2002 No. 167 |
R. 139.820.............. | ad. 2002 No. 167 |
R. 139.825.............. | ad. 2002 No. 167 |
R. 139.830.............. | ad. 2002 No. 167 |
R. 139.835.............. | ad. 2002 No. 167 |
R. 139.840.............. | ad. 2002 No. 167 |
R. 139.845.............. | ad. 2002 No. 167 |
R. 139.850.............. | ad. 2002 No. 167 |
R. 139.855.............. | ad. 2002 No. 167 |
R. 139.860.............. | ad. 2002 No. 167 |
R. 139.865.............. | ad. 2002 No. 167 |
R. 139.870.............. | ad. 2002 No. 167 |
R. 139.875.............. | ad. 2002 No. 167 |
R. 139.880.............. | ad. 2002 No. 167 |
R. 139.885.............. | ad. 2002 No. 167 |
R. 139.890.............. | ad. 2002 No. 167 |
R. 139.895.............. | ad. 2002 No. 167 |
R. 139.900.............. | ad. 2002 No. 167 |
R. 139.905.............. | ad. 2002 No. 167 |
R. 139.910.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
Division 139.H.4 | |
Heading to Div. 4 of
Subpart H of Part 139 | rep. 2003 No. 75 |
Heading to Div. 4 of
Subpart 139.H | ad. 2003 No. 75 |
R. 139.915.............. | ad. 2002 No. 167 |
| am. 2003 No. 75; 2004 No. 345 |
Division 139.H.5 | |
Heading to Div. 5 of
Subpart H of Part 139 | rep. 2003 No. 75 |
Heading to Div. 5 of
Subpart 139.H | ad. 2003 No. 75 |
R. 139.920.............. | ad. 2002 No. 167 |
R. 139.925.............. | ad. 2002 No. 167 |
| am. 2003 No. 75; 2006 No. 185 |
R. 139.930.............. | ad. 2002 No. 167 |
R. 139.935.............. | ad. 2002 No. 167 |
R. 139.940.............. | ad. 2002 No. 167 |
R. 139.945.............. | ad. 2002 No. 167 |
R. 139.950.............. | ad. 2002 No. 167 |
R. 139.955.............. | ad. 2002 No. 167 |
R. 139.960.............. | ad. 2002 No. 167 |
R. 139.965.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 139.970.............. | ad. 2002 No. 167 |
R. 139.975.............. | ad. 2002 No. 167 |
R. 139.980.............. | ad. 2002 No. 167 |
R. 139.985.............. | ad. 2002 No. 167 |
R. 139.990.............. | ad. 2002 No. 167 |
R. 139.995.............. | ad. 2002 No. 167 |
R. 139.1000............. | ad. 2002 No. 167 |
R. 139.1005............. | ad. 2002 No. 167 |
Note to r. 139.1005 (1)..... | am. 2004 No. 345 |
R. 139.1010............. | ad. 2002 No. 167 |
Note to r. 139.1010........ | am. 2004 No. 345 |
R. 139.1015............. | ad. 2002 No. 167 |
R. 139.1020............. | ad. 2002 No. 167 |
R. 139.1022............. | ad. 2003 No. 75 |
R. 139.1025............. | ad. 2002 No. 167 |
Part 141 | |
Part 141............... | ad. 2000 No. 204 |
Part 142 | |
Part 142............... | ad. 2000 No. 204 |
Part 143 | |
Part 143............... | ad. 2000 No. 204 |
| rs. 2002 No. 167 |
Table of Provisions to
Part 143 | ad. 2004 No. 345 |
Subpart 143.A | |
Subpart A of Part 143 | |
Renumbered
Subpart 143.A | 2004 No. 345 |
R. 143.000.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 143.005.............. | ad. 2002 No. 167 |
| rs. 2003 No. 75 |
R. 143.010.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 143.015.............. | ad. 2002 No. 167 |
R. 143.016.............. | ad. 2003 No. 75 |
R. 143.017.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Note to r. 143.017 (1)...... | rs. 2005 No. 323 |
R. 143.017A............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 143.017B............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 143.017C............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 143.017D............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 143.017E............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 143.017F............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 143.017G............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 143.017H............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
Subpart 143.B | |
Subpart B of Part 143 | |
Renumbered
Subpart 143.B | 2004 No. 345 |
R. 143.020.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 143.025.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 143.027.............. | ad. 2003 No. 75 |
R. 143.030.............. | ad. 2002 No. 167 |
R. 143.035.............. | ad. 2002 No. 167 |
R. 143.040.............. | ad. 2002 No. 167 |
R. 143.045.............. | ad. 2002 No. 167 |
R. 143.050.............. | ad. 2002 No. 167 |
Subpart 143.C | |
Subpart C of Part 143 | |
Renumbered
Subpart 143.C | 2004 No. 345 |
Division 143.C.1 | |
Div. 1 of Subpart C of
Part 143
Renumbered Div. 143.C.1. | 2004 No. 345 |
R. 143.055.............. | ad. 2002 No. 167 |
R. 143.060.............. | ad. 2002 No. 167 |
Division 143.C.2 | |
Div. 2 of Subpart C of
Part 143
Renumbered Div. 143.C.2. | 2004 No. 345 |
R. 143.065.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 143.070.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
