Civil Aviation Amendment Regulations 2000 (No. 3)

 5 Transitional — Australian aircraft marked in accordance with CAR 1988             

 6 Transitional — aircraft registered under CAR 1988 

 7 Transitional — application for registration of an aircraft pending immediately before commencement of Part 47             

 8 Transitional — registration marks reserved for assignment under CAR 1988             

Schedule 1 Amendments of Civil Aviation Regulations 1998 commencing on gazettal             

Schedule 2 Amendments of Civil Aviation Regulations 1998 commencing on 1 October 2000             

Schedule 3 Amendments of Civil Aviation Regulations 1988 commencing on 1 October 2000             

Do not delete : Part placeholder

Do not delete : Division placeholder

1 Name of Regulations

  These Regulations are the Civil Aviation Amendment Regulations 2000 (No. 3).

2 Commencement

  These Regulations commence as follows:

 (a) on gazettal — regulations 1, 2 and 3, and Schedule 1;

 (b) on 1 October 2000 — regulations 4, 5, 6, 7 and 8, and Schedules 2 and 3.

3 Amendment of Civil Aviation Regulations 1998 commencing on gazettal

  Schedule 1 amends the Civil Aviation Regulations 1998.

4 Amendment of Civil Aviation Regulations 1998 and Civil Aviation Regulations 1988 commencing on 1 October 2000

 (1) Schedule 2 amends the Civil Aviation Regulations 1998.

 (2) Schedule 3 amends the Civil Aviation Regulations 1988.

5 Transitional — Australian aircraft marked in accordance with CAR 1988

  Despite Part 45 of CAR 1998, an Australian aircraft registered before the commencement of this regulation need not bear markings that comply with that Part until it is repainted if, until then, the aircraft bears nationality marks and registration marks in accordance with Division 7 of Part 3 of CAR 1988 (as in force immediately before the commencement of this regulation).

6 Transitional — aircraft registered under CAR 1988

 (1) An aircraft whose registration under CAR 1988 was current immediately before the commencement of this regulation is taken to be registered under Part 47 of CAR 1998.

 (2) Its registration may be cancelled under Part 47 of CAR 1998.

 (3) If its registration under CAR 1988 was for a particular period, its registration, unless sooner cancelled, remains in force until the end of that period.

 (4) The certificate of registration, or a copy of the certificate of registration, issued under CAR 1988 for the aircraft is taken to be a certificate of registration, or a copy of such a certificate, issued under Part 47 of CAR 1998.

 (5) Also, the person who was the holder of the aircraft’s certificate of registration immediately before this regulation commenced (within the meaning of CAR 1988 as in force at that time) is taken, for CAR 1998, to be the aircraft’s registration holder.

7 Transitional — application for registration of an aircraft pending immediately before commencement of Part 47

 (1) This regulation applies if:

 (a) immediately before the commencement of this regulation, an application for the registration of an aircraft was pending under CAR 1988; and

 (b) the application was in accordance with Division 2 of Part 3 of those Regulations as then in force.

 (2) The application is taken to be an application for the registration of the aircraft made, on the commencement of this regulation, in accordance with Part 47 of CAR 1998.

8 Transitional — registration marks reserved for assignment under CAR 1988

 (1) This regulation applies if, before the commencement of this regulation, CASA had:

 (a) reserved, under subregulation 16 (3) of CAR 1988, a group of symbols for assignment to an aircraft as its registration mark; and

 (b) given written notice of the reservation to the person who requested it.

 (2) CASA is taken, for Part 47 of CAR 1998, to have assigned to the aircraft a registration mark consisting of the group of symbols.

Schedule 1 Amendments of Civil Aviation Regulations 1998 commencing on gazettal

(regulation 3)

[1] Before regulation 1.1

1.0 Make-up of this Part

1.0 Make-up of this Part

1.1 Name of regulations

1.2 Commencement

1.3 Harmonisation with FARs

1.4 Dictionary

1.6 Availability of documents

1.7 Status of notes

[2] Regulation 1.4

1.4 Dictionary

 (1) The Dictionary at the end of these Regulations consists of 2 parts.

 (2) Part 1 contains:

 (a) definitions of certain expressions; and

 (b) signpost references to expressions that are explained in Part 2 or elsewhere in these Regulations.

