{"id":"F2013L01747","name":"CASA 197/13 - Maintenance on warbird and historic and replica aircraft (WHR) - directions and licence condition","slug":"casa-197-13-maintenance-on-warbird-and-historic-and-replica-aircraft-whr-directions-and-licence-cond","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":127801,"registerId":"commonwealth-F2013L01747-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 197/13 - Maintenance on warbird and historic and replica aircraft (WHR) - directions and licence condition","content":"Instrument number CASA 197/13\n\nI, john francis mcCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.068 and 11.245 of the Civil Aviation Safety Regulations 1998 (CASR 1998).\n\n\\[Signed John F. McCormick\\]\n\nJohn F. McCormick \nDirector of Aviation Safety\n\n24 September 2013\n\nMaintenance on warbird and historic and replica aircraft (WHR) — directions and licence condition\n\n1 Commencement, taking effect and duration\n\n1.1This instrument commences immediately after the commencement of Civil Aviation Order 104.0 Amendment Instrument 2013 (No. 1).\n\n1.2This instrument takes effect for a COA holder immediately after subsection 8 of CAO 104.0 (Certificates of approval — application, grant and conditions) (CAO 104.0) takes effect for the holder.\n\n1.3This instrument takes effect for each of a COA holder’s employed authority or type rating holders, and WHR employees, immediately after the direction takes effect for the COA holder.\n\n1.4This instrument takes effect for an independent engineer on and from 1 October 2013.\n\n1.5 This instrument stops having effect at the end of 30 September 2016, as if it had been repealed by another instrument.\n\n2 Definitions\n\nIn this instrument:\n\n> AEL means aircraft engineer licence.\n\n> authority or type rating holder means a person who holds 1 or more of the following:\n\n(a) an airworthiness authority under paragraph 33B (1) (a) of the Civil Aviation Regulations 1988 (CAR 1988) to carry out maintenance on a WHR;\n\n> Note The abbreviation WHR is used to denote a class of aircraft comprising Warbirds, Historic aircraft and Replica aircraft and is defined in this section.\n\n(b) an airworthiness authority under paragraph 33B (1) (d) of CAR 1988 to conduct non-destructive testing (NDT) of aircraft and aircraft components;\n\n(c) an aircraft welding authority under subregulation 33D (1) of CAR 1988;\n\n(d) an authorisation under subregulation 42ZC (6) of CAR 1988 to carry out maintenance for paragraph 42ZC (4) (e) of CAR 1988;\n\n(e) a category B1 or B2 licence with a rating for a type rated aircraft type that is a WHR.\n\n> Note Type rated aircraft type is defined in Part 3 of the Dictionary in CASR 1998.\n\n> CAR 1988 means the Civil Aviation Regulations 1988.\n\n> category B1 licence holder has the same meaning as in subregulation 66.010 (1) of CASR 1998.\n\n> category B2 licence holder has the same meaning as in subregulation 66.010 (1) of CASR 1998.\n\n> CAO means Civil Aviation Order.\n\n> certification authorisation, for an employee of a COA holder, means a certification authorisation issued by the COA holder under subsection 8 of CAO 104.0, authorising the employee to perform Part 1 WHR maintenance.\n\n> COA holder means a person who holds a certificate of approval under regulation 30 of CAR 1988 for maintenance of aircraft, aircraft components or aircraft materials.\n\n> employed authority or type rating holder means a person who is an authority or type rating holder employed by a COA holder.\n\n> independent engineer means a person who is not an employee of a COA holder, and:\n\n(a) who is either:\n\n(i) a licenced aircraft maintenance engineer who may perform maintenance certification for maintenance on a class B aircraft under paragraph 42ZC (4) (b) of CAR 1988; or\n\n(ii) an authority or type rating holder; and\n\n(b) whose licence, authority or type rating under subparagraph (a) (i) or (a) (ii) is such as to permit the person to perform maintenance certification for the maintenance of a WHR under paragraph 42ZC (4) (b) of CAR 1988.\n\n> Note Paragraph 42ZC (4) (b) of CAR 1988 excludes Schedule 7 maintenance. All such licences, authorities and type rating are subject to the condition imposed under section 7.\n\n> Part 1 WHR licence means a licence in the Licence Category mentioned for a WHR in column 2 of Part 1 of the table in Schedule 1.