Division 143.C.3 | |
Div. 3 of Subpart C of
Part 143
Renumbered Div. 143.C.3. | 2004 No. 345 |
R. 143.075.............. | ad. 2002 No. 167 |
R. 143.080.............. | ad. 2002 No. 167 |
R. 143.085.............. | ad. 2002 No. 167 |
R. 143.090.............. | ad. 2002 No. 167 |
Subpart 143.D | |
Subpart D of Part 143 | |
Renumbered
Subpart 143.D | 2004 No. 345 |
R. 143.095.............. | ad. 2002 No. 167 |
R. 143.100.............. | ad. 2002 No. 167 |
Heading to r. 143.105...... | rs. 2003 No. 75 |
R. 143.105.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
Subpart 143.E | |
Subpart E of Part 143 | |
Renumbered
Subpart 143.E | 2004 No. 345 |
R. 143.110.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
Subpart 143.F | |
Subpart F of Part 143 | |
Renumbered
Subpart 143.F | 2004 No. 345 |
Division 143.F.1 | |
Div. 1 of Subpart F of
Part 143 | |
Renumbered Div. 143.F.1.. | 2004 No. 345 |
R. 143.115.............. | ad. 2002 No. 167 |
Division 143.F.2 | |
Div. 2 of Subpart F of
Part 143 | |
Renumbered Div. 143.F.2.. | 2004 No. 345 |
R. 143.120.............. | ad. 2002 No. 167 |
R. 143.125.............. | ad. 2002 No. 167 |
R. 143.130.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 143.135.............. | ad. 2002 No. 167 |
R. 143.140.............. | ad. 2002 No. 167 |
R. 143.145.............. | ad. 2002 No. 167 |
R. 143.150.............. | ad. 2002 No. 167 |
R. 143.155.............. | ad. 2002 No. 167 |
R. 143.160.............. | ad. 2002 No. 167 |
R. 143.165.............. | ad. 2002 No. 167 |
R. 143.170.............. | ad. 2002 No. 167 |
R. 143.175.............. | ad. 2002 No. 167 |
R. 143.180.............. | ad. 2002 No. 167 |
R. 143.185.............. | ad. 2002 No. 167 |
R. 143.190.............. | ad. 2002 No. 167 |
R. 143.192.............. | ad. 2003 No. 75 |
R. 143.195.............. | ad. 2002 No. 167 |
Division 143.F.3 | |
Div. 3 of Subpart F of
Part 143 | |
Renumbered Div. 143.F.3.. | 2004 No. 345 |
R. 143.200.............. | ad. 2002 No. 167 |
R. 143.205.............. | ad. 2002 No. 167 |
| am. 2004 No. 345 |
R. 143.210.............. | ad. 2002 No. 167 |
Division 143.F.4 | |
Div. 4 of Subpart F of
Part 143 | |
Renumbered Div. 143.F.4.. | 2004 No. 345 |
R. 143.215.............. | ad. 2002 No. 167 |
R. 143.220.............. | ad. 2002 No. 167 |
R. 143.225.............. | ad. 2002 No. 167 |
Note to r. 143.225........ | am. 2004 No. 345 |
R. 143.230.............. | ad. 2002 No. 167 |
R. 143.235.............. | ad. 2002 No. 167 |
R. 143.240.............. | ad. 2002 No. 167 |
Part 144 | |
Part 144............... | ad. 2000 No. 204 |
Part 145 | |
Part 145............... | ad. 2000 No. 204 |
Part 146 | |
Part 146............... | ad. 2000 No. 204 |
Part 147 | |
Part 147............... | ad. 2000 No. 204 |
Part 148............... | ad. 2000 No. 204 |
| rep. 2003 No. 240 |
Part 149 | |
Part 149............... | ad. 2000 No. 204 |
Part 171 | |
Part 171............... | ad. 2000 No. 204 |
| rs. 2002 No. 167 |
Table of Provisions to
Part 171 | ad. 2004 No. 345 |
Subpart 171.A | |
Subpart A of Part 171 | |
Renumbered
Subpart 171.A | 2004 No. 345 |
R. 171.000.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 171.005.............. | ad. 2002 No. 167 |
| rs. 2003 No. 75 |
R. 171.010.............. | ad. 2002 No. 167 |
| am. 2003 No. 75; 2006 No. 124 |
R. 171.012.............. | ad. 2003 No. 75 |
R. 171.015.............. | ad. 2002 No. 167 |
R. 171.017.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Note to r. 171.017 (1)...... | rs. 2005 No. 323 |
R. 171.017A............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 171.017B............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 171.017C............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 171.017D............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 171.017E............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 171.017F............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 171.017G............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 171.017H............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
Subpart 171.B | |
Subpart B of Part 171 | |
Renumbered
Subpart 171.B | 2004 No. 345 |
R. 171.020.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 171.025.............. | ad. 2002 No. 167 |
Subpart 171.C | |
Subpart C of Part 171 | |
Renumbered
Subpart 171.C | 2004 No. 345 |
R. 171.030.............. | ad. 2002 No. 167 |
R. 171.035.............. | ad. 2002 No. 167 |
| am. 2006 No. 124 |
R. 171.040.............. | ad. 2002 No. 167 |
R. 171.045.............. | ad. 2002 No. 167 |
| rs. 2003 No. 75 |
| rep. 2006 No. 124 |
R. 171.050.............. | ad. 2002 No. 167 |
R. 171.055.............. | ad. 2002 No. 167 |
| am. 2006 No. 124 |