Note    A signpost reference to an expression explained elsewhere than in the Dictionary (eg ATSO authorisation see paragraph 21.601 (2) (b)) is included in the Dictionary only if the definition of the word or expression applies outside the regulation in which the word or expression is defined.

 (3) Part 2 consists of numbered clauses that explain certain other expressions otherwise than by means of definitions.

 (4) Unless the contrary intention appears, the definition or explanation of an expression in these Regulations applies to each use of the expression in these Regulations.

 (5) The Dictionary is part of these Regulations.

[3] Regulation 1.5

omit

[4] After Part 1

Part 11 Rule making and regulatory procedures

Part 13 Investigative and enforcement procedures

[5] Before regulation 21.1

21.0 Make-up of this Part

21.0 Make-up of this Part

21.1 Applicability

21.1A Definition for Subpart

21.1B Application of Part

21.2 Falsification of applications, reports or records

21.2A Requests for information

21.2B Applicants to be told about decisions

21.2C Suspension or cancellation of an instrument

21.2D Show cause notices

21.2E Cancellation of an instrument at the request of the holder

21.3 Reporting failures, malfunctions, and defects

21.5 Aeroplane or rotorcraft flight manual

Subpart B Type certificates and type acceptance certificates

21.11 Applicability

21.12 Recognised foreign countries

21.13 Eligibility

21.13A Issue of type certificate

21.14 Recognition of foreign certification

21.15 Application for type certificate

21.16 Special standards and other conditions on type certificates

21.17 Designation of applicable airworthiness standards

21.19 Changes requiring a new type certificate

21.21 Type certificate: normal, utility, acrobatic, commuter, and transport category aircraft; manned free balloons; special classes of aircraft; aircraft engines; propellers

21.24 Type certificate: primary category aircraft

21.25 Issue of type certificate: restricted category aircraft

21.26 Type certificate: intermediate category aircraft

21.27 Type certificate: surplus aircraft of the Armed Forces

21.29 Type certificate for imported aircraft not type certificated by NAA of recognised country

21.29A Type acceptance certificate for imported aircraft certificated by NAA of recognised country

21.29B Issue of type acceptance certificates subject to conditions

21.29C Refusal to issue type acceptance certificate

21.31 Type design — meaning

21.33 Inspection and tests

21.35 Flight tests

21.37 Flight test pilot

21.39 Flight test instrument calibration and correction report

21.41 Type certificate — meaning

21.43 Location of manufacturing facilities

21.47 Transferability

21.49 Availability

21.50 Instructions for continued airworthiness and manufacturer’s maintenance manuals having airworthiness limitations sections

21.51 Type certificates and type acceptance certificates — duration and suspension or cancellation

21.53 Statement of conformity

Subpart C Provisional type certificates

21.71 Applicability

21.73 Eligibility

21.75 Application

21.76 Issue of provisional type certificate

21.77 Duration

21.78 Suspension and cancellation

21.79 Transferability

21.81 Requirements for issue and amendment of Class I provisional type certificates

21.83 Requirements for issue and amendment of Class II provisional type certificates

21.85 Provisional amendments to type certificates

Subpart D Changes to type certificates

21.91 Applicability

21.93 Classification of changes in type design

21.95 Approval of minor changes in type design

21.97 Eligibility for approval of major changes in type design

21.98 Issue of approval of major change in type design

21.99 Required design changes

21.101 Designation of applicable regulations

Subpart E Supplemental type certificates

21.111 Applicability

21.113 Eligibility for supplemental type certificate

21.113A Issue of supplemental type certificate

21.114 Foreign supplemental type certificates

21.115 Applicable requirements

21.117 Entitlement to supplemental type certificates

21.118 Duration, suspension and cancellation of supplemental type certificates

21.119 Duration, suspension and cancellation of foreign supplemental type certificates

Subpart F Production under type certificate only

21.121 Applicability

21.123 Production under type certificate

21.125 Production inspection system: Materials Review Board

21.127 Tests: aircraft

21.128 Tests: aircraft engines

21.129 Tests: variable pitch propellers

21.130 Statement of conformity

21.130A Records to be kept by manufacturer

Subpart G Production certificates

21.131 Applicability

21.133 Eligibility

21.134 Issue of production certificate

21.135 Requirements for entitlement

21.137 Location of manufacturing facilities

21.139 Quality system

21.143 Quality system data requirements: prime manufacturer

21.144 Production inspection system

21.145 Materials Review Board

21.147 Changes in quality system

21.149 Multiple products

21.151 Production limitation record

21.153 Amendment of production certificate

21.155 Transferability

21.157 Inspections and tests

21.159 Duration

21.161 Display

21.163 Privileges

21.165 Responsibility of holder

21.166 Records to be kept by holder of production certificate

Subpart H Certificates of airworthiness (except provisional certificates of airworthiness) and special flight permits

