{"id":"F2024L00935","name":"CASA EX44/24 — Maintenance on Limited Category and Experimental Aircraft Exemption 2024","slug":"casa-ex44-24-maintenance-on-limited-category-and-experimental-aircraft-exemption-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105307,"registerId":"commonwealth-F2024L00935-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX44/24 — Maintenance on Limited Category and Experimental Aircraft Exemption 2024","content":"Instrument number CASA EX44/24\n\nI, Daniel bernard o’hagan, Manager, Legislative Drafting, Legal, International & Regulatory Affairs Division, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed D.B. O’Hagan\\]\n\nDanny O’Hagan  \nManager, Legislative Drafting  \nLegal, International & Regulatory Affairs Division\n\n29 July 2024\n\nCASA EX44/24 — Maintenance on Limited Category and Experimental Aircraft Exemption 2024\n\n1 Name\n\nThis instrument is CASA EX44/24 — Maintenance on Limited Category and Experimental Aircraft Exemption 2024.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 August 2024; and\n\n(b) is repealed at the earlier of the following:\n\n(i) the commencement of Parts 1 and 2 of Schedule 1 to the Civil Aviation Legislation Amendment (Part 43—Maintenance of Aircraft) Regulations 2024;\n\n(ii) the end of 31 July 2027.\n\n3 Definitions\n\n> Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: approved design organisation, certificate of airworthiness, experimental certificate, special certificate of airworthiness and limited category aircraft as defined in the CASR Dictionary, and approved maintenance data as defined in regulation 2 of CAR.\n\nIn this instrument:\n\n> exempted aircraft means an aircraft that is a limited category aircraft or an aircraft in relation to which an experimental certificate is in force.\n\n> exempted aircraft maintenance means maintenance on an exempted aircraft that is not the following:\n\n(a) maintenance of instruments and equipment on the exempted aircraft required by CASR, CAR or the Civil Aviation Orders;\n\n(b) maintenance to comply with a condition on the special certificate of airworthiness or experimental certificate for the exempted aircraft;\n\n(c) maintenance specified in an airworthiness directive or in a direction issued by CASA;\n\n(d) maintenance to comply with an instruction specified in the exempted aircraft’s approved maintenance data.\n\n> major design change, in relation to an exempted aircraft, means a design change that has a significant effect on any of the following:\n\n(a) the weight and balance of the aircraft;\n\n(b) the structural strength of the aircraft;\n\n(c) the performance of the aircraft;\n\n(d) the operational characteristics of the aircraft;\n\n(e) other characteristics that may affect the validity of the special certificate of airworthiness or the experimental certificate for the aircraft.\n\n4 Application\n\nThis instrument applies to the registered operator of an exempted aircraft and to each person carrying out exempted aircraft maintenance.\n\n5 Exemptions\n\n(1) In relation to exempted aircraft maintenance, the registered operator of the aircraft and the person carrying out the maintenance are exempt from compliance with the following provisions of CAR:\n\n(a) regulation 42U;\n\n(b) paragraphs 42W(2)(b) and (4)(a) and (c).\n\n(2) For the registered operator, the exemptions are subject to the condition mentioned in subsection 6(1).\n\n6 Conditions\n\n(1) If the exempted aircraft maintenance involves a major design change, the registered operator of the exempted aircraft must not operate the aircraft or allow the aircraft to be flown after the maintenance until the following requirements are satisfied:\n\n(a) the registered operator has provided the information mentioned in subsection (2) in writing to:\n\n(i) CASA’s Airworthiness and Engineering Branch; or\n\n(ii) an authorised person who holds power to make decisions under regulations 21.006A and 21.009 and the provisions of Subpart 21.M of CASR; or\n\n(iii) a person who is authorised to issue a certificate of airworthiness in the category of the exempted aircraft; or\n\n(iv) an approved design organisation;\n\n(b) the person to whom the information is provided informs the registered operator in writing that the major design change is acceptable.\n\n(2) For paragraph (1)(a), the information is the following:\n\n(a) a description of the maintenance that involves the major design change;\n\n(b) if the maintenance has been carried out, photographs that provide supplementary explanation of the key steps of the description mentioned in paragraph (a);\n\n(c) the reasons for making the major design change;\n\n(d) how the maintenance may affect each of the matters mentioned in the definition of major design change;\n\n(e) why the major design change will not adversely affect the safety of the exempted aircraft.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not broaden the classes of aircraft or persons covered beyond limited‑category/experimental aircraft and their registered operators and maintainers; it temporarily alters which CAR maintenance provisions apply and imposes a disclosure/acceptance condition for major design changes (ss 3–6). There is no open expansion of regulatory scope beyond the categories and exemptions stated."