R. 171.060.............. | ad. 2002 No. 167 |
| rep. 2006 No. 124 |
R. 171.065.............. | ad. 2002 No. 167 |
R. 171.070.............. | ad. 2002 No. 167 |
R. 171.075.............. | ad. 2002 No. 167 |
R. 171.080.............. | ad. 2002 No. 167 |
R. 171.085.............. | ad. 2002 No. 167 |
R. 171.086.............. | ad. 2006 No. 124 |
Subpart 171.D | |
Heading to Subpart D of
Part 171 | |
Renumbered
Subpart 171.D | 2004 No. 345 |
R. 171.090.............. | ad. 2002 No. 167 |
R. 171.095.............. | ad. 2002 No. 167 |
R. 171.100.............. | ad. 2002 No. 167 |
R. 171.105.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 171.110.............. | ad. 2002 No. 167 |
R. 171.115.............. | ad. 2002 No. 167 |
R. 171.120.............. | ad. 2002 No. 167 |
R. 171.125.............. | ad. 2002 No. 167 |
| rs. 2006 No. 124 |
R. 171.130.............. | ad. 2002 No. 167 |
| rep. 2006 No. 124 |
R. 171.135.............. | ad. 2002 No. 167 |
| rep. 2006 No. 124 |
R. 171.140.............. | ad. 2002 No. 167 |
R. 171.145.............. | ad. 2002 No. 167 |
R. 171.150.............. | ad. 2002 No. 167 |
R. 171.155.............. | ad. 2002 No. 167 |
R. 171.160.............. | ad. 2002 No. 167 |
Subpart 171.E | |
Heading to Subpart E of
Part 171 | |
Renumbered
Subpart 171.E | 2004 No. 345 |
Note to Subpart E of
Part 171 | ad. 2002 No. 167 |
R. 171.165.............. | ad. 2002 No. 167 |
R. 171.170.............. | ad. 2002 No. 167 |
R. 171.175.............. | ad. 2002 No. 167 |
R. 171.180.............. | ad. 2002 No. 167 |
R. 171.185.............. | ad. 2002 No. 167 |
R. 171.190.............. | ad. 2002 No. 167 |
R. 171.195.............. | ad. 2002 No. 167 |
R. 171.200.............. | ad. 2002 No. 167 |
R. 171.205.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
R. 171.210.............. | ad. 2002 No. 167 |
R. 171.215.............. | ad. 2002 No. 167 |
R. 171.220.............. | ad. 2002 No. 167 |
Note to r. 171.220 (1)...... | am. 2004 No. 345 |
R. 171.225.............. | ad. 2002 No. 167 |
R. 171.230.............. | ad. 2002 No. 167 |
Note to r. 171.230........ | am. 2004 No. 345 |
R. 171.235.............. | ad. 2002 No. 167 |
R. 171.237.............. | ad. 2003 No. 75 |
R. 171.240.............. | ad. 2002 No. 167 |
R. 171.245.............. | ad. 2002 No. 167 |
R. 171.250.............. | ad. 2002 No. 167 |
| am. 2006 No. 124 |
R. 171.255.............. | ad. 2002 No. 167 |
Part 172 | |
Part 172............... | ad. 2000 No. 204 |
| rs. 2002 No. 167 |
Table of Provisions to
Part 172 | ad. 2004 No. 345 |
Subpart 172.A | |
Subpart A of Part 172 | |
Renumbered
Subpart 172.A | 2004 No. 345 |
R. 172.000.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 172.005.............. | ad. 2002 No. 167 |
| rs. 2003 No. 75 |
R. 172.010.............. | ad. 2002 No. 167 |
| am. 2003 No. 75; 2007 No. 172 |
R. 172.015.............. | ad. 2002 No. 167 |
R. 172.020.............. | ad. 2002 No. 167 |
R. 172.022.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Note to r. 172.022 (1)...... | rs. 2005 No. 323 |
R. 172.022A............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 172.022B............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 172.022C............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 172.022D............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 172.022E............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 172.022F............. | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 172.022G............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
R. 172.022H............ | ad. 2003 No. 75 |
| rep. 2004 No. 345 |
Subpart 172.B | |
Subpart B of Part 172 | |
Renumbered
Subpart 172.B | 2004 No. 345 |
R. 172.024.............. | ad. 2003 No. 75 |
R. 172.025.............. | ad. 2002 No. 167 |
| am. 2004 No. 345 |
R. 172.030.............. | ad. 2002 No. 167 |
| am. 2004 No. 345 |
R. 172.035.............. | ad. 2002 No. 167 |
R. 172.040.............. | ad. 2002 No. 167 |
R. 172.045.............. | ad. 2002 No. 167 |
| am. 2004 No. 345 |
R. 172.050.............. | ad. 2002 No. 167 |
| am. 2004 No. 345 |
R. 172.055.............. | ad. 2002 No. 167 |
| am. 2004 No. 345 |
Subpart 172.C | |
Subpart C of Part 172 | |
Renumbered
Subpart 172.C | 2004 No. 345 |
Division 172.C.1 | |
Div. 1 of Subpart C of
Part 172 | |
Renumbered Div. 172.C.1. | 2004 No. 345 |
R. 172.060.............. | ad. 2002 No. 167 |
Division 172.C.2 | |
Div. 2 of Subpart C of
Part 172 | |
Renumbered Div. 172.C.2. | 2004 No. 345 |
R. 172.065.............. | ad. 2002 No. 167 |
R. 172.070.............. | ad. 2002 No. 167 |
R. 172.075.............. | ad. 2002 No. 167 |
R. 172.080.............. | ad. 2002 No. 167 |
R. 172.085.............. | ad. 2002 No. 167 |
R. 172.090.............. | ad. 2002 No. 167 |