21.171 Applicability

21.173 Eligibility

21.175 Certificates of airworthiness: classification

21.176 Issue of certain certificates of airworthiness

21.179 Transferability

21.181 Duration of certain certificates of airworthiness

21.183 Standard certificates of airworthiness

21.184 Special certificates of airworthiness for primary category aircraft

21.184A Special certificates of airworthiness for intermediate category aircraft

21.185 Certificates of airworthiness for restricted category aircraft

21.187 Multiple-category airworthiness certification

21.189 Special certificate of airworthiness for limited category aircraft

21.190 Special certificates of airworthiness — amateur-built category aircraft accepted under an ABAA

21.191 Experimental certificates

21.192 Experimental certificates: eligibility

21.193 Experimental certificates: general

21.195 Experimental certificates: aircraft to be used for market surveys, sales demonstrations, and customer crew training

21.195A Issue of experimental certificates

21.195B Duration of experimental certificates

21.196 Special flight permits: eligibility

21.197 Special flight permits

21.199 Applications for special flight permits

21.200 Issue of special flight permits

21.201 Duration of special flight permits

Subpart I Provisional certificates of airworthiness

21.211 Applicability

21.213 Eligibility

21.215 Application

21.216 Issue of provisional certificates of airworthiness

21.217 Duration

21.219 Transferability

21.221 Class I provisional certificates of airworthiness

21.223 Class II provisional certificates of airworthiness

21.225 Provisional certificates of airworthiness corresponding with provisional amendments to type certificates

Subpart J Delegation option authorisation procedures

21.231 Applicability

21.235 Application

21.239 Eligibility

21.243 Duration

21.245 Maintenance of eligibility

21.247 Transferability

21.249 Inspections

21.251 Use of delegation option authorisation

21.253 Type certificates: application

21.257 Type certificates: issue

21.261 Equivalent safety provisions

21.267 Production certificates

21.269 Export airworthiness approvals

21.271 Airworthiness tag/release note — criteria for issue

21.273 Certificates of airworthiness

21.275 Experimental certificates

21.277 Data review and service experience

21.289 Major repairs, rebuilding and alteration

21.293 Records to be kept by a manufacturer under a delegation option authorisation

Subpart K Approval of materials, parts, processes and appliances

21.301 Applicability

21.303 Replacement and modification parts

21.305 Approval of materials, parts, processes and appliances

21.305A Approval of materials, parts, processes and appliances not covered by regulation 21.305

21.306 Use of standard parts and materials

Subpart L Export airworthiness approvals

21.321 Applicability

21.323 Eligibility

21.324 Issue of export airworthiness approvals

21.325 Export airworthiness approvals

21.327 Application

21.329 Issue of export airworthiness approvals for Class I products

21.331 Issue of airworthiness approvals for Class II products

21.333 Issue of export airworthiness approvals for Class III products

21.337 Performance of inspections and overhauls

21.339 Export airworthiness approval for aircraft

Subpart N Approval of engines, propellers, materials, parts and appliances: imported