\n\n> Part 2 WHR licence means a licence in the Licence Category mentioned for a WHR in column 2 of Part 2 of the table in Schedule 1.\n\n> Part 1 WHR maintenance means maintenance on a WHR mentioned in Part 1 of the table in Schedule 1.\n\n> Part 2 WHR maintenance means maintenance on a WHR mentioned in Part 2 of the table in Schedule 1.\n\n> scheduled maintenance, for a WHR, means maintenance that is scheduled by the maintenance schedule that applies to the WHR.\n\n> Note Maintenance schedule is defined in subregulation 2 (1) of CAR 1988.\n\n> trained WHR employee means a WHR employee of a COA holder who:\n\n(a) has successfully completed training and assessment in accordance with subsection 8 of CAO 104.0; and\n\n(b) holds a current certification authorisation.\n\n> unlisted WHR means a WHR that is:\n\n(a) not mentioned in Part 1 or Part 2 of the table in Schedule 1; or\n\n(b) deemed by section 6.3 to be an unlisted WHR.\n\n> unscheduled maintenance, for a WHR, means maintenance that is neither scheduled maintenance nor maintenance referred to in Schedule 7 of CAR 1988.\n\n> WHR means an aircraft that is:\n\n(a) either:\n\n(i) manufactured in accordance with the requirements of, and accepted for use by, an armed force; or\n\n> Note Such an aircraft is colloquially known as a warbird.\n\n(ii) an historic or replica aircraft that CASA or an authorised person is satisfied meets the airworthiness requirements for the issue of a standard certificate of airworthiness (except any requirements that are inappropriate for the special purpose for which the aircraft is to be used); and\n\n(b) issued with:\n\n(i) a special certificate of airworthiness for limited category aircraft under regulation 21.189 of CASR 1998; or\n\n(ii) an experimental certificate for aircraft under paragraph 21.191 (d) or (e) of CASR 1998.\n\n> Note The tables in Parts 1 and 2 of Schedule 1 refer to an aircraft in terms of its combined airframe and engine type as mentioned in the subcolumns of column 1 of the tables.\n\n> WHR employee means a person who is an employee of a COA holder and who is:\n\n(a) a category B1 licence holder in a subcategory that is applicable to the WHR on which he or she proposes to carry out maintenance under subsection 8 of CAO 104.0; or\n\n(b) a category B2 licence holder.\n\n3 Application\n\n3.1This instrument applies for the carrying out of maintenance on a WHR.\n\n> Note The instrument contains directions and conditions variously addressed to COA holders their employees, and independent engineers.\n\n3.2This instrument does not affect the operation of regulation 42G of CAR 1988.\n\n> Note Regulation 42G of CAR 1988 concerns who may be qualified as an “appropriate person” to conduct the independent inspection required when an aircraft flight control system is assembled, adjusted, repaired, modified or replaced in the course of maintenance on the aircraft.\n\n3.3 Subject to section 7, this instrument does not affect the operation of paragraph 42ZC (4) (b) of CAR 1988 in respect of a class B aircraft.\n\n> Note Paragraph 42ZC (4) (b) of CAR 1988 concerns maintenance on a class B aircraft (other than as mentioned in Schedule 7 of CAR 1988) carried out by an independent engineer not engaged by a COA holder, or carried out by a person employed by such an engineer.\n\n3.4This instrument does not affect the operation of paragraph 42ZC (4) (d) of CAR 1988 in respect of a WHR.\n\n> Note Paragraph 42ZC (4) (d) of CAR 1988 concerns maintenance, specified in Schedule 8 of CAR 1988, that may be carried out by a pilot on a class B aircraft. A WHR is a class B aircraft.\n\n3.5This instrument does not affect a category B1 licence holder, or a category B2 licence holder, who is authorised to carry out the maintenance mentioned in Schedule 8 of CAR 1988.\n\n> Note Under instrument CASA 155/11, for paragraph 42ZC (4) (e) of CAR 1988, each subcategory B1 licence holder, or category B2 licence holder, is authorised to carry out the maintenance mentioned in Schedule 8 of CAR 1988 on any class B aircraft, including a WHR.\n\n3.6To avoid doubt, this instrument does not affect anything done for or under Part 145 of CASR 1998.\n\n4 Direction for Part 1 WHR — COA holders and WHR maintenance\n\n4.1A COA holder may only carry out Part 1 WHR maintenance if the maintenance is carried out by:\n\n(a) a trained WHR employee of the COA holder who holds a Part 1 WHR licence for the WHR and who holds a current certification authorisation; or\n\n(b) an employed authority or type rating holder who holds a current certification authorisation.