Division 172.C.3 | |
Div. 3 of Subpart C of
Part 172 | |
Renumbered Div. 172.C.3. | 2004 No. 345 |
R. 172.095.............. | ad. 2002 No. 167 |
Division 172.C.4 | |
Div. 4 of Subpart C of
Part 172 | ad. 2002 No. 167 |
Renumbered Div. 172.C.4. | 2004 No. 345 |
R. 172.100.............. | ad. 2002 No. 167 |
R. 172.105.............. | ad. 2002 No. 167 |
R. 172.110.............. | ad. 2002 No. 167 |
R. 172.115.............. | ad. 2002 No. 167 |
R. 172.120.............. | ad. 2002 No. 167 |
Division 172.C.5 | |
Div. 5 of Subpart C of
Part 172 | |
Renumbered Div. 172.C.5. | 2004 No. 345 |
R. 172.125.............. | ad. 2002 No. 167 |
R. 172.130.............. | ad. 2002 No. 167 |
R. 172.135.............. | ad. 2002 No. 167 |
Division 172.C.6 | |
Div. 6 of Subpart C of
Part 172 | |
Renumbered Div. 172.C.6. | 2004 No. 345 |
R. 172.140.............. | ad. 2002 No. 167 |
R. 172.145.............. | ad. 2002 No. 167 |
R. 172.150.............. | ad. 2002 No. 167 |
R. 172.155.............. | ad. 2002 No. 167 |
Division 172.C.7 | |
Div. 7 of Subpart C of
Part 172 | |
Renumbered Div. 172.C.7. | 2004 No. 345 |
R. 172.160.............. | ad. 2002 No. 167 |
R. 172.165.............. | ad. 2002 No. 167 |
R. 172.170.............. | ad. 2002 No. 167 |
R. 172.175.............. | ad. 2002 No. 167 |
Division 172.C.8 | |
Div. 8 of Subpart C of
Part 172 | |
Renumbered Div. 172.C.8. | 2004 No. 345 |
R. 172.180.............. | ad. 2002 No. 167 |
Subpart 172.D | |
Subpart D of Part 172 | |
Renumbered
Subpart 172.D | 2004 No. 345 |
R. 172.185.............. | ad. 2002 No. 167 |
R. 172.190.............. | ad. 2002 No. 167 |
Subpart 172.E | |
Subpart E of Part 172 | |
Renumbered
Subpart 172.E | 2004 No. 345 |
R. 172.195.............. | ad. 2002 No. 167 |
Subpart 172.F | |
Subpart F of Part 172 | |
Renumbered
Subpart 172.F | 2004 No. 345 |
Note to Subpart F of
Part 172 | ad. 2002 No. 167 |
Division 172.F.1 | |
Div. 1 of Subpart F of
Part 172 | |
Renumbered Div. 172.F.1.. | 2004 No. 345 |
R. 172.200.............. | ad. 2002 No. 167 |
Division 172.F.2 | |
Div. 2 of Subpart F of
Part 172 | |
Renumbered Div. 172.F.2.. | 2004 No. 345 |
R. 172.205.............. | ad. 2002 No. 167 |
R. 172.210.............. | ad. 2002 No. 167 |
R. 172.215.............. | ad. 2002 No. 167 |
R. 172.220.............. | ad. 2002 No. 167 |
R. 172.225.............. | ad. 2002 No. 167 |
R. 172.230.............. | ad. 2002 No. 167 |
R. 172.235.............. | ad. 2002 No. 167 |
R. 172.240.............. | ad. 2002 No. 167 |
R. 172.245.............. | ad. 2002 No. 167 |
R. 172.250.............. | ad. 2002 No. 167 |
R. 172.255.............. | ad. 2002 No. 167 |
R. 172.260.............. | ad. 2002 No. 167 |
R. 172.265.............. | ad. 2002 No. 167 |
R. 172.270.............. | ad. 2002 No. 167 |
R. 172.275.............. | ad. 2002 No. 167 |
R. 172.280.............. | ad. 2002 No. 167 |
Division 172.F.3 | |
Div. 3 of Subpart F of
Part 172 | |
Renumbered Div. 172.F.3.. | 2004 No. 345 |
R. 172.285.............. | ad. 2002 No. 167 |
R. 172.290.............. | ad. 2002 No. 167 |
| am. 2004 No. 345 |
R. 172.295.............. | ad. 2002 No. 167 |
| am. 2003 No. 75 |
Division 172.F.4 | |
Div. 4 of Subpart F of
Part 172 | |
Renumbered Div. 172.F.4.. | 2004 No. 345 |
R. 172.300.............. | ad. 2002 No. 167 |
Division 172.F.5 | |
Div. 5 of Subpart F of
Part 172 | |
Renumbered Div. 172.F.5.. | 2004 No. 345 |
R. 172.305.............. | ad. 2002 No. 167 |
R. 172.310.............. | ad. 2002 No. 167 |
Note to r. 172.310 (1)...... | am. 2004 No. 345 |
R. 172.315.............. | ad. 2002 No. 167 |
Note to r. 172.315........ | am. 2004 No. 345 |
R. 172.320.............. | ad. 2002 No. 167 |
R. 172.325.............. | ad. 2002 No. 167 |
R. 172.327.............. | ad. 2003 No. 75 |
R. 172.330.............. | ad. 2002 No. 167 |
Part 173 | |
Part 173............... | ad. 2000 No. 204 |
| rs. 2003 No. 189 |
Table of Provisions to
Part 173 | ad. 2004 No. 345 |
Subpart 173.A | |
R. 173.000.............. | ad. 2003 No. 189 |
| rep. 2004 No. 345 |
R. 173.005.............. | ad. 2003 No. 189 |
R. 173.010.............. | ad. 2003 No. 189 |
R. 173.015.............. | ad. 2003 No. 189 |
R. 173.020.............. | ad. 2003 No. 189 |
R. 173.025.............. | ad. 2003 No. 189 |
R. 173.030.............. | ad. 2003 No. 189 |
R. 173.035.............. | ad. 2003 No. 189 |
R. 173.040.............. | ad. 2003 No. 189 |
Subpart 173.B | |
Division 173.B.1 | |
R. 173.045.............. | ad. 2003 No. 189 |
R. 173.050.............. | ad. 2003 No. 189 |
R. 173.055.............. | ad. 2003 No. 189 |
R. 173.060.............. | ad. 2003 No. 189 |
R. 173.065.............. | ad. 2003 No. 189 |
R. 173.070.............. | ad. 2003 No. 189 |
Division 173.B.2 | |
R. 173.075.............. | ad. 2003 No. 189 |