21.500 Approval of imported aircraft engines and propellers

21.500A Approval of other imported aircraft engines and propellers

21.502 Approval of imported materials, parts and appliances

21.502A Approval of other imported materials, parts and appliances

Subpart O Australian Technical Standard Order Authorisations

21.601 Applicability

21.603 ATSO marking and privileges

21.605 Application and issue

21.607 General rules governing holders of ATSO authorisations

21.609 Approval for deviation

21.611 Design changes

21.613 Record keeping requirements

21.615 CASA inspection

21.617 Issue of letters of ATSO design approval: import appliances

21.619 Non-compliance

21.621 Transferability and duration

[6] Before regulation 22.1

22.0 Make-up of this Part

22.0 Make-up of this Part

22.1 Airworthiness standards

22.2 Incidental provisions

22.3 Changes to JAR-22 (Sailplanes and Powered Sailplanes)

22.4 Changes to Section E of the British Civil Airworthiness Requirements

22.5 Changes to the Airworthiness Requirements for Sailplanes and Powered Sailplanes

22.6 Approvals under JAR-22 (Sailplanes and Powered Sailplanes)

22.7 Approvals under Section E of the British Civil Airworthiness Requirements

22.8 Approvals under the Airworthiness Requirements for Sailplanes and Powered Sailplanes

22.9 Approvals under OSTIV Airworthiness Standards for Sailplanes

[7] Before regulation 23.1

23.0 Make-up of this Part

23.0 Make-up of this Part

23.1 Airworthiness standards

23.2 Incidental provisions

23.3 Changes to Part 23 of the FARs

23.4 Changes to JAR-VLA

23.5 Changes to JAR-23

23.6 Approvals under Part 23 of the FARs

23.7 Approvals under JAR-VLA

23.8 Approvals under JAR-23

[8] Before regulation 25.1

25.0 Make-up of this Part

25.0 Make-up of this Part

25.1 Airworthiness standards

25.2 Incidental provisions

25.3 Changes to Part 25 of the FARs

25.4 Changes to JAR-25

25.5 Approvals under Part 25 of the FARs

25.6 Approvals under JAR-25

[9] Before regulation 26.1

26.0 Make-up of this Part

26.0 Make-up of this Part

26.1 Airworthiness standards

26.2 Incidental provisions

[10] Before regulation 27.1

27.0 Make-up of this Part

27.0 Make-up of this Part

27.1 Airworthiness standards

27.2 Incidental provisions

27.3 Changes to Part 27 of the FARs

27.4 Approvals under Part 27 of the FARs

[11] Before regulation 29.1

29.0 Make-up of this Part

29.0 Make-up of this Part

29.1 Airworthiness standards

29.2 Incidental provisions

29.3 Changes to Part 29 of the FARs

29.4 Approvals under Part 29 of the FARs

[12] Before regulation 31.1

31.0 Make-up of this Part

31.0 Make-up of this Part

31.1 Airworthiness standards

31.2 Incidental provisions

[13] Before regulation 32.1

32.0 Make-up of this Part

32.0 Make-up of this Part

32.1 Airworthiness standards

32.2 Incidental provisions

32.3 Changes to Subpart H of JAR-22

32.4 Approvals under Subpart H of JAR-22

[14] Before regulation 33.1

33.0 Make-up of this Part

33.0 Make-up of this Part

33.1 Airworthiness standards

33.2 Incidental provisions

33.3 Changes to Part 33 of the FARs

33.4 Approvals under Part 33 of the FARs

[15] Before regulation 35.1

35.0 Make-up of this Part

35.0 Make-up of this Part

35.1 Airworthiness standards

35.2 Incidental provisions

35.3 Changes to Part 35 of the FARs

35.4 Approvals under Part 35 of the FARs

[16] Before regulation 39.1

39.0 Make-up of this Part

39.0 Make-up of this Part

39.1 CASA may issue airworthiness directives

39.2 Aircraft etc covered by AD

39.3 Australian aircraft covered by AD etc not to be operated

39.4 Aircraft etc excluded from operation of AD on adoption of alternative method for correcting unsafe condition

39.5 Aircraft etc excluded from operation of AD because unsafe condition has ceased to exist

39.6 Request for review of operation of AD

39.7 Action to be taken by CASA on receiving request under regulation 39.6

[17] After Part 39

Part 43 Maintainers’ responsibilities

Part 45 Display of nationality and registration marks and aircraft registration identification plates

Part 47 Registration of aircraft and related matters

Part 61 Pilot licensing

Part 63 Flightcrew licensing other than pilots

Part 64 Ground operations personnel licensing

Part 65 Air traffic controller licensing

Part 66 Maintenance personnel licensing

Part 67 Medical standards

Part 71 Airspace

Part 90 Additional airworthiness standards

Part 91 General operating and flight rules

Part 101 Unmanned aircraft and rocket operations

Part 103 Sport and recreational aviation operations

Part 105 Sport and recreational parachuting from aircraft

Part 115 Commercial sport and recreational aviation operations

Part 119 Air operator certification — commercial air transport

Part 121 Commercial air transport operations (aeroplanes)

Part 129 Commercial air transport operations (foreign operators)