\n\n4.2Subject to section 7, a person may not carry Part 1 WHR maintenance unless:\n\n(a) the maintenance is carried out under a COA holder; and\n\n(b) the person is:\n\n(i) a trained WHR employee of the COA holder who holds a Part 1 WHR licence for the WHR and who holds a current certification authorisation; or\n\n(ii) an employed authority or type rating holder who holds a current certification authorisation.\n\n5 Direction for Part 2 WHR — COA holders and WHR maintenance\n\n5.1A COA holder may only carry out Part 2 WHR maintenance if the maintenance is carried out by:\n\n(a) a WHR employee of the COA holder who holds Part 2 WHR licence for the WHR (whether or not a trained WHR employee or the holder of a current certification authorisation); or\n\n(b) an employed authority or type rating holder (whether or not the holder of a current certification authorisation).\n\n5.2Subject to section 7, a person may not carry out Part 2 WHR maintenance unless:\n\n(a) the maintenance is carried out under a COA holder; and\n\n(b) the person is:\n\n(i) a WHR employee of the COA holder who holds a Part 2 WHR licence (whether or not a trained WHR employee or the holder of a current certification authorisation); or\n\n(ii) an employed authority or type rating holder (whether or not the holder of a current certification authorisation).\n\n> Note Section 5 is consistent with the current privileges of a COA holder, an employed licence holder, and an employed authority or type rating holder under CAR 1988 for Part 2 WHR maintenance. It is included in the Direction both for completeness and in anticipation of regulatory amendments which, in due course, will similarly codify the requirements for WHR.\n\n6 Direction for other WHR — COA holders and WHR maintenance\n\n6.1For an unlisted WHR, a COA holder may only carry out maintenance on the WHR as if it were Part 1 WHR maintenance and subsection 4.1 applied to the holder for the WHR.\n\n> Note Over time, where, on the basis of analysis and experience, CASA is satisfied that it is safe to do so, CASA may amend this Direction by adding other WHR to Part 1 or Part 2 of the table in Schedule 1.\n\n6.2Subject to section 7, for an unlisted WHR, a person may only carry out maintenance on the WHR as if it were Part 1 WHR maintenance and subsection 4.2 applied to the person for the WHR.\n\n6.3For subsection 6.1 and 6.2, a WHR with an airframe mentioned in column 1 of Part 2 of the table in Appendix 3 whose piston engine type has been modified to be a turbine engine type, is deemed to be an unlisted WHR.\n\n7 Condition — on AEL or authority of independent engineer\n\nFor subregulation 11.068 (1) of CASR 1998, it is a condition on the AEL, or the airworthiness authority or the aircraft welding authority of an independent engineer that, for Part 1 WHR maintenance, he or she may only perform maintenance certification for unscheduled maintenance that is not maintenance mentioned in Schedule 7 of CAR 1988.\n\n> Note 1 An independent engineer may perform maintenance certification for maintenance, or carry out aircraft maintenance or welding (as the case may be) on a class B aircraft (including a WHR mentioned in Part 2 of the table in Schedule 1) under paragraph 42ZC (4) (b) of CAR 1988. However, for a WHR mentioned in Part 1 of Schedule 1, he or she is restricted by this condition to performing maintenance certification, or carrying out aircraft maintenance or welding for unscheduled maintenance only.\n\n> Note 2 Under instrument CASA 155/11, for paragraph 42ZC (4) (e) of CAR 1988, each subcategory B1 licence holder, or category B2 licence holder, is authorised to carry out the maintenance mentioned in Schedule 8 of CAR 1988 on any class B aircraft, including a WHR.\n\nSchedule 1 — WHR\n\nPart 1\n\nPart 1 — for an employed authority or type rating holder and a trained WHR employee – certification required\n\n> Note 1 Only an employed authority or type rating holder or a trained WHR employee, issued with a certification authorisation, may carry out maintenance on these aircraft.\n\n> Note 2 The “Suggested identification for a certification authorisation” (if any) mentioned in column 3 of the tables in Appendix 3 refers to a suggested means of identifying certification authorisations for Civil Aviation Order 104.0. It is included here for information only.\n\n> Note: (See section 4)\n\n```html\n

