EXPLANATORY MEMORANDUM

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					EXPLANATORY STATEMENT

Select Legislative Instrument 2005 No. 321 Issued under the authority of the Minister for Transport and Regional Services Civil Aviation Act 1988 Civil Aviation Amendment Regulations 2005 (No. 4)

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations in relation to the safety of air navigation, being regulations with respect to any other matters with respect to which the Parliament has power to make laws. Subsection 9(1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits. The Regulations introduce a new certification category of aircraft called Light Sport Aircraft (LSA) in Part 21 of the Civil Aviation Safety Regulations 1998 (CASR). Part 21 of CASR deals with the certification and airworthiness requirements for aircraft and parts. The Regulations also amend the CASR Dictionary, Part 1, to define the meaning of LSA. The Regulations also amend the Civil Aviation Regulations 1988 (CAR) to define the operating limitations for LSA consequential to the amendments made to Part 21 of CASR. The Regulations specifically:  Introduce a special certificate of airworthiness for production LSA;  Introduce an experimental certificate for kit-built LSA;  Introduce an experimental certificate for production LSA that can not meet the LSA standards for a special certificate of airworthiness for LSA; and  Align the requirements for issuing a Certificate of Airworthiness for LSA and operating LSA with similar practices applied by the United States of America (USA) Federal Aviation Administration (FAA). Background to amendments for light sport aircraft Part 21 of CASR became effective in October 1998 as part of CASA’s Regulatory Reform Programme (RRP) and covers the certification and airworthiness requirements including type certification, production certification, airworthiness certification, and approval of aircraft engines, propellers, materials, parts, processes and appliances, and the identification of aircraft and aeronautical products. In general, Part 21 of CASR is harmonised with the USA Federal Aviation Regulations (FAR) Part 21.

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Recently, the USA FAA introduced a new category of aircraft through FAR Part 21 which enables self-certification and airworthiness control by the manufacturer for single engine, 2person aircraft with a maximum take off weight of 600 kg (or 650kgs for amphibious aircraft) referred to as Light Sport Aircraft (LSA). As part of the development of the sport and recreational aviation regulations under CASA’s RRP, these Regulations essentially harmonise with the same LSA certification requirements in FAR Part 21. Consultation CASA published a Notice of Proposed Rule Making - NPRM 0313CS - Airworthiness Requirements for Light Sport Aircraft – Proposed Amendment to CASR Part 21, on 25 June 2003. Responses to the NPRM closed 29 August 2003. NPRM 0313CS invited public and aviation community consideration and comment on a proposal to introduce a new category of aircraft called Light Sport Aircraft. The NPRM 0313CS proposed amendment to Subpart 21.H of Part 21 of CASR and the CASR Dictionary to introduce a special certificate of airworthiness for LSA and an experimental certificate for kit built LSA. The formulation of the proposal had arisen from the development of a new category of aircraft, LSA, being proposed in the USA and currently endorsed in Canada. The objectives of the proposed amendments articulated in the NPRM were to establish:  a new category of aircraft called LSA;  the acceptance requirements for a special certificate of airworthiness for production LSA;  the acceptance requirements for an experimental certificate of LSA for kit manufactured aircraft; and  the operating limitations for production LSA. CASA received twenty-seven responses to the NPRM by the closing date including a number of substantive and comprehensive submissions. All comments were evaluated and as a consequence, some deficiencies in the proposed legislation and the proposed Manual of Standards (MOS) were identified. The Regulation Amendments The Regulations amend Part 21 of CASR by introducing the acceptance criteria for the new LSA category and providing a new definition of LSA in the CASR Dictionary, Part 1. The amendments to Part 21 of CASR also identifies the LSA Standards that will provide the approved design, manufacturing, continuing airworthiness and production test standards for LSA and the qualification requirements for a LSA manufacturer. The Regulations establish:  a new category of aircraft called LSA (aligned to the USA FAR Part 21 standards);  the acceptance requirements for a special certificate of airworthiness for production LSA;  the acceptance requirements for an experimental certificate for kit built LSA and for production LSA that no longer meet the LSA standards;  a definition of LSA; and  the operating limitations for LSA.