Part 133 Commercial air transport and aerial work operations (rotorcraft)

Part 137 Aerial work operations (other than rotorcraft)

Part 138 Search and rescue operations

Part 139 Aerodrome certification and operation

Part 141 Flying training organisations

Part 142 Flight crew training and checking organisations

Part 143 Air traffic services training organisations

Part 144 Distribution organisations

Part 145 Maintenance organisations

Part 146 Design organisations

Part 147 Maintenance training organisations

Part 148 Synthetic training devices

Part 149 Recreational aviation administration organisations

Part 171 Aeronautical telecommunications organisations

Part 172 Air traffic services organisations

Part 173 Aeronautical information services

Part 183 Authorised representatives

[18] Part 200, before Division 1

200.0 Make-up of this Part

200.0 Make-up of this Part

Subpart B Exemption from Regulations

200.1 Hang gliders

200.2 Privately built single-place ultralight aeroplanes

200.3 Single-place gyroplanes with empty weight not over 250 kilograms

200.4 Two-place gyroplanes with empty weight not over 300 kilograms

200.5 Tethered balloons, kites, parasails and gyrogliders

200.6 Unmanned free balloons

200.8 Defence Force aircraft operated by civilian flight crew

200.9 Untethered model aircraft flown out of doors

200.10 Military aircraft undergoing production or acceptance flight testing

200.13 Weight-shift-controlled aeroplanes and powered parachutes

200.14 Aeroplanes to which section 95.55 of the Civil Aviation Orders applies

Subpart C Authorisation to fly

200.20 Authorised flight without certificate of airworthiness

[19] Part 200, Division 1, heading

Subpart B Exemption from Regulations

[20] Part 200, Division 2, heading

Subpart C Authorisation to fly

[21] Before regulation 201.1

201.0 Make-up of this Part

201.0 Make-up of this Part

201.1 Appointment of authorised persons

201.2 Delegation of CASA’s powers

201.3 Commonwealth and CASA not liable in certain cases

201.4 Review of decisions

[22] Before regulation 202.1

202.0 Make-up of this Part

202.0 Make-up of this Part

202.1 Certificates of type approval

202.2 Certificates of airworthiness

202.3 Export certificate of airworthiness

202.4 Airworthiness directives

202.5 Application for exemption from, or variation of, requirement of airworthiness directive

202.6 Exemption from requirement of airworthiness directive

[23] Dictionary, after the heading

Part 1 Definitions

[24] Dictionary, after definition of aeronautical product

APMA means Australian Parts Manufacturer Approval.

[25] Dictionary, definition of JAR

omit

regulation 1.5

clause 1 of Part 2

[26] Dictionary, at the end

Part 2 Interpretation of certain expressions not defined in Part 1

1 Meaning of JAR

  In these Regulations:

 (a) JAR means the Joint Aviation Requirements agreed to by, and published on behalf of, the European Joint Airworthiness Authorities; and

 (b) JAR, linked by a hyphen to a number, a letter or letters, or a combination of a number and a letter or letters, is a reference to the provision of the Joint Aviation Requirements that is identified by that number, that letter or those letters, or that combination.

5 Classes of aircraft

  For these Regulations, aircraft are divided into the following classes:

 (a) aeroplane;

 (b) rotorcraft;

 (c) ornithopter;

 (d) glider;

 (e) kite;

 (f) airship;

 (g) captive balloon;

 (h) free balloon.

Schedule 2 Amendments of Civil Aviation Regulations 1998 commencing on 1 October 2000

(subregulation 4 (1))

[1] Regulation 21.0

after

21.181 Duration of certain certificates of airworthiness

21.182 Aircraft manufacturer’s data plate

[2] Regulation 21.0, at the end

Subpart Q Identification of aircraft and aeronautical products

Division 1 Preliminary

21.805 Applicability of this Subpart

21.810 Meaning of fireproof

Division 2 Aircraft, aircraft engines and aircraft propellers

21.815 Applicability of this Division

21.820 Manufacturer’s data plate must be attached to aircraft

21.825 Manufacturer’s data plate must be attached to basket of manned free balloon

21.830 Heater assembly of manned balloon must carry identification mark

21.835 Manufacturer’s data plate must be attached to aircraft engine

21.840 Aircraft propellers, blades and hubs must carry identification marks

Division 3 Critical parts

21.845 Applicability of this Division

21.850 Identification of critical parts

21.855 Removal or alteration of identification on critical parts

Division 4 Replacement or modification of parts

21.860 Applicability of this Division

21.865 Identification of parts

21.870 Exemption from obligation to mark

[3] Subregulation 21.173 (1)

omit

holder of the certificate of registration for

registration holder of

[4] After regulation 21.181

21.182 Aircraft manufacturer’s data plate

 (1) Except as set out in subregulation (2), an applicant for a certificate of airworthiness for an aircraft must show that the aircraft is identified:

