CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.900 Manual of Standards for Part 172

(1) A document called 'Manual of Standards (MOS) - Part 172' published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 172.022.

(2) The procedures in regulations 172.022A, 172.022B and 172.022C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.

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 AA, as in force from time to time.

aircraft engineer licence means any of the following licences granted under regulation 66.025:

(a) subcategory A1;

(b) subcategory A2;

(d) subcategory A4;

(e) subcategory B1.1;

(f) subcategory B1.2;

(g) subcategory B1.3;

(h) subcategory B1.4;

(i) category B2;

(j) category C.

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 65.0 7 5 (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 has the meaning given in Annex 15 to the Chicago Convention.

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.

amphibian means an aeroplane that is designed to take off from, and land on, either land or water.

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.

apron , of an aerodrome, has the meaning given by the Air Services Regulations.

approved means approved by CASA.

approved form means:

(a) for an application -- the form approved by CASA under subregulation 11.030 (3) for the application (if any); and

(b) for a document other than an application -- the form approved by CASA under regulation 11.018 for the document (if any).

approved maintenance data -- see regulation 2A of CAR.

ARFFS provider has the meaning given by subregulation 139.705 (1).

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.

ATS provider has the meaning given by regulation 172.015.

ATS training provider has the meaning given by regulation 143.015.

ATSO means an Australian Technical Standard Order mentioned in paragraph 21.601 (2) (a).

ATSO authorisation -- see paragraph 21.601 (2) (b).

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 of CASR 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 has the meaning given by clause 18 of Part 2 of this Dictionary.

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.

certificate of release to service means:

(a) for an aircraft -- a document that complies with subregulation 42.760 (1); and

(b) for an aeronautical product -- a document that complies with subregulation 42.810 (1) or (2).

certification basis means:

(a) for an aircraft, aircraft engine or propeller for which there is a type certificate -- the type certification basis for the aircraft, aircraft engine or propeller; and

(b) for an aircraft, aircraft engine or propeller for which there is a foreign type certificate -- the foreign type certification basis for the aircraft, aircraft engine or propeller.

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 section 3 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

(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

Dictionary means this Dictionary.

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 manual , for an aircraft -- see clause 37 of Part 2 of this Dictionary.

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 technical log , for an aircraft, means the log required under regulation 42.220 for the aircraft.

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 certification basis , for an aircraft, aircraft engine or propeller, means the airworthiness standards and any special conditions or other conditions with which the aircraft, aircraft engine or propeller must comply for the issue of a foreign type certificate.

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.

holder , of an authorisation (within the meaning given by Part 11), means:

(a) if the authorisation has not been transferred -- the person to whom it was granted; or

(b) if the authorisation has been transferred -- the person to whom it was transferred or, if it has been transferred more than once, the person to whom it was most recently transferred.

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.

in-house maintenance , for an aeronautical product (the first aeronautical product) to be fitted to an aircraft or another aeronautical product (the second aeronautical product ), means maintenance carried out on the first aeronautical product by a Part 145 organisation that will fit the product to the aircraft or the second aeronautical product.

in-house release document , for an aeronautical product on which in-house maintenance has been carried out, means the document that:

(a) is issued by the Part 145 organisation that carried out the in-house maintenance; and

(b) includes a statement to the effect that, in respect of the in-house maintenance, the product is serviceable, within the meaning given by subregulation 42.015 (1); and

instrument approach procedure means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply.

instrument departure procedure , for an aircraft, means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from 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%, can intercept the planned flight route; 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).

licensed aircraft maintenance engineer means an individual who holds an aircraft engineer licence that is in force.

light balloon -- see subregulation 101.145 (4).

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

(d) if the aircraft is a glider -- has a maximum never-exceed speed (V _ne) 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.

lighter-than-air aircraft is the generic term for aircraft that are supported chiefly by their buoyancy in the air.

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.

major defect means:

(a) in relation to an aeronautical product that is not fitted to an aircraft -- a defect of such a kind that the aeronautical product, if fitted to an aircraft, may affect the safety of the aircraft or cause the aircraft to become a danger to persons or property; and

(b) in relation to an aircraft -- a defect of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to persons or property.

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.

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.

minimum equipment list , for an aircraft, means a list of each defect in the aircraft that is approved as a permissible unserviceability under regulation 37 of CAR.