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Light Sport Aircraft definition The amendment to the CASR Dictionary, Part 1 will define a LSA by reference to the maximum take-off weight and performance and design characteristics. The purpose is to ensure that the aircraft does not exceed a particular level of complexity. Acceptance Criteria for a Special Certificate of Airworthiness for Production LSA The amendment to Part 21 of CASR will enable the issue of a Special Certificate of Airworthiness for production LSA. In order to be granted a Special Certificate of Airworthiness, a qualified manufacturer must have manufactured the aircraft and CASA or an authorised person must have found, after inspection, that the aircraft is in a condition for safe operation. Under the Regulations, the applicant for a Special Certificate of Airworthiness for LSA will need to provide:  a statement of compliance from the manufacturer which attests that the design, manufacturing, production tests and continuing airworthiness standards comply with the LSA standards defined in Part 21;  copies of the aircraft operating instructions, maintenance and inspection procedures, and flight training supplement; and  for an imported aircraft, information indicating that the aircraft was manufactured in an International Civil Aviation Organization (ICAO) Contracting State, and the aircraft is eligible for a certificate of airworthiness, or equivalent, from the Contracting State. Acceptance requirements for an experimental certificate for a LSA The amendment to Part 21 of CASR will also establish a new purpose for which CASA may issue an experimental certificate for operating LSA. The Regulations will allow an experimental certificate to be issued for kit-built LSA and production LSA which were previously issued with a Special Airworthiness Certificate, but which no longer satisfy the LSA standards. Under the Regulations, a kit-built LSA will be eligible for an experimental certificate if a production aircraft of the same make and model had previously been issued a special certificate of airworthiness for LSA and that aircraft was manufactured and assembled by the aircraft kit manufacturer. This will ensure that the kit manufacturer has completed the process of designing, manufacturing, assembling and testing the same make and model of aircraft. In order to obtain an experimental certificate under the Regulations, an applicant will need to provide evidence that a special certificate of airworthiness or equivalent from a National Airworthiness Authority (NAA) has previously been issued to a production aircraft of the same make and model. The applicant will need to provide a statement of compliance issued by the manufacturer which attests that the design, manufacturing and continuing airworthiness standards comply with the LSA standards defined in Part 21. The applicant will also need to provide the aircraft operating instructions, aircraft maintenance and inspection procedures, aircraft flight training supplement and the manufacturer’s assembly instructions. The Regulations will allow an experimental certificate to be issued for a LSA for which a special certificate of airworthiness for LSA has been issued previously. This allows a production ready-to–fly LSA that no longer meets the requirements for a Special Certificate of Airworthiness for LSA to be eligible for the issue of an experimental certificate.

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The amendments of the Civil Aviation Regulations 1988 (operating limitations for light sport aircraft) The Regulations amend the Civil Aviation Regulations 1988 (CAR) and establish the operating limitations for production built aircraft. The operating limitations for experimental certificate LSA will be the same as the current limitations for other experimental certificate aircraft. The Regulations will allow production LSA to be operated for:  private operations;  conducting or undergoing flight training; and  glider towing. The Regulations will allow operation of a LSA only if maintenance and inspections have been carried out on the aircraft in accordance with maintenance procedures issued by the manufacturer. The Regulations will also require a placard to be displayed in a position easily visible by all persons on board the aircraft indicating that the aircraft has not been subjected to, or tested against, the requirements for the issue of a standard certificate of airworthiness. Each passenger must also be told by the pilot about the warning displayed on the placard. The Regulations will also require that the aircraft must not be operated contrary to the aircraft operating instructions, a safety direction issued by the manufacturer, or any other operating limitations issued by CASA and given to the operator. The Regulations will allow a person appointed by CASA to perform the continuing airworthiness functions on behalf of the manufacturer if the manufacturer no longer exists or cannot provide continuing airworthiness. The Office of Regulation Review (ORR) assessed that the Regulations have a direct affect on business and that a Regulation Impact Statement (RIS) was required. Accordingly, CASA has prepared RIS 0314 which accompanies the explanatory statement. The ORR has advised that the RIS satisfies the Australian Government RIS requirements and the analysis in the RIS is adequate and commensurate with the impacts. The ORR Identification Number for compliance purposes is ORR ID No.5758. Schedule 1 of the Regulations:  amends Part 21, titled Certification and Airworthiness Requirements for Aircraft and Parts, of the Civil Aviation Safety Regulations 1998; and  amends the Dictionary, Part 1 of the Civil Aviation Safety Regulations 1998. Schedule 2 of the Regulations amends Part 14, Division 6, of the Civil Aviation Regulations 1988 titled Operating Limitations for Aircraft Certificated in Certain Categories and Experimental Aircraft. The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments. Details of the Regulations are attached.