 (a) as required by regulation 21.820; or

 (b) in the case of an imported aircraft:

 (i) as required by the NAA of the Contracting State in which it was certificated; or

 (ii) in another way acceptable to CASA.

 (2) Subregulation (1) does not apply to an applicant:

 (a) if the applicant is applying for an experimental certificate for an aircraft that is not amateur-built or kit-built; or

 (b) if:

 (i) a different certificate of airworthiness is in force for the aircraft; and

 (ii) the applicant for the issue of that certificate complied with subregulation (1).

Source   FARs section 21.182 modified.

[5] Regulation 21.192

omit

holder of the certificate of registration for

registration holder of

[6] Part 21, after Subpart O

Subpart Q Identification of aircraft and aeronautical products

Division 1 Preliminary

21.805 Applicability of this Subpart

  This Subpart applies to an aircraft, aircraft engine, aircraft propeller, critical part or other aircraft part manufactured after this Subpart commences.

21.810 Meaning of fireproof

 (1) A reference in this Subpart to a fireproof manufacturer’s data plate is a reference to a data plate that:

 (a) is made of material that withstands the heat of a fire at least as well as a steel plate of the same size and thickness; and

 (b) on which the details that it is required to bear are legibly marked by a fireproof method.

 (2) In this Subpart:

fireproof method of marking means marking by:

 (a) etching, stamping or engraving; or

 (b) another similar method of marking approved for a particular purpose.

Division 2 Aircraft, aircraft engines and aircraft propellers

21.815 Applicability of this Division

  This Division applies to an aircraft (or an aircraft engine or aircraft propeller) manufactured after this Subpart commences.

21.820 Manufacturer’s data plate must be attached to aircraft

 (1) This regulation sets out the requirements for attaching a manufacturer’s data plate to an aircraft to which this Division applies.

 (2) The holder of the type certificate or production certificate under which such an aircraft is manufactured must attach to it, as set out in subregulations (3) and (4), a fireproof manufacturer’s data plate bearing the following information:

 (a) the name of the manufacturer;

 (b) the name of the holder of the type certificate (if any);

 (c) the name of the holder of the production certificate (if any);

 (d) the aircraft’s model designation;

 (e) the aircraft’s serial number.

 (3) The data plate must be attached in a way that ensures that it is not likely to be defaced or removed during normal service, nor lost or destroyed in an accident.

 (4) The data plate must be attached:

 (a) to a manned balloon — to the lower section of the balloon’s envelope in a place where the operator can read it when the balloon is inflated; or

 (b) to a glider — in a visible place inside the cockpit; or

 (c) to any other aircraft — in a place where it is clearly legible:

 (i) on the frame of the aircraft’s rearmost entrance; or

 (ii) near, but aft of, the aircraft’s rearmost entrance; or

 (iii) on the aircraft’s fuselage near its tail.

Note   For the definition of aircraft see subsection 3 (1) of the Act.  For the definitions of identification number, manned balloon, production certificate and type certificate see the Dictionary.

21.825 Manufacturer’s data plate must be attached to basket of manned free balloon

 (1) This regulation sets out an additional requirement for attaching a manufacturer’s data plate to the basket of a manned free balloon to which this Division applies.

 (2) This regulation applies to the holder of the type certificate or production certificate under which such a balloon is manufactured.

 (3) The holder of the type certificate must attach to the basket of the balloon, as set out in subregulation (4), a heat-resistant metal plate on which the following information is legibly marked by a fireproof method:

 (a) the name of the manufacturer;

 (b) the name of the holder of the type certificate (if any);

 (c) the name of the holder of the production certificate (if any);

 (d) the basket’s part number;

 (e) the basket’s serial number.

 (4) The manufacturer’s data plate must be attached to the basket in a way that ensures that the plate is not likely to be defaced or removed during normal service, nor to be lost or destroyed in an accident.

