Commonwealth legislation

Civil Aviation Amendment Order (No. R77) 2004 - Civil Aviation Order 95.30 - Exemption from provisions of the Civil Aviation Regulations 1988 & the Civil Aviation Safety Regulations 1998 - British Aerospace MK 127 aircraft (12/12/2004)

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legislative instrument

Plain English Summary

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This Order replaces section 95.30 to exempt BAe Hawk Mk 127 aircraft from certain Civil Aviation Regulations during production or acceptance flight testing, provided specified conditions are met.

Mechanically, British Aerospace Australia (BAeA) must control airworthiness-related test authorisation and inspect aircraft before tests (s3.1, s3.3); the RAAF must authorise pilots, apply military crew standards and specified flight-test publications, and operations outside military airspace must follow JASAP (s3.2–3.6). BAeA and the RAAF bear compliance costs; CASA delegates operational discretion to them.

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Direct links to the current provisions in Civil Aviation Amendment Order (No. R77) 2004 - Civil Aviation Order 95.30 - Exemption from provisions of the Civil Aviation Regulations 1988 & the Civil Aviation Safety Regulations 1998 - British Aerospace MK 127 aircraft (12/12/2004).

Civil Aviation Amendment Order (No. R77) 2004 - Civil Aviation Order 95.30 - Exemption from provisions of the Civil Aviation Regulations 1988 & the Civil Aviation Safety Regulations 1998 - British Aerospace MK 127 aircraft (12/12/2004)

Civil Aviation Amendment Order

(No. R77) 2004

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under subregulation 308 (1) of the Civil Aviation Regulations 1988.

[Signed Bruce Byron]

Bruce Byron

Director of Aviation Safety and

Chief Executive Officer

12 December 2004

__________________

1 Name of Order

This Order is the Civil Aviation Amendment Order (No. R77) 2004.

2 Commencement

This Order commences on gazettal.

3 Replacement of section 95.30 of the Civil Aviation Orders

Section 95.30 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1 Substitution of section 95.30 of the Civil Aviation Orders

SECTION 95.30

EXEMPTION FROM PROVISIONS OF THE CIVIL AVIATION REGULATIONS 1988 AND THE CIVIL AVIATION SAFETY REGULATIONS 1998 — BRITISH AEROSPACE MK 127 AIRCRAFT

1 APPLICATION

1.1 This section applies to BAe Hawk Mk 127 aircraft undergoing flight testing in Australia.

1.2 For the purposes of regulation 200.010 of the Civil Aviation Safety Regulations 1998 (CASR 1998), this section sets out the conditions with which the aircraft to which this section applies must comply in order to be exempt from compliance with the Civil Aviation Regulations 1988 and CASR 1998.

2 DEFINITIONS

2.1 In this section:

BAeA means British Aerospace Australia Ltd.

flight testing means production flight testing or acceptance flight testing as defined in regulation 200.010 of CASR 1998.

RAAF means Royal Australian Air Force.

Joint Aviation Standards and Procedures (JASAP) means the standards and procedures issued under that title by Airservices Australia and the Department of Defence.

3 CONDITIONS

3.1 The authorisation and control of all flight testing of BAe Hawk Mk 127 aircraft to the extent necessary to ensure that the aircraft is airworthy is to be exercised by BAeA.

3.2 The authorisation and control of all flight testing of BAe Hawk Mk 127 aircraft to the extent necessary to ensure that the aircrew have appropriate ratings, medical classification and flying experience must be exercised by the RAAF in accordance with the appropriate military standards.

3.3 Before beginning any flight testing, BAeA personnel must conduct an inspection of the aircraft to determine:

(a) its compliance with the design standard; and

(b) its suitability for the flight test to be conducted.

3.4 Before beginning any flight testing, the RAAF must ensure that all RAAF pilots conducting the tests are properly authorised to do so.

3.5 All RAAF pilots conducting flight testing must do so in accordance with:

(a) the provisions of British Aerospace publication VH 101B-44A27 5M, Flight Test Schedule, RAAF Hawk Mk 127 Aircraft; and

(b) aircraft operating limitations issued from time to time by BAeA.

3.6 Flight testing operations conducted outside military airspace must be conducted in accordance with the provisions of JASAP as in force from time to time.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Civil Aviation Amendment Order (No. R77) 2004 - Civil Aviation Order 95.30 - Exemption from provisions of the Civil Aviation Regulations 1988 & the Civil Aviation Safety Regulations 1998 - British Aerospace MK 127 aircraft (12/12/2004)