Aircraft

Licence categories

Suggested identification for a certification authorisation

Airframe

Engine type

Aero Vodochody L 29 Delphin

Motorlet M‑701C 500

B1.1; B2

L29

Aero Vodochody L 39 Albatross

Ivchenko AI-25TL

B1.1; B2

L 39

BAC Jet Provost

A-S Viper

B1.1; B2

Jet Provost

BAC Strikemaster

Rolls-Royce Viper Mk.535 turbojet

B1.1; B2

Strikemaster

Bell Cobra

Lycoming T53‑L‑13

B1.3; B2

AH-1G

Bell Iroquois Huey

Lycoming T53‑L‑11

B1.3; B2

UH series

CAC Sabre

RR Avon

B1.1; B2

Sabre

Cessna Dragonfly

General Electric J85-GE-17A

B1.1; B2

Dragonfly

DH 115 Vampire

DH Goblin

B1.1; B2

DH115

English Electric/Handley Page Canberra

RR Avon

B1.1; B2

Canberra

Folland Gnat

BS Orpheus

B1.1; B2

Gnat

Fouga CM 170 Magister

Turbomeca Marbore

B1.1; B2

CM 170

Gloster Meteor

RR Derwent

B1.1; B2

Meteor

Hawker Hunter

RR Avon

B1.1; B2

Hunter

Lockheed C121 Constellation

Wright R‑3350‑DA3

B1.2; B2

Constellation

Lockheed P2v Neptune

Wright R-3350 and Westinghouse J 34

B1.1; B1.2; B2

Neptune

Mikoyan Mig 15

Klimov VK 1

B1.1; B2

Mig 15

Mikoyan Mig 17

Klimov VK-1F

B1.1; B2

Mig 17

Mikoyan Mig 21

Tumansky

B1.1; B2

Mig 21

Savoia Marchetti S211

P&W JT15D-4C

B1.1; B2

S211

Soko Galeb

A-S/RR Viper

B1.1; B2

Galeb

TS-11 Iskra

WSK SO-3

B1.1; B2

TS-11

\n```\n\n \n\nPart 2\n\n> Note An employed authority or type rating holder, a trained WHR employee, and a WHR employee, who is not a trained WHR employee may carry out maintenance on these aircraft.\n\n(See section 5)\n\n```html\n