Note   For the definitions of manned balloon, production certificate and type certificate see the Dictionary.

21.830 Heater assembly of manned balloon must carry identification mark

 (1) This regulation applies to a manned balloon to which this Division applies that has a heater assembly.

 (2) The holder of the type certificate or production certificate under which the balloon is manufactured must, as set out in subregulation (3), also mark on the heater assembly, by a fireproof method, the information mentioned in subregulation (4).

 (4) The information is:

 (a) the name of the heater’s manufacturer; and

 (b) its part number; and

 (c) its serial number.

Note   For the definitions of manned balloon, production certificate and type certificate see the Dictionary.

21.835 Manufacturer’s data plate must be attached to aircraft engine

 (1) This regulation sets out the requirements for attaching a manufacturer’s data plate to an aircraft engine to which this Division applies.

 (2) This regulation applies to the holder of the type certificate or production certificate under which such an aircraft engine is manufactured.

 (3) The holder of the type certificate or production certificate must attach to the engine, as set out in subregulation (4), a fireproof manufacturer’s data plate bearing the following information:

 (a) the manufacturer’s name;

 (b) for an aircraft engine manufactured under a type certificate — the name of the holder, and the identification number, of the certificate;

 (c) for an aircraft engine manufactured under a production certificate — the name of the holder, and the identification number, of the certificate, and the identification number of the engine’s type certificate;

 (d) the engine’s model designation;

 (e) its serial number;

 (f) if its rating is stated in its type certificate, that rating.

 (4) The data plate must be attached to the engine:

 (a) in a place where somebody carrying out maintenance on the engine can read it; and

 (b) in a way that ensures that the plate is not likely to be defaced or become detached from the engine during normal service, nor to be lost or destroyed in an accident.

Note   For the definitions of identification number, production certificate and type certificate see the Dictionary.

21.840 Aircraft propellers, blades and hubs must carry identification marks

 (1) This regulation sets out the requirements to mark information on, or attach a manufacturer’s data plate to, an aircraft propeller, propeller blade or propeller hub to which this Division applies.

 (2) The holder of the type certificate or production certificate under which such a propeller, blade or hub is manufactured must:

 (a) legibly mark on it by a fireproof method, as set out in subregulation (3), the information mentioned in subregulation (5); or

 (b) attach to it, as set out in subregulation (4), a manufacturer’s data plate on which that information is legibly marked by a fireproof method.

 (3) If information is marked on a propeller, blade or hub, it must be marked in a way that ensures that it is not likely to be defaced.

 (4) If a manufacturer’s data plate is attached to a propeller, blade or hub, the plate must be attached to a non-critical surface in a way that ensures that the plate is not likely to be defaced or become detached during normal service, nor lost in an accident.

 (5) The information is:

 (a) the manufacturer’s name; and

 (b) for a propeller, blade or hub manufactured under a type certificate — the name of the holder, and the identification number, of the certificate; and

 (c) for a propeller, blade or hub manufactured under a production certificate — the name of the holder, and the identification number, of the certificate and the identification number of the propeller’s type certificate; and

 (d) the model designation of the propeller, blade or hub; and

 (e) its serial number.

Note   For the definitions of identification number, production certificate and type certificate see the Dictionary.

Division 3 Critical parts

21.845 Applicability of this Division

  This Division applies to a critical part manufactured after the commencement of this Subpart.

21.850 Identification of critical parts

 (1) This regulation applies to a person who manufactures, in Australia, a critical part to which this Division applies.

 (2) The person must legibly and permanently mark on the part, as set out in subregulation (3), the following information:

 (a) the part’s part number;

 (b) its serial number.

21.855 Removal or alteration of identification on critical parts

 (1) Except with CASA’s written approval, a person must not remove or alter any of the information marked, in accordance with this Division, on a critical part to which this Division applies.

 (2) CASA must not grant an approval under subregulation (1) if the granting of the approval would adversely affect the safety of air navigation.

Division 4 Replacement or modification of parts

21.860 Applicability of this Division

  This Division applies to an aircraft part produced, under an APMA, after the commencement of this Subpart.

Note   For the definition of APMA see the Dictionary.

21.865 Identification of parts

 (1) Subregulation (2) applies to the holder of the APMA under which a part to which this Division applies is manufactured.