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.

modification/repair design approval means an approval granted under regulation 21.435 or 21.437.

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 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.

off-shore installation means an installation that is erected on, or floating in the sea above, the continental shelf for the purpose of extracting, or exploring for, petroleum or natural gas.

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).

Part 42 Manual of Standards means the Manual of Standards issued by CASA under regulation 42.020.

Part 145 organisation means a person who holds an approval under regulation 145.030 that is in force.

pilot-owner , of an aircraft, means an individual who:

(a) owns the aircraft; and

(b) is authorised, under Part 5 of CAR, to fly the aircraft.

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 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

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

(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 , of an aircraft, 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.

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.

specialised helicopter operation means a helicopter operation that involves the carriage of persons or cargo:

(a) between the coast of Australia and an off-shore installation; or

(b) between off-shore installations; or

(i) a hospital; or

(ii) a State or Territory service (however described) established to provide assistance in emergencies.

standard certificate of airworthiness see regulation 21.175.

standard part means a part that complies with a specification that:

(a) is established, published and maintained by:

(i) an organisation that sets consensus standards for products; or

(ii) a government agency; and

(b) includes:

(i) design, manufacturing, test and acceptance criteria; and

(ii) requirements for the uniform identification of the part.

Example for subparagraph (a) (i)

The Institute of Electrical and Electronics Engineers -- see http://www.ieee.org/portal/site .

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

terminal instrument flight procedure means an instrument approach procedure or instrument departure procedure.

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-in-service means:

(a) for an aircraft -- each period starting when the aircraft takes off for a flight and ending when the aircraft lands at the end of the flight; and

(b) for an aircraft engine or propeller that is fitted to an aircraft -- each period starting when the aircraft takes off for a flight and ending when the aircraft lands at the end of the flight.

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, aircraft engine or propeller, means the airworthiness standards and any special conditions or other conditions with which the aircraft, aircraft engine or propeller 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.

V _SO 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 Parts and materials excluded from the definition of aeronautical product

(1) For the definition of aeronautical product in section 3 of the Act, a part or material that is part of or used in an aircraft is excluded if:

(a) the part or material:

(i) is not mentioned in the approved design for the aircraft; and

(ii) is not approved in a manner mentioned in regulation 21.305 or 21.305A; or

(b) the part or material is mentioned in a legislative instrument issued under subclause (2).

(2) For subsection 98 (5A) of the Act, CASA may issue a legislative instrument that specifies that a part or material is excluded from the definition of aeronautical product in section 3 of the Act.

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.

18 Meaning of authorised release certificate

(1) For the purposes of CAR:

"authorised release certificate" , for an aircraft component, means a document that complies with regulation 42WA of CAR.

(2) For the purposes of CASR:

authorised release certificate , for an aeronautical product, means:

(a) if maintenance has not been carried out on the product since its manufacture, and the manufacture of the product was permitted by or under Part 21 -- a document:

(i) issued by the manufacturer of the product; and

(ii) that includes a statement to the effect that the product is serviceable, within the meaning given by subregulation 42.015 (1); or

(b) if maintenance has not been carried out on the product since its manufacture, and the manufacture of the product was permitted by the law of a foreign country -- a document of a kind specified in the Part 42 Manual of Standards as being equivalent to a document mentioned in paragraph (a); or

(c) if maintenance has been carried out on the product under these Regulations -- a certificate of release to service for the product in relation to the maintenance issued under Division 42.H.4 that is in the approved form; or

(d) if maintenance has been carried out on the product under the law of a foreign country -- a document of a kind specified in the Part 42 Manual of Standards as being equivalent to a document mentioned in paragraph (c).

Note for paragraph (a) Part 21 permits the manufacture of aeronautical products in a number of ways, including under APMAs, ATSO authorisations, type certificates and production certificates.

Note 1 for paragraph (c) Under subregulation 42.810 (1), a certificate of release to service for an aeronautical product in relation to maintenance carried out on an aeronautical product that is not in-house maintenance must be in the approved form.

Note 2 for paragraph (c) Under subregulation 42.810 (2), a certificate of release to service for an aeronautical product in relation to in-house maintenance carried out on an aeronautical product must either be in the approved form or be in the form of an in-house release document.

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;

(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

(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.