},"complexity_factors":["Targeted, short‑term exemption limited to limited‑category and experimental aircraft (definitions in s3).","Exemptions remove compliance with specific CAR provisions (reg 42U and parts of reg 42W) rather than creating new technical standards (s5(1)).","Detailed carve‑outs: several types of maintenance remain outside the exemption (instrument/equipment, certificate conditions, airworthiness directives, approved maintenance data) — increases scope‑checking for each task (s3).","Conditional approval pathway for 'major design change' requiring written technical submissions and written acceptance before flight — procedural burden on operators (s6(1)–(2)).","Multiple possible recipients for submissions (CASA branch, authorised persons, certifying persons, approved design organisations) creates administrative choice and potential for differing approaches (s6(1)(a)(i)–(iv)).","Requirement to explain safety impact and provide photographs and reasons increases evidentiary/compliance load on operators and maintainers (s6(2)(a)–(e)).","Time‑limited instrument and linkage to commencement of separate Part 43 regulations means operators must track regulatory transition timing (s2)."],"plain_english_summary":"This instrument temporarily exempts registered operators and persons carrying out maintenance on limited‑category or experimental aircraft from specified CAR maintenance provisions, changing which maintenance rules apply while it runs (commences 1 Aug 2024; ends on commencement of new Part 43 rules or 31 Jul 2027) (ss 1–2, 5). If maintenance involves a ‘‘major design change’’, the operator must send specified technical information and photos to CASA, an authorised decision‑maker, a certifying person, or an approved design organisation and obtain written acceptance before the aircraft is flown (s6)."},"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument creates a new, time-limited exemption for a specific category of aircraft and maintenance; it does not alter the scope of any existing instrument."},"complexity_factors":["Exemption instrument with conditional relief","Creates a defined term ‘exempted aircraft maintenance’ that excludes mandatory maintenance items","Imposes a specific process for major design changes, requiring written acceptance before further flight","Interacts with multiple regulatory sources (CAR, CASR, airworthiness directives, approved maintenance data)"],"plain_english_summary":"This CASA exemption lets registered operators and those who work on limited-category and experimental aircraft carry out non-mandatory (non-safety-critical) maintenance without complying with certain Civil Aviation Regulations, giving greater flexibility for routine work. However, any maintenance amounting to a major design change that could affect weight, structure, performance or certificate validity must be reported in writing to CASA (or an authorised/approved body) and cannot return to flight until written acceptance is received, preserving oversight of significant modifications."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: providing temporary maintenance relief for limited category and experimental aircraft pending the commencement of Part 43 maintenance regulations. The scope has not expanded beyond this specific transitional purpose."},"complexity_factors":["Short instrument (6 sections, approximately 1.5 pages)","Only 2 defined terms in the instrument itself ('exempted aircraft' and 'exempted aircraft maintenance'), though it references external definitions","Single exemption with straightforward conditional logic (subsection 6(1) creates one condition for major design changes)","Clear structure: definitions → application → exemptions → conditions","Limited cross-referencing (references to CAR regulations 42U and 42W, and CASR provisions, but these are standard citations)","No nested exceptions or complex temporal provisions beyond the standard sunset clause"],"plain_english_summary":"**What this legislation does:**\n\nThis instrument creates a temporary exemption allowing owners and mechanics to perform certain maintenance work on two specific types of aircraft—**limited category aircraft** (older or historically significant planes) and **experimental aircraft** (home-built or modified planes)—without following the usual strict maintenance rules in the Civil Aviation Regulations.\n\n**Who it affects:**\n- **Registered operators** (owners) of limited category or experimental aircraft\n- **People doing maintenance** on these aircraft (mechanics, engineers, or the owners themselves)\n\n**What maintenance is covered:**\nThe exemption applies to routine or non-critical maintenance—things like general repairs or modifications that don't involve:\n- Required instruments and safety equipment\n- Conditions specifically listed on the aircraft's certificate\n- Safety directives from CASA (the aviation safety regulator)\n- Manufacturer's approved maintenance instructions\n\n**The catch—major design changes:**\nIf the maintenance involves a **major design change** (something that significantly affects weight, balance, structural strength, performance, or flight characteristics), the owner must:\n1. Document what was done, why, and how it affects safety\n2. Submit this to CASA or an approved expert\n3. **Wait for written approval** before flying the aircraft\n\n**Why it matters:**\nThis exemption makes it easier and cheaper for enthusiasts and owners to maintain vintage, historic, or home-built aircraft while still protecting safety. It bridges the gap until new permanent maintenance rules (Part 43) come into effect. Without this exemption, these aircraft would be stuck with expensive, impractical maintenance requirements designed for commercial airliners.\n\n**When it ends:**\nThis is temporary—it automatically expires when new maintenance regulations start, or by 31 July 2027 at the latest."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex44-24-maintenance-on-limited-category-and-experimental-aircraft-exemption-2024","history":"/api/acts/casa-ex44-24-maintenance-on-limited-category-and-experimental-aircraft-exemption-2024/history","analysis":"/api/acts/casa-ex44-24-maintenance-on-limited-category-and-experimental-aircraft-exemption-2024/analysis","conflicts":"/api/acts/casa-ex44-24-maintenance-on-limited-category-and-experimental-aircraft-exemption-2024/conflicts","importantCases":"/api/acts/casa-ex44-24-maintenance-on-limited-category-and-experimental-aircraft-exemption-2024/important-cases","documents":"/api/acts/casa-ex44-24-maintenance-on-limited-category-and-experimental-aircraft-exemption-2024/documents"}}