I, Philippa Jillian spence, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 5 of the Civil Aviation Regulations 1988 and regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.
Pip Spence
Director of Aviation Safety
15 February 2024
Civil Aviation Order 95.55 Amendment Instrument 2024 (No. 1)
This instrument is Civil Aviation Order 95.55 Amendment Instrument 2024 (No. 1).
This instrument commences on the day after it is registered.
3 Amendment of Civil Aviation Order 95.55
Schedule 1 amends Civil Aviation Order 95.55 (Exemptions from CAR and CASR — Certain Light Sport Aircraft, Lightweight Aeroplanes and Ultralight Aeroplanes) Instrument 2021.
Schedule 1 Amendments
[1] Subsection 5, the Note
after
These include:
insert (in their respective alphabetical positions)
modification/repair design approval, type certificated,
[2] Paragraphs 8.7 and 8.8
repeal and substitute
8.7 A person must not operate a type certificated ultralight aeroplane that has been repaired, or modified to differ from its type design, unless the repair or modification is:
(a) designed in accordance with 1 of the following:
(i) an approval under regulation 35 of CAR, as in force before 27 June 2011;
(ii) a modification/repair design approval;
(iii) an approval mentioned in regulation 21.475 of CASR;
(iv) an approval under regulation 21.465 or 21.470 of CASR;
(v) a CASA specification in or under an airworthiness directive;
(vi) a specification in the aeroplane’s approved maintenance data;
(vii) an RAAus approval in accordance with a process for the approval of modifications and repairs specified in the RAAus exposition — but only if:
(A) RAAus is the relevant sport aviation body; and
(B) a certificate of airworthiness under regulation 21.176 of CASR is not in force for the aeroplane (other than because of the operation of paragraph 21.181 (4) (a) of CASR); and
(b) carried out in accordance with the approval or the specified design.
Note Sub-subparagraph 8.7 (a) (vii) does not apply to the modification or repair of a type certificated ultralight aeroplane if a certificate of airworthiness under regulation 21.176 of CASR is in force or would be in force but for the operation of paragraph 21.181 (4) (a) of CASR.
8.8 A person must not operate a type certificated lightweight aeroplane that has been repaired, or modified to differ from its type design, unless the repair or modification is:
(a) designed in accordance with:
(i) an approval under regulation 35 of CAR, as in force before 27 June 2011; or
(ii) a modification/repair design approval; or
(iii) an approval mentioned in regulation 21.475 of CASR; or
(iv) an approval under regulation 21.465 or 21.470 of CASR; or
(v) a CASA specification in or under an airworthiness directive; or
(vi) a specification in the aeroplane’s approved maintenance data; and
(b) carried out in accordance with the approved or specified design.
[3] Paragraph 8.10
omit
ultralight aeroplane (first occurring)
insert
ultralight aeroplane (other than a type certificated ultralight aeroplane)