Aircraft

Licence Categories

Airframe

Engine type

Aermacchi AM-3 Bosbok

Lycoming

B1.2; B2

AESL CT4/CT6

Cont IO-360

B1.2; B2

Antonov AN2 Colt

Shvetsov

B1.2; B2

Beech 18

PW R 985

B1.2; B2

BA/Klemm Eagle

Gypsy Major

B1.2; B2

BA/Klemm L-25 Swallow

Continental

B1.2; B2

CAC Boomerang

P&W R-1830

B1.2; B2

CAC Mustang

RR/Packard Merlin

B1.2; B2

CAC Winjeel

P&W R-985

B1.2; B2

CAC Wirraway

P&W R-1340

B1.2; B2

Cessna O2A/B

Cont. IO-360

B1.2; B2

Cessna L19/305 Bird Dog

Cont. O-470

B1.2; B2

Comper Swift

Pobjoy/Gypsy Major

B1.2; B2

Consolidated Catalina

PW R-1830

B1.2; B2

Convair CV340

R-2800

B1.2; B2

Curtis P 40

Allison V‑1710

RR/Packard Merlin

B1.2; B2

DH 84 Dragon

Gypsy Major

B1.2; B2

DH 89 Dragon Rapide

Gyspy 6

B1.2; B2

DH 83 Fox Moth

Gypsy

B1.2; B2

DH 60 Moth

Gypsy

B1.2; B2

Dh 82 Tiger Moth

Gypsy Major

B1.2; B2

Dh 94 Moth Minor

Gypsy Minor

B1.2; B2

DHA3 Drover

Gypsy Major

B1.2; B2

DHC1 Chipmunk

Piston (various types)

B1.2; B2

DHC 4 Caribou

PW R-2800

B1.2; B2

Douglas A-26/B-26 Attacker/Invader

PW R-2800

B1.2; B2

Douglas C47/DC3

PW R‑1830/
Wright R‑1820

B1.2; B2

Douglas DC4

PW R-2000

B1.2; B2

Fiat G59

RR/Packard Merlin

B1.2; B2

Grumman Avenger

Wright R‑2600

B1.2; B2

Grumman S2 Tracker

Wright R‑1820

B1.2; B2

Hawker Sea Fury

Bristol Centaurus

B1.2; B2

Lockheed Hudson

Wright R‑1820

B1.2; B2

Nanchang CJ 6

Zhouzhou

B1.2; B2

North American Mustang

RR/Packard Merlin

B1.2; B2

North American T28

Wright R‑1820

B1.2; B2

North American T6/SNJ/Harvard

P&W R-1340

B1.2; B2

Percival Provost Mk1

Alvis Leonides

B1.2; B2

PZL Wilga

Ivchenko

B1.2; B2

Ryan (all)

Menasco Pirate, Gypsy Major

B1.2; B2

Short Scion

Pobjoy

B1.2; B2

Supermarine Spitfire

RR/Packard Merlin

B1.2; B2

Vultee BT 13

P&W R-985

B1.2; B2

Yakovlev Yak‑18A/Yak‑18T

Vedeneyev

B1.2; B2

Yakovlev Yak 50

Klimov

B1.2; B2

Yakovlev Yak 52

Vedeneyev

B1.2; B2

Auster series

Piston (various types)

B1.2; B2

Piper Cub series

Piston (various types)

B1.2; B2

Cessna 100, 200 series

Piston (various types)

B1.2; B2

Taylorcraft

Piston (various types)