R. 173.080.............. | ad. 2003 No. 189 |
R. 173.085.............. | ad. 2003 No. 189 |
R. 173.090.............. | ad. 2003 No. 189 |
R. 173.095.............. | ad. 2003 No. 189 |
R. 173.100.............. | ad. 2003 No. 189 |
R. 173.105.............. | ad. 2003 No. 189 |
R. 173.110.............. | ad. 2003 No. 189 |
R. 173.115.............. | ad. 2003 No. 189 |
R. 173.120.............. | ad. 2003 No. 189 |
R. 173.125.............. | ad. 2003 No. 189 |
R. 173.130.............. | ad. 2003 No. 189 |
R. 173.135.............. | ad. 2003 No. 189 |
R. 173.140.............. | ad. 2003 No. 189 |
R. 173.145.............. | ad. 2003 No. 189 |
R. 173.150.............. | ad. 2003 No. 189 |
R. 173.155.............. | ad. 2003 No. 189 |
R. 173.160.............. | ad. 2003 No. 189 |
Division 173.B.3 | |
R. 173.165.............. | ad. 2003 No. 189 |
R. 173.170.............. | ad. 2003 No. 189 |
R. 173.175.............. | ad. 2003 No. 189 |
R. 173.180.............. | ad. 2003 No. 189 |
R. 173.185.............. | ad. 2003 No. 189 |
R. 173.190.............. | ad. 2003 No. 189 |
Division 173.B.4 | |
R. 173.195.............. | ad. 2003 No. 189 |
R. 173.200.............. | ad. 2003 No. 189 |
R. 173.205.............. | ad. 2003 No. 189 |
R. 173.210.............. | ad. 2003 No. 189 |
R. 173.215.............. | ad. 2003 No. 189 |
Subpart 173.C | |
Division 173.C.1 | |
R. 173.220.............. | ad. 2003 No. 189 |
R. 173.225.............. | ad. 2003 No. 189 |
R. 173.230.............. | ad. 2003 No. 189 |
R. 173.235.............. | ad. 2003 No. 189 |
R. 173.240.............. | ad. 2003 No. 189 |
R. 173.245.............. | ad. 2003 No. 189 |
Division 173.C.2 | |
R. 173.250.............. | ad. 2003 No. 189 |
R. 173.255.............. | ad. 2003 No. 189 |
R. 173.260.............. | ad. 2003 No. 189 |
R. 173.265.............. | ad. 2003 No. 189 |
R. 173.270.............. | ad. 2003 No. 189 |
R. 173.275.............. | ad. 2003 No. 189 |
R. 173.280.............. | ad. 2003 No. 189 |
R. 173.285.............. | ad. 2003 No. 189 |
R. 173.290.............. | ad. 2003 No. 189 |
Division 173.C.3 | |
R. 173.295.............. | ad. 2003 No. 189 |
R. 173.300.............. | ad. 2003 No. 189 |
R. 173.305.............. | ad. 2003 No. 189 |
Subpart 173.D | |
R. 173.310.............. | ad. 2003 No. 189 |
R. 173.315.............. | ad. 2003 No. 189 |
Subpart 173.E | |
Division 173.E.1 | |
R. 173.320.............. | ad. 2003 No. 189 |
R. 173.325.............. | ad. 2003 No. 189 |
R. 173.330.............. | ad. 2003 No. 189 |
R. 173.335.............. | ad. 2003 No. 189 |
R. 173.340.............. | ad. 2003 No. 189 |
R. 173.345.............. | ad. 2003 No. 189 |
R. 173.350.............. | ad. 2003 No. 189 |
R. 173.355.............. | ad. 2003 No. 189 |
R. 173.360.............. | ad. 2003 No. 189 |
Division 173.E.2 | |
R. 173.365.............. | ad. 2003 No. 189 |
R. 173.370.............. | ad. 2003 No. 189 |
Division 173.E.3 | |
R. 173.375.............. | ad. 2003 No. 189 |
Division 173.E.4 | |
R. 173.380.............. | ad. 2003 No. 189 |
R. 173.385.............. | ad. 2003 No. 189 |
Division 173.E.5 | |
R. 173.390.............. | ad. 2003 No. 189 |
R. 173.395.............. | ad. 2003 No. 189 |
R. 173.400.............. | ad. 2003 No. 189 |
Part 183 | |
Part 183............... | ad. 2000 No. 204 |
Part 200 | |
Heading to Part 200....... | rs. 2004 No. 345 |
Table of Provisions to
Part 200 | ad. 2004 No. 345 |
Subpart 200.A | |
Subpart A of Part 200...... | ad. 2000 No. 204 |
Renumbered
Subpart 200.A | 2002 No. 350
|
Subpart 200.A of
Part 200 | rep. 2004 No. 345 |
R. 200.0............... | ad. 2000 No. 204 |
Renumbered r. 200.000... | 2002 No. 350 |
R. 200.000.............. | rep. 2004 No. 345 |
Heading to Div. 1 of
Part 200 | rep. 2000 No. 204 |
Subpart 200.B | |
Heading to Subpart B of
Part 200 | ad. 2000 No. 204 |
Renumbered
Subpart 200.B | 2002 No. 350 |
R. 200.1............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 200.001... | 2002 No. 350 |
R. 200.2............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 200.002... | 2002 No. 350 |
R. 200.002.............. | am. 2004 No. 216 |
R. 200.3............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 200.003... | 2002 No. 350 |
| rs. 2007 No. 226 |
R. 200.4............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 200.004... | 2002 No. 350 |
| rs. 2005 No. 321 |
R. 200.5............... | am. 2000 No. 227 |
| rs. 2001 No. 349 |
| am. 2002 No. 350 |
Renumbered r. 200.005... | 2002 No. 350 |
R. 200.6............... | am. 2000 No. 227 |
| rep. 2001 No. 349 |
R. 200.7............... | rep. 2000 No. 7 |
R. 200.8............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 200.008... | 2002 No. 350 |
R. 200.9............... | am. 2000 No. 227 |
