Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.195B

         (1)    Subject to subregulation (4), an experimental certificate issued for the purpose of research and development, showing compliance with regulations, crew training or market surveys, continues in force:

                (a)    if a period of less than one year is specified in the certificate -- until the end of the period, or until it is cancelled, whichever occurs first; or

               (b)    in any other case -- until the end of the period of one year after the date on which it was issued, or until it is cancelled, whichever occurs first.

         (2)    Subject to subregulation (4), an experimental certificate issued for the purpose of exhibition, air racing, operating amateur-built, kit-built or light sport aircraft or private operations of prototype aircraft previously certificated under paragraph 21.191 (a), (b) or (d), continues in force:

                (a)    if a period is specified in the certificate -- until the end of the period, or until it is cancelled, whichever occurs first; or

               (b)    in any other case -- until it is cancelled.

         (3)    The holder of an experimental certificate must, on the request of CASA or an authorised person, make it available for inspection by CASA.

Penalty:   5 penalty units.

         (4)    An experimental certificate for an aircraft stops being in force if the aircraft ceases to be registered in Australia.

         (5)    CASA or an authorised person may suspend or cancel an experimental certificate for an aircraft, by written notice given to its holder, if:

                (a)    any maintenance is not carried out in accordance with regulation 42CB of CAR; or

               (b)    CASA or the authorised person otherwise considers that it is necessary to do so in the interests of the safety of other airspace users and persons on the ground or water.

         (6)    A notice under subregulation (5) must set out:

                (a)    the grounds for the suspension or cancellation; and

               (b)    in the case of a suspension -- when the suspension stops having effect.

         (7)   Despite anything else in this regulation, an experimental certificate is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.

         (8)    The holder of an experimental certificate that stops being in force under subregulation (4), expires, or is suspended or cancelled, must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person.

Penalty:   5 penalty units.

         (9)   An offence against subregulation (3) or (8) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

Source    FARs section 21.181 modified.

Note    See also regulations 21.002C and 21.002E in relation to suspension and cancellation of experimental certificates.