B1.2; B2

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument narrows who may perform and certify maintenance for Part 1 WHR by requiring COA‑based work by trained, authorised employees or employed authority/type‑rating holders (sections 4.1–4.2) and by imposing a condition on independent engineers limiting them to certifying only unscheduled Part 1 maintenance (section 7). Those provisions modify the broader maintenance certification permissions in CAR 1988 (paragraph 42ZC(4)(b)) by imposing additional restrictions (section 3.3). The instrument is time‑limited (section 1.5)."},"complexity_factors":["Multiple cross-references to existing instruments and regulations (CASR 1998 regs 11.068, 11.245; CAR 1988 paras 33B, 42ZC; CAO 104.0) (instrument header; sections 1, 2, 3)","Detailed definitional framework that creates several overlapping categories (AEL, authority/type‑rating holder, COA holder, trained WHR employee, independent engineer, Part 1/Part 2/unlisted WHR) (section 2)","Layered operational directions that differ for Part 1 and Part 2 WHR maintenance and for COA employees versus employed authorities (sections 4 and 5)","A restrictive licence condition specifically targeted at independent engineers for Part 1 WHR (section 7) that interacts with paragraph 42ZC(4)(b) of CAR 1988 (section 3.3; section 7)","Extensive schedules listing specific aircraft and associated licence categories, creating granular, aircraft‑by‑aircraft application (Schedule 1, Parts 1 & 2 and Appendices)","Temporal and commencement complexity: staged take‑effect tied to CAO 104.0 and a fixed repeal date (section 1)","Express saving and non‑derogation clauses preserving certain CAR/CASR privileges and Part 145 operations, which requires reading across instruments (sections 3.2–3.6)"],"plain_english_summary":"This instrument sets rules for who may maintain “warbird, historic and replica” (WHR) aircraft: it divides WHR maintenance into Part 1 and Part 2, requires COA holders to use authorised, trained employees or employed authority/type‑rating holders for most Part 1 work, and limits what independent engineers may certify. It applies to COA holders, their employees and independent engineers and runs from late 2013 until 30 September 2016. It matters because it changes who must do and sign off WHR maintenance and so shifts compliance costs and operational control."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1795},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument maintains its original scope as indicated by the title. It remains focused specifically on maintenance requirements for warbird, historic and replica aircraft, without expanding into unrelated aviation safety areas."},"complexity_factors":["Extensive cross-referencing to Civil Aviation Regulations 1988 (CAR 1988), Civil Aviation Safety Regulations 1998 (CASR 1998), and Civil Aviation Order 104.0","18 defined terms with nested definitions creating multiple categories of personnel (COA holders, WHR employees, trained WHR employees, independent engineers, authority holders)","Bifurcated regulatory scheme distinguishing Part 1 WHR (jets/high-performance) from Part 2 WHR (piston historic) with different competency requirements","Conditional exception provisions preserving other regulatory pathways (sections 3.2-3.6) creating layered applicability","Detailed scheduling of 70+ specific aircraft types matched to specific engine variants in two separate tables","Different regulatory treatment based on employment status (independent engineers face restrictions that employed engineers do not)","Sunset clause creating temporary duration with cascading commencement dates for different stakeholder groups"],"plain_english_summary":"This instrument sets who may perform and certify maintenance on warbird, historic and replica (WHR) aircraft in Australia by splitting them into higher-risk Part 1 and less-complex Part 2 categories, each with different qualification and COA-employment requirements. Independent engineers are limited to certifying only unscheduled (not routine) maintenance on Part 1 WHR aircraft. \n\nIt aims to keep rare, high-performance and historic aircraft safe by ensuring maintenance is done by appropriately qualified personnel within approved organisations."}},"importantCases":[],"_links":{"self":"/api/acts/casa-197-13-maintenance-on-warbird-and-historic-and-replica-aircraft-whr-directions-and-licence-cond","history":"/api/acts/casa-197-13-maintenance-on-warbird-and-historic-and-replica-aircraft-whr-directions-and-licence-cond/history","analysis":"/api/acts/casa-197-13-maintenance-on-warbird-and-historic-and-replica-aircraft-whr-directions-and-licence-cond/analysis","conflicts":"/api/acts/casa-197-13-maintenance-on-warbird-and-historic-and-replica-aircraft-whr-directions-and-licence-cond/conflicts","importantCases":"/api/acts/casa-197-13-maintenance-on-warbird-and-historic-and-replica-aircraft-whr-directions-and-licence-cond/important-cases","documents":"/api/acts/casa-197-13-maintenance-on-warbird-and-historic-and-replica-aircraft-whr-directions-and-licence-cond/documents"}}