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ATTACHMENT

Details of the Civil Aviation Amendment Regulations 2005 (No. 4) Regulation 1 – Name of Regulations Regulation 1 names the Regulations as the Civil Aviation Amendment Regulations 2005 (No. 4). Regulation 2 – Commencement Regulation 2 provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments. Regulation 3 – Amendment of Civil Aviation Safety Regulations 1998 Regulation 3 provides that Schedule 1 amends the Civil Aviation Safety Regulations 1998. Regulation 4 – Amendment of Civil Aviation Regulations 1988 Regulation 4 provides that Schedule 2 amends the Civil Aviation Regulations 1988. Schedule 1 Amendments of Civil Aviation Safety Regulations 1998
(regulation 3)

Item [1] - New Regulation 21.172 - Definitions for Subpart Item [1] inserts new regulation 21.172 that provides definitions for the light sport aircraft (LSA) standards and the qualified manufacturer. Item [2] - Subregulation 21.173 (1) Item [2] amends subregulation 21.173 (1) by adding the owner of an aircraft that is registered with a sport aviation body to the persons who are eligible to apply for a certificate of airworthiness. Item [3] - Subregulation 21.173 (1) Item [3] inserts a note referring to the definition of sport aviation body. Item [4] - Regulation 21.175, definition of a special certificate of airworthiness, paragraph (a) Item [4] amends paragraph 21.175 (a) by adding light sport aircraft to the types of aircraft that can be issued with a special certificate of airworthiness. Items [5] and [6] - Subregulation 21.181 (4) Items [5] and [6] together, amends subregulation 21.181 (4) by inserting a new paragraph (c). The new paragraph ensures a special certificate of airworthiness stops being in force if a modification made to a light sport aircraft has not been authorised by the manufacturer or a person appointed by the Civil Aviation Safety Authority (CASA) to authorise a modification, or if the modification does not comply with the LSA standards.

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Item [7] - Paragraph 21.182 (1) (a) Item [7] removes an incorrect reference to regulation 21.820 and replaces it with a reference to Subpart 21.Q (Identification of aircraft and aeronautical products). Item [8] - Paragraph 21.182 (2) (a) Item [8] amends paragraph 21.182 (2) (a) to require a light sport aircraft issued with an experimental certificate to be identified as required by Subpart 21.Q. Item [9] – New Regulation 21.186 – Special certificates of airworthiness for light sport aircraft Item [9] inserts a new regulation 21.186, Special Certificate of Airworthiness for light sport aircraft, that entitles the applicant to be issued with a special certificate of airworthiness if the aircraft is manufactured by a qualified light sport aircraft manufacturer, the aircraft is in a safe condition for operation and the applicant gives CASA or an authorised person a statement of compliance prepared by the manufacturer, with the aircraft operating instructions, the maintenance and inspection procedures and the flight training supplement. If the aircraft is imported, information must be provided that shows the aircraft was manufactured in a Contracting State and is eligible to be issued with a certificate of airworthiness, or an equivalent document, in the country of manufacture. The statement of compliance by the aircraft manufacturer:  includes the aircraft make, model, serial number and date of manufacture;      specifies which of the design standards apply to the design of the aircraft and shows that the design of the aircraft complies with the LSA standards; shows that the manufacturer has a quality system that complies with the LSA standards and that, based on that system, the aircraft conforms to the manufacturer’s design data; states that the manufacturer will make the operating instructions, maintenance and inspection procedures, and flight-training supplement available to any person; shows that the manufacturer will monitor the continued airworthiness of the aircraft and issue directions to correct an unsafe condition; and shows that the aircraft complies with the LSA standard for production acceptance test procedures.

Items [10] and [11] - New paragraphs 21.191(j) and 21.191(k). Items [10] and [11] insert two new paragraphs (j) and (k) into regulation 21.191 – Experimental certificates. The new paragraph 21.191(j) allows an experimental certificate to be issued for the purpose of operating a kit-built light sport aircraft if the applicant supplies the information, statement and documents mentioned in proposed paragraph 21.193 (e) (see Item [14] following), the aircraft was assembled in accordance with the manufacturer’s instructions and a production aircraft of the same make and model has been issued with a special certificate of airworthiness for LSA.