37 References to flight manual

A reference in these Regulations to an aircraft's flight manual :

(a) is a reference to:

(i) if the aircraft's type certification basis required the provision of an aircraft flight manual -- that manual; or

(ii) if regulation 21.005 applies to the aircraft -- the manual that must be given to the owner of the aircraft under that regulation; or

(iii) for an aircraft not mentioned in subparagraph (i) or (ii) -- another document that contains the aircraft's operating limitations and other information required for safe operation of the aircraft; and

(b) includes each amendment to the flight manual that:

(i) is approved by CASA or an authorised person under regulation 21.006A; or

(ii) is made at the direction of CASA under Subpart 11.G; or

(iii) relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the NAA that issued the foreign type or supplemental type certificate; and

(i) is approved by CASA or an authorised person under regulation 21.006A; or

(ii) is made at the direction of CASA under Subpart 11.G; or

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.

Part 3 Definitions for this Part, Parts 42, 66, 145 and 147 and Subparts 202.BA, 202.CG, 202.GE and 202.GG

1 General

In this Part, Parts 42, 66, 145 and 147, and Subparts 202.BA, 202.CG, 202.GE and 202.GG:

aircraft type training , for a rating, means the training for the rating delivered by a maintenance training organisation in accordance with a course plan for the training approved by CASA under regulation 147.030.

approval rating :

(a) for a Subpart 42.F organisation -- has the meaning given by subregulation 42.015 (1); and

(b) for a Part 145 organisation -- has the meaning given by subregulation 145.010 (1).

"approved maintenance organisation" means a Subpart 42.F organisation or a Part 145 organisation.

"aviation industry standard" means a document specified in the Part 42 Manual of Standards as an aviation industry standard.

base maintenance , for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation's exposition as being base maintenance for the organisation.

"carries out maintenance" , in relation to an approved maintenance organisation, has the meaning given by subclause 5 (5).

"carrying out maintenance on an aeronautical product" has the meaning given by subclause 5 (2).

"carrying out maintenance on an aircraft" has a meaning affected by clause 5.

"category A licence" means a subcategory A1, A2, A3 or A4 aircraft engineer licence .

"category" B1 licence means a subcategory B1.1, B1.2, B1.3 or B1.4 aircraft engineer licence .

"category" B2 licence means a category B2 aircraft engineer licence .

"category C licence" means a category C aircraft engineer licence .

"category training" , for a category A, B1 or B2 licence, means training in the required units of competency for the licence.

certification authorisation means an authorisation that an approved maintenance organisation grants to an individual in accordance with the Part 42 Manual of Standards or the Part 145 Manual of Standards to do either or both of the following on behalf of the organisation:

(a) perform maintenance certifications;

(b) issue certificates of release to service.

"certifying employee" , for particular maintenance, means an individual who holds a certification authorisation that is in force from an approved maintenance organisation for the maintenance.

"employee" , in relation to an approved maintenance organisation, includes a maintenance services subcontractor.

excluded State means a foreign country specified as an excluded State in the Part 66 Manual of Standards.

"exempt public authority" has the meaning given by section 9 of the Corporations Act 2001 .

foreign company means:

(a) a body corporate:

(i) that is incorporated in an external Territory, or outside Australia and the external Territories; and

(ii) that is not an exempt public authority; or

(b) an unincorporated body that:

(i) is formed in an external Territory, or outside Australia and the external Territories; and

(ii) under the law of its place of formation, may sue or be sued, or may hold property in the name of its secretary or of an officer of the body duly appointed for that purpose; and

(iii) does not have its head office or principal place of business in Australia.

foreign licence means:

(a) a licence that:

(i) is granted under a national aviation law of a foreign country, other than a foreign country that is an excluded State; and

(ii) complies with Annex 1, Personnel Licensing , to the Chicago Convention; and

(iii) deals with the provision of maintenance services; or

(b) an authorisation that:

(i) is issued by a foreign company, other than a foreign company incorporated or formed in an excluded State; and

(ii) deals with the provision of maintenance services; or

(c) a licence mentioned in paragraph (a) and an authorisation mentioned in paragraph (b) that together deal with the provision of maintenance services.