| rep. 2001 No. 349 |
R. 200.10............... | rs. 2000 No. 7 |
| am. 2002 No. 350 |
Renumbered r. 200.010... | 2002 No. 350 |
Rr. 200.11, 200.12........ | rep. 2000 No. 7 |
R. 200.13............... | am. 1999 No. 166; 2000 No. 227; 2002 No. 350 |
Renumbered r. 200.013... | 2002 No. 350 |
R. 200.013.............. | am. 2004 No. 216 |
| rs. 2005 No. 321 |
R. 200.14............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 200.014... | 2002 No. 350 |
R. 200.014.............. | rs. 2005 No. 321 |
Heading to Div. 2 of
Part 200 | rep. 2000 No. 204 |
Subpart 200.C | |
Heading to Subpart C of
Part 200 | ad. 2000 No. 204 |
Renumbered
Subpart 200.C | 2002 No. 350 |
R. 200.20............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 200.020... | 2002 No. 350 |
Part 201 | |
Table of Provisions to
Part 201 | ad. 2004 No. 345 |
R. 201.0............... | ad. 2000 No. 204 |
Renumbered r. 201.000... | 2002 No. 350 |
R. 201.000.............. | rep. 2004 No. 345 |
R. 201.1............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 201.001... | 2002 No. 350 |
R. 201.2............... | am. 2000 No. 227; 2002 No. 350 |
Renumbered r. 201.002... | 2002 No. 350 |
R. 201.002.............. | rep. 2004 No. 345 |
R. 201.3 | |
Renumbered r. 201.003... | 2002 No. 350 |
R. 201.4............... | am. 1999 Nos. 166 and 262; 2000 Nos. 204 and 227; 2002 No. 350 |
Renumbered r. 201.004... | 2002 No. 350 |
R. 201.004.............. | am. 2004 No. 345; 2007 No. 41; 2009 No. 64; 2010 No. 277 |
R. 201.005.............. | ad. 2004 No. 345 |
R. 201.010.............. | ad. 2004 No. 345 |
R. 201.015.............. | ad. 2004 No. 345 |
R. 201.016.............. | ad. 2005 No. 258 |
| am. 2008 No. 192 |
Note to r. 201.016 (2)...... | rep. 2008 No. 192 |
R. 201.020.............. | ad. 2004 No. 345 |
Part 202 | |
Part 202............... | ad. 1999 No. 262 |
Table of Provisions to
Part 202 | ad. 2004 No. 345
rep. 2004 No. 345 |
Heading to Subpart 202.AA
of Part 202 | ad. 2002 No. 321
rep. 2004 No. 345 |
Subpart 202.AA of Part 202. | rep. 2004 No. 345 |
R. 202.0............... | ad. 2000 No. 204 |
| rep. 2002 No. 321 |
R. 202.000.............. | ad. 2002 No. 321 |
| am. 2003 Nos. 58, 75 and 240 |
| rep. 2004 No. 345 |
Subpart 202.AB | |
Subpart 202.AB of Part 202. | ad. 2002 No. 321 |
Subpart 202.AD | |
Subpart 202.AD of Part 202. | ad. 2002 No. 321
rs. 2004 No. 345 |
R. 202.010.............. | ad. 2004 No. 345 |
R. 202.011.............. | ad. 2004 No. 345 |
R. 202.012.............. | ad. 2004 No. 345 |
Subpart 202.AF | |
Subpart 202.AF of Part 202.. | ad. 2002 No. 321 |
Subpart 202.AJ | |
Heading to Subpart 202.AJ of
Part 202 | ad. 2002 No. 321 |
R. 202.1............... | ad. 1999 No. 262 |
Renumbered r. 202.050... | 2002 No. 321 |
R. 202.2............... | ad. 1999 No. 262 |
Renumbered r. 202.051... | 2002 No. 321 |
R. 202.3............... | ad. 1999 No. 262 |
Renumbered r. 202.052... | 2002 No. 321 |
Subpart 202.AK | |
Subpart 202.AK of Part 202. | ad. 2002 No. 321
rs. 2009 No. 147 |
R. 202.060.............. | ad. 2009 No. 147 |
Subpart 202.AL | |
Subpart 202.AL of Part 202.. | ad. 2002 No. 321
rs. 2009 No. 147 |
R. 202.070.............. | ad. 2009 No. 147 |
Subpart 202.AM of Part 202. | ad. 2002 No. 321
rep. 2004 No. 345 |
Subpart 202.AN | |
Subpart 202.AN of Part 202. | ad. 2002 No. 321
rs. 2009 No. 147 |
R. 202.090.............. | ad. 2009 No. 147 |
Subpart 202.AO | |
Subpart 202.AO of Part 202. | ad. 2002 No. 321 |
Subpart 202.AP | |
Subpart 202.AP of Part 202. | ad. 2002 No. 321 |
Subpart 202.AR | |
Subpart 202.AR of Part 202. | ad. 2002 No. 321 |
Subpart 202.AT | |
Subpart 202.AT
of Part 202 | ad. 2002 No. 321 |
Subpart 202.AU | |
Subpart 202.AU of Part 202. | ad. 2002 No. 321
rs. 2009 No. 147 |
R. 202.140.............. | ad. 2009 No. 147 |
Subpart 202.AV | |
Subpart 202.AV of Part 202. | ad. 2002 No. 321 |
Subpart 202.AX | |
Subpart 202.AX of Part 202. | ad. 2002 No. 321 |
Subpart 202.AZ | |
Heading to Subpart 202.AZ of
Part 202 | ad. 2002 No. 321
rs. 2004 No. 345 |
Subpart 202.AZ of Part 202.. | rs. 2004 No. 345 |
R. 202.4............... | ad. 1999 No. 262 |
Renumbered r. 202.170... | 2002 No. 321 |
R. 202.170.............. | rs. 2004 No. 345 |
R. 202.5............... | ad. 1999 No. 262 |
Renumbered r. 202.171... | 2002 No. 321 |
R. 202.171.............. | rs. 2004 No. 345 |
R. 202.6............... | ad. 1999 No. 262 |
Renumbered r. 202.172... | 2002 No. 321 |
R. 202.172.............. | rs. 2004 No. 345 |
Subpart 202.BB | |
Subpart 202.BB of Part 202. | ad. 2002 No. 321 |
Subpart 202.BD | |
Subpart 202.BD of Part 202. | ad. 2002 No. 321
rs. 2004 No. 345 |
R. 202.200.............. | ad. 2004 No. 345 |
Subpart 202.BF | |
Subpart 202.BF of Part 202.. | ad. 2002 No. 321
rs. 2004 No. 134 |