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New paragraph 21.191(k) allows an experimental certificate to be issued for a light sport aircraft for which a special certificate of airworthiness has previously been issued. This allows production aircraft that no longer meet the requirements of a special certificate of airworthiness for LSA to be eligible for the issue of an experimental certificate. Item [12] – Regulation 21.192 Item [12] amends regulation 21.192 by adding the owner of an aircraft that is registered with a sport aviation body to the persons who are eligible to apply for an experimental certificate of airworthiness. Item [13] - Regulation 21.192 Item [13] inserts a note referring to the definition of sport aviation body. Items [14] and [15] – Regulation 21.193 The effect of items [14] and [15] is to insert a new paragraph (e) into regulation 21.193. The new paragraph requires an applicant for an experimental certificate for a kit-built LSA to give CASA, or an authorised person, information showing that a special certificate of airworthiness or similar document has been issued for the same make and model, together with a statement of compliance from the manufacturer showing that the aircraft kit was manufactured in accordance with the requirements mentioned in subregulation 21.186(2), in so far as the information relates to the manufacture of a kit. Also, the applicant must give CASA, or an authorised person, copies of the aircraft operating instructions, maintenance and inspection procedures and flight training supplement, and the manufacturer’s assembly instructions. Item [16] - Subregulation 21.195B (2) Item [16] amends subregulation 21.195B(2) (duration of experimental certificates) to include light sport aircraft in the aircraft to which it applies. Item [17] – Subregulation 21.820 (2) Item [17] amends subregulation 21.820(2) so that the manufacturer, rather than the holder of a type certificate or production certificate, is required to attach the manufacturer’s data plate to the aircraft. Item [18] – Regulation 200.004 Item [18] replaces regulation 200.004 to make it consistent with regulation 200.014. At present, the regulation outlines the aircraft to which it applies. That description is repeated in Civil Aviation Order 95.12.1. The replacement ensures that the application provisions remain consistent. Item [19] – Regulations 200.013 and 200.014 Item [19] replaces regulations 200.013 and 200.014. This makes regulation 200.013 consistent with regulation 200.014. At present, the regulation outlines the aircraft to which it applies. That description is repeated in Civil Aviation Order 95.32. The replacement ensures

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that the application provisions remain consistent. The replacement of regulation 200.014 updates the style of reference now adopted for Civil Aviation Orders.

Item [20] - Dictionary, Part 1 Item [20] amends the Dictionary, Part 1, by inserting a definition for light sport aircraft. Schedule 2 Amendments of Civil Aviation Regulations 1988
(regulation 4)

Item [1] - Regulation 262AK Item [1] amends regulation 262AK to provide that Division 6 (Operating limitations for aircraft certificated in certain categories and experimental aircraft) also applies to light sport aircraft for which a special certificate of airworthiness is issued. Item [2] – New regulation 262APA – Light sport aircraft – operating limitations Item [2] inserts a new regulation; “262APA - Light sport aircraft – operating limitations”. It specifies that a person must not operate a light sport aircraft unless it is for private operations, flight training, or glider towing. The regulation requires that maintenance must be carried out in accordance with the manufacturer’s procedures, and that inspections must be carried out every 12 months. If the aircraft is operated for flight training, glider towing, or hire, the inspections must be carried out every 100 hours time in service (TIS) or every 12 months, whichever occurs first. The regulation also requires that all modifications must be authorised by the manufacturer. The regulation requires that the person who operates the aircraft must ensure that a placard with the prescribed information is installed and displayed so that it is clearly visible to all persons on board the aircraft. Each passenger must also be informed that the aircraft has not been subjected to, or tested against, the requirements for the issue of a standard certificate of airworthiness. The regulation prescribes a penalty of 50 penalty units for non-compliance. The offence is an offence of strict liability. The regulation also provides that unless approved by the manufacturer, a person must not operate the aircraft contrary to the aircraft operating instructions or a safety direction issued by the manufacturer. The regulation prescribes a penalty of 50 penalty units for noncompliance. The offence is an offence of strict liability. The regulation requires that a person must not operate the aircraft contrary to any additional operational limitation imposed by CASA on the aircraft in the interests of aviation safety. The regulation prescribes a penalty of 50 penalty units for non-compliance. The offence is an offence of strict liability.

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The regulation also provides that if the manufacturer no longer exists or can no longer provide instruction for continuing airworthiness of the aircraft, anything required to be done under a provision of the regulation by the manufacturer can be done by a person appointed by CASA.


				
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