"instructions for continuing airworthiness" , for an aircraft or aeronautical product, has the meaning given by clause 10.

large aircraft means:

(a) an aeroplane that:

(i) has a maximum take-off weight of more than 5 700 kg; and

(ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b) (ii) of the definition of small aircraft ; or

(b) an aeroplane that:

(i) has a maximum take-off weight of not more than 5 700 kg; and

(ii) is of a type and model specified in the Part 42 Manual of Standards as a large aircraft; or

(i) has more than 1 engine; and

(ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d) (ii) of the definition of small aircraft ; or

(d) a helicopter that:

(i) has only 1 engine; and

(ii) is of a type and model specified in the Part 42 Manual of Standards as a large aircraft.

line maintenance , for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation's exposition as being line maintenance for the organisation.

"maintenance certification" means a certification performed under Division 42.H.2.

"maintenance data" has the meaning given by clause 15.

maintenance services means the following:

(a) carrying out maintenance on an aircraft or an aeronautical product;

(b) performing maintenance certification for maintenance carried out on an aircraft;

(c) issuing a certificate of release to service for an aircraft or aeronautical product in relation to maintenance carried out on the aircraft or aeronautical product.

"maintenance services subcontractor" , for an approved maintenance organisation, has the meaning given by clause 20.

"maintenance training" means category training or aircraft type training.

"maintenance training organisation" means a person who holds an approval under regulation 147.030 that is in force.

Part 66 Manual of Standards means the Manual of Standards issued by CASA under regulation 66.015.

Part 145 Manual of Standards means the Manual of Standards issued by CASA under regulation 145.015.

Part 147 Manual of Standards means the Manual of Standards issued by CASA under regulation 147.015.

"permitted aircraft type" means an aircraft type, within the meaning given by subregulation 66.010 (1), specified in the Part 66 Manual of Standards as one for which an approved maintenance organisation may arrange for the manufacturer of the aircraft or the aircraft engine to provide training and assessment.

permitted training means:

(a) training and assessment for an aircraft type, within the meaning given by subregulation 66.010 (1), aircraft system or subset of an aircraft system specified in the Part 66 Manual of Standards as one for which a Part 145 organisation may provide training and assessment; or

(b) training and assessment for a permitted aircraft type.

"provides" has the meaning given by clause 25.

rating means an authorisation granted under regulation 66.080, being a permission:

(a) to perform maintenance certification, under a category B1 or B2 licence, for maintenance carried out on a particular type rated aircraft type; or

(b) to issue a certificate of release to service, under a category B1, B2, or C licence, for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft.

recognised State means a foreign country specified as a recognised State in the Part 66 Manual of Standards.

small aircraft means:

(a) an aeroplane that:

(i) has a maximum take-off weight of not more than 5 700 kg; and

(ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b) (ii) of the definition of large aircraft; or

(b) an aeroplane that:

(i) has a maximum take-off weight of more than 5 700 kg; and

(ii) is of a type and model specified in the Part 42 Manual of Standards as a small aircraft; or

(i) has only 1 engine; and

(ii) is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d) (ii) of the definition of large aircraft ; or

(d) a helicopter that:

(i) has more than 1 engine; and

(ii) is of a type and model specified in the Part 42 Manual of Standards as a small aircraft.

specialist maintenance means:

(a) for a Subpart 42.F organisation:

(i) maintenance specified in the Part 42 Manual of Standards as specialist maintenance; and

(ii) maintenance that CASA has approved in the organisation's exposition as being specialist maintenance for the organisation; and

(b) for a Part 145 organisation:

(i) maintenance specified in the Part 145 Manual of Standards as specialist maintenance; and

(ii) maintenance that CASA has approved in the organisation's exposition as being specialist maintenance for the organisation.

Subpart 42.F organisation means a person who holds an approval under regulation 42.515 that is in force.

"supervising , in relation to maintenance being carried out, " has the meaning given by clause 30.

"type rated aircraft type , for an aircraft engineer licence, " means an aircraft type, within the meaning given by subregulation 66.010 (1), specified in the Part 66 Manual of Standards as a type rated aircraft type for the licence.

"unit of competency" means a unit of the Australian Quality Training Framework Aeroskills Training Package, as in force from time to time.

5 Definitions relating to carrying out maintenance

Meaning of carrying out maintenance on an aircraft

(1) A reference to carrying out maintenance on an aircraft includes:

(a) carrying out maintenance on an aeronautical product that is fitted to the aircraft at the time the maintenance is carried out; and

(b) carrying out maintenance on an aeronautical product that is not fitted to the aircraft at the time the maintenance is carried out, in the circumstances mentioned in subclause (3) or (4).