R. 202.220.............. | ad. 2004 No. 134 |
R. 202.221.............. | ad. 2004 No. 134 |
R. 202.222.............. | ad. 2004 No. 134 |
R. 202.223.............. | ad. 2004 No. 134 |
| am. 2004 No. 345; 2005 No. 242 |
R. 202.224.............. | ad. 2004 No. 134 |
R. 202.225.............. | ad. 2004 No. 134 |
| am. 2005 No. 242 |
R. 202.226.............. | ad. 2004 No. 134 |
| rep. 2005 No. 242 |
Subpart 202.CA | |
Subpart 202.CA of Part 202. | ad. 2002 No. 321
rs. 2003 No. 240 |
R. 202.240.............. | ad. 2003 No. 240 |
| am. 2004 No. 345 |
R. 202.241.............. | ad. 2003 No. 240 |
| am. 2004 No. 345 |
Subpart 202.CB | |
Subpart 202.CB of Part 202. | ad. 2002 No. 321 |
Subpart 202.CD | |
Subpart 202.CD of Part 202. | ad. 2002 No. 321 |
Subpart 202.CE | |
Subpart 202.CE of Part 202. | ad. 2002 No. 321 |
Subpart 202.CF | |
Subpart 202.CF of Part 202. | ad. 2002 No. 321
rs. 2003 No. 75 |
R. 202.320.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
R. 202.321.............. | ad. 2004 No. 345 |
Subpart 202.CG | |
Subpart 202.CG of Part 202. | ad. 2002 No. 321 |
Subpart 202.CH | |
Subpart 202.CH of Part 202. | ad. 2002 No. 321
rs. 2003 No. 232 |
R. 202.360.............. | ad. 2003 No. 232 |
| am. 2004 No. 345 |
R. 202.361.............. | ad. 2003 No. 232 |
| am. 2004 No. 345 |
R. 202.362.............. | ad. 2003 No. 232 |
| am. 2004 No. 345 |
R. 202.363.............. | ad. 2003 No. 232 |
| rs. 2004 No. 345 |
Subpart 202.DA | |
Subpart 202.DA of Part 202. | ad. 2002 No. 321 |
Subpart 202.EA | |
Subpart 202.EA of Part 202. | ad. 2002 No. 321 |
Subpart 202.EB | |
Subpart 202.EB of Part 202. | ad. 2002 No. 321 |
Subpart 202.EC | |
Subpart 202.EC of Part 202. | ad. 2002 No. 321
rs. 2003 No. 365 |
R. 202.440.............. | ad. 2003 No. 365 |
Note to r. 202.440........ | ad. 2003 No. 365 |
| rs. 2003 No. 365 |
| am. 2004 No. 345 |
Subpart 202.FA | |
Subpart 202.FA of Part 202.. | ad. 2002 No. 321
rs. 2004 No. 345 |
R. 202.460.............. | ad. 2004 No. 345 |
Subpart 202.FC | |
Subpart 202.FC of Part 202 . | ad. 2002 No. 321 |
Subpart 202.FE | |
Subpart 202.FE of Part 202.. | ad. 2002 No. 321 |
Subpart 202.FJ | |
Subpart 202.FJ of Part 202 . | ad. 2002 No. 321 |
Subpart 202.FL | |
Subpart 202.FL of Part 202.. | ad. 2002 No. 321 |
Subpart 202.FN | |
Subpart 202.FN of Part 202. | ad. 2002 No. 321 |
Subpart 202.FO | |
Subpart 202.FO of Part 202. | ad. 2002 No. 321 |
Subpart 202.FR | |
Subpart 202.FR of Part 202. | ad. 2002 No. 321 |
Subpart 202.FT | |
Subpart 202.FT of Part 202.. | ad. 2002 No. 321 |
Subpart 202.FV | |
Subpart 202.FV of Part 202.. | ad. 2002 No. 321 |
Subpart 202.FW | |
Subpart 202.FW of Part 202. | ad. 2002 No. 321 |
Subpart 202.FX | |
Subpart 202.FX of Part 202.. | ad. 2002 No. 321 |
Subpart 202.FY | |
Subpart 202.FY of Part 202.. | ad. 2002 No. 321
rs. 2003 No. 58 |
R. 202.700.............. | ad. 2003 No. 58 |
| am. 2004 No. 345 |
R. 202.701.............. | ad. 2003 No. 58 |
| rs. 2004 No. 345 |
R. 202.702.............. | ad. 2003 No. 58 |
| am. 2004 No. 345 |
R. 202.703.............. | ad. 2003 No. 58 |
| am. 2004 No. 345 |
R. 202.704.............. | ad. 2003 No. 58 |
| am. 2004 No. 345 |
R. 202.705.............. | ad. 2003 No. 58 |
| rs. 2004 No. 345 |
Subpart 202.FYH | |
Subpart 202.FYH of
Part 202 | ad. 2003 No. 75 |
R. 202.710.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Subpart 202.GA | |
Subpart 202.GA of Part 202. | ad. 2002 No. 321 |
Subpart 202.GB | |
Subpart 202.GB of Part 202. | ad. 2002 No. 321 |
Subpart 202.GC | |
Heading to Subpart 202.GC
of Part 202 | rs. 2004 No. 345 |
Subpart 202.GC of Part 202. | ad. 2002 No. 321
rs. 2003 No. 75 |
R. 202.760.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Subpart 202.GD | |
Subpart 202.GD of Part 202. | ad. 2002 No. 321 |
Subpart 202.GE | |
Subpart 202.GE of Part 202. | ad. 2002 No. 321 |
Subpart 202.GF | |
Subpart 202.GF of Part 202. | ad. 2002 No. 321 |
Subpart 202.GG | |
Subpart 202.GG of Part 202. | ad. 2002 No. 321 |
Subpart 202.GI | |
Subpart 202.GI of Part 202.. | ad. 2002 No. 321 |
Subpart 202.HA | |
Subpart 202.HA of Part 202. | ad. 2002 No. 321
rs. 2003 No. 75 |
R. 202.880.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Subpart 202.HB | |
Heading to Subpart 202.HB of
Part 202 | rs. 2004 No. 345 |
Subpart 202.HB of Part 202. | ad. 2002 No. 321
rs. 2003 No. 75 |
R. 202.900.............. | ad. 2003 No. 75 |
| am. 2004 No. 345 |
Subpart 202.HC | |
Subpart 202.HC of Part 202. | ad. 2002 No. 321 |
Subpart 202.HD | |
Subpart 202.HD of Part 202. | ad. 2002 No. 321 |
Subpart 202.HJ | |
Subpart 202.HJ of Part 202.. | ad. 2002 No. 321 |
Subpart 202.HL | |
Subpart 202.HL of Part 202.. | ad. 2002 No. 321 |
Subpart 202.HM | |
Subpart 202.HM of Part 202. | ad. 2002 No. 321 |
Dictionary | |