Meaning of carrying out maintenance on an aeronautical product

(2) A reference to carrying out maintenance on an aeronautical product is a reference to carrying out maintenance on an aeronautical product that is not fitted to an aircraft at the time the maintenance is carried out, other than in the circumstances mentioned in subclause (3) or (4).

(3) The circumstances are that:

(a) the aeronautical product (the removed product ) is removed from a location on the aircraft; and

(b) the removal of the removed product is permitted, by the maintenance data for maintenance to be carried out on the removed product, for the purpose of improving access for the carrying out of maintenance on that product; and

(c) the removed product is returned to the same location on the aircraft at the completion of the maintenance for which it was removed.

(4) The circumstances are that:

(a) the aeronautical product (the removed product ) is removed from a location on the aircraft; and

(b) the removal of the removed product is for the purpose of carrying out maintenance that is necessary to rectify a defect in the removed product; and

(c) the maintenance data for the maintenance does not require the use of specified tools or equipment for carrying out the maintenance; and

(d) the removed product is returned to the same location on the aircraft at the completion of the maintenance; and

(e) the serviceability of the removed product can be tested, using an aircraft system, after the removed product is returned to the aircraft.

Carrying out of maintenance by approved maintenance organisations

(5) An approved maintenance organisation carries out maintenance if the maintenance is carried out on the organisation's behalf by an individual.

10 Meaning of instructions for continuing airworthiness

(1) Instructions for continuing airworthiness , for an aircraft or aeronautical product, means written instructions, as in force from time to time:

(a) that specify requirements, procedures and standards for the continuing airworthiness of the aircraft or aeronautical product; and

(b) that are:

(i) issued by any of the persons mentioned in subclause (2); or

(ii) for an aircraft or aeronautical product for which there is a design for a modification or repair that is taken to have been approved under subregulation 21.465 or 21.470 -- included, or referred to, in the document that contains the design.

(2) The persons are the following:

(a) the holder of the type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate for the aircraft or aeronautical product;

(b) the holder of any of the following for the design of a modification of, or a repair to, the aircraft or aeronautical product:

(i) a modification/repair design approval; or

(ii) an approval granted in accordance with a method specified in a legislative instrument issued under regulation 21.475; or

(iii) an approval that continues in force under regulation 202.054, 202.055 or 202.056;

15 Meaning of maintenance data

(1) Subject to subclauses (2), (3) and (4), maintenance data , for maintenance to be carried out on an aircraft or aeronautical product, means procedures for carrying out the maintenance, as in force from time to time, that are mentioned in:

(a) the instructions for continuing airworthiness for the aircraft or aeronautical product; or

(b) if the instructions for continuing airworthiness do not include procedures for carrying out the maintenance -- an aviation industry standard that applies to the maintenance.

(2) Subject to subclauses (3) and (4), if, at a particular time:

(a) a Part 145 organisation is carrying out maintenance on an aircraft or aeronautical product; and

(b) the organisation has written a procedure for carrying out the maintenance;

then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the organisation.

(3) Subject to subclause (4), if, at a particular time:

(a) a continuing airworthiness management organisation is providing continuing airworthiness services for an aircraft; and

(b) the organisation has written a procedure for carrying out the maintenance on the aircraft or on an aeronautical product fitted to the aircraft;

then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the aircraft or aeronautical product.

(4) If, at a particular time, an airworthiness directive that applies to an aircraft or aeronautical product mentions a procedure for carrying out the maintenance, then, at that time, the procedure in the airworthiness directive is the maintenance data for the maintenance.

20 Meaning of maintenance services subcontractor

(1) A person is a maintenance services subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to provide maintenance services on behalf of the organisation.

(2) An employee of a maintenance services subcontractor under subregulation (1) is also a maintenance services subcontractor .

25 Meaning of provides

An organisation provides any of the following services or training if its employees provide the service or training for or on behalf of the organisation:

(a) maintenance services;

(b) permitted training;

(d) maintenance training.

30 Meaning of supervising

A person (the supervisor ) is supervising the carrying out of maintenance done by another person if the supervisor:

(a) is physically present at the place that the maintenance is being carried out; and

(b) is observing the maintenance being carried out to the extent necessary to enable the supervisor to form an opinion as to whether the maintenance is being carried out properly; and

Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.900