Dictionary.............. | am. 1999 Nos. 166 and 262 |
Part 1 | |
Heading to Part 1 of
Dictionary | ad. 2000 No. 204 |
Part 1................. | am. 2000 Nos. 204 and 227; 2001 Nos. 34, 242 and 349; 2002 Nos. 167, 268, 321 and 350; 2003 Nos. 58, 189, 232, 240 and 365; 2004 Nos. 134, 222, 230 and 345; 2005 No. 321 and 323; 2007 No. 172; 2008
Nos. 192 and 274; 2009 Nos. 64 and 147; 2010 No. 277 |
Part 2 | |
Part 2................. | ad. 2000 No. 204 |
| am. 2001 No. 349; 2003 No. 75; 2004 No. 230 |
| rs. 2004 No. 345 |
| am. 2009 No. 147; 2010 No. 277 |
Note 2
Subregulations 202.1–202.6 (renumbered 202.050–202.052, 202.170–202.172 by SR 2002 No. 321) — Item 19 of Schedule 1 of Statutory Rules 2002 No. 350 provides as follows:
[19] Additional amendments — substitution of CAR for CAR 1988
The following provisions are amended by omitting each mention of ‘CAR 1988’ and inserting ‘CAR’:
subregulations 202.1 (1) and (2)
subregulations 202.2 (1) and (3)
regulation 202.3
regulation 202.4
regulation 202.5
regulation 202.6
The proposed amendments were misdescribed and are not incorporated in this compilation.
Note 3
Civil Aviation Safety Amendment Regulations 2010 (No. 2)
(2010 No. 277)
The following amendments commence on 1 March 2012:
Schedule 2
[1] Paragraph 90.020 (2) (i)
omit
exits.
insert
exits;
[2] After paragraph 90.020 (2) (i)
insert
(j) landing gear aural warning systems and associated devices.
[3] Paragraph 90.230 (1) (c)
omit
31
insert
20
[4] Subregulation 90.230 (1), note
omit
[5] Subregulation 90.270 (3)
omit
31
insert
20
[6] Subregulation 90.270 (3), note
omit
[7] Regulation 90.285, note at the foot
omit
[8] After regulation 90.285
insert
90.290 Landing gear aural warning systems
(1) The registered operator of an aeroplane to which this Subpart applies, other than an aeroplane that complies with FARs section 25.729 as in force on 6 January 1992, commits an offence if:
(a) the registered operator:
(i) operates the aeroplane; or
(ii) permits a person to operate the aeroplane; and
(b) while the aeroplane is operating, the aeroplane does not have a landing gear aural warning system and associated devices that meet the standard for landing gear aural warning systems and associated devices set out in the Part 90 Manual of Standards.
Penalty: 50 penalty units.
Source FARs section 121.289 modified.
(2) An offence against subregulation (1) is an offence of strict liability.
[9] Regulation 90.410, note at the foot
omit
[10] After regulation 90.410
insert
90.415 Landing gear aural warning systems
(1) This regulation applies to an aeroplane that:
(a) is an aeroplane to which this Subpart applies; and
(b) has 10 or more passenger seats; and
(c) has wing flaps and retractable landing gear; and
(d) is not an amphibian.
(2) The registered operator of the aeroplane commits an offence if:
(a) the registered operator:
(i) operates the aeroplane; or
(ii) permits a person to operate the aeroplane; and
(b) while the aeroplane is operating, the aeroplane does not have a landing gear aural warning system and associated devices that meet the standard for landing gear aural warning systems and associated devices set out in the Part 90 Manual of Standards.
Penalty: 50 penalty units.
Source FARs Part 135 Appendix A modified.
(3) An offence against subregulation (2) is an offence of strict liability.
[11] Dictionary, Part 1, after definition of Amateur Built Aircraft Acceptance
insert
amphibian means an aeroplane that is designed to take off from, and land on, either land or water.
As at 1 December 2010 the amendments are not incorporated in this compilation.
Note 4
Civil Aviation Safety Amendment Regulations 2010 (No. 2)
(2010 No. 277)
The following amendment commences on 1 January 2016:
Schedule 3
[1] Subregulation 90.255 (1), including the note
substitute
(1) This regulation applies to:
(a) a transport category aeroplane that:
(i) is an aeroplane to which this Subpart applies; and
(ii) was originally certificated on or after 1 January 1958; and
(b) a non-transport category aeroplane that:
(i) is an aeroplane to which this Subpart applies; and
(ii) was originally certificated on or after 1 January 1965.
As at 1 December 2010 the amendment is not incorporated in this compilation.
Table A Application, saving or transitional provisions
Statutory Rules 2000 No. 227
4 Transitional
Despite the amendments made by regulation 3 and Schedules 4 and 5, until the end of 31 August 2001 a requirement under either the Civil Aviation Regulations 1998 or the Civil Aviation Regulations 1988 for an authorised release certificate for an aircraft component is satisfied by an airworthiness tag/release note (within the meaning of the Civil Aviation Regulations 1998 as in force immediately before the commencement of this regulation) for the component.