 (2) Subject to regulation 21.870, the holder of the APMA must legibly and permanently mark on the part, as set out in subregulation (3), the information required by subregulation (4).

 (4) The information is:

 (a) the capital letters APMA; and

 (b) the trade mark, name or symbol of the holder; and

 (c) the part’s part number; and

 (d) its serial number (if any).

21.870 Exemption from obligation to mark

 (1) Subregulation (2) applies to a part to which this Division applies if CASA and the holder of the APMA under which the part is manufactured agree that it is impracticable to mark on it the information required by subregulation 21.865 (4).

 (2) If this subregulation applies to a part, the holder of the APMA need not comply with regulation 21.865.

 (3) However, the holder of the APMA is guilty of an offence punishable by a fine of 20 penalty units if he or she does not include the information in the authorised release certificate supplied with the part or with each container of the parts.

Note   For the definition of authorised release certificate see the Dictionary.

[7] Parts 45 and 47

Part 45 Display of nationality and registration marks and aircraft registration identification plates

45.000 Make-up of this Part

45.000 Make-up of this Part

45.005 Applicability of this Part

Subpart B Australian nationality and registration markings

Division 1 General rules

45.010 Applicability of this Subpart

45.015 Australian nationality mark

45.020 Registration mark

45.025 Meaning of markings and set of markings

45.030 Meaning of character

45.035 Requirement for aircraft to bear its markings

45.040 Markings not to be obscured

45.045 Number and location of sets of markings — fixed-wing aircraft

45.050 Number and location of sets of markings — rotorcraft

45.055 Number and location of sets of markings — airships

45.060 Number and location of sets of markings — manned balloons

45.065 Minimum height of characters

45.070 Minimum width of characters

45.075 Size of hyphens

45.080 Minimum spacing of characters

45.085 How markings to be marked on aircraft

45.090 No confusing markings to be on aircraft

Division 2 Exemptions from general rules

45.095 Exhibition aircraft

45.100 Antique, experimental and ex-military aircraft

45.105 Aircraft with special configuration

45.110 Australian aircraft used by Defence Force

Division 3 Removal of markings

45.115 Removal of markings from sold aircraft

Subpart C Certain aircraft to bear words

45.120 Applicability of this Subpart

45.125 Requirement to bear certain words

45.130 Exemption for exhibition aircraft

Subpart D Aircraft registration identification plates

45.135 Applicability of this Subpart

45.140 What an aircraft registration identification plate is

45.145 Aircraft must carry aircraft registration identification plate

45.150 How and where aircraft registration identification plate is to be attached to aircraft

45.155 Removal or alteration of aircraft registration identification plates

45.160 Attachment of aircraft registration identification plate from another aircraft

Subpart E Marks on foreign registered aircraft operating in Australian Territory

45.165 Applicability of this Subpart

45.170 Marks to be on foreign registered aircraft in Australian territory

45.005 Applicability of this Part

 (1) This Part deals mainly with:

 (a) the nationality and registration marks of Australian aircraft; and

 (b) the display of those, and other, marks on Australian aircraft; and

 (c) the display of aircraft registration identification plates on Australian aircraft.

 (2) This Part also makes provision about the display of nationality and registration marks on foreign registered aircraft.

Note   For the definitions of Australian aircraft and foreign registered aircraft see subsection 3 (1) of the Act.

Subpart B Australian nationality and registration markings

Division 1 General rules

45.010 Applicability of this Subpart

  This Subpart applies to all Australian aircraft.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.

45.015 Australian nationality mark

  The Australian nationality mark is the capital letters VH.

45.020 Registration mark

  The registration mark of an Australian aircraft is the group of characters that is assigned to the aircraft under Subpart C of Part 47.

45.025 Meaning of markings and set of markings

 (1) An Australian aircraft’s markings are:

 (a) if the aircraft was registered by CASA — the letters VH (the Australian nationality mark) and the aircraft’s registration mark, in that order, connected by a hyphen; or

 (b) if the aircraft was registered by a registration agent — the aircraft’s registration mark.

 (2) A set of markings for an Australian aircraft is an instance of the aircraft’s markings.

45.030 Meaning of character

character includes a letter and a digit, but does not include a hyphen.

45.035 Requirement for aircraft to bear its markings

 (1) Except as Division 2 allows otherwise, an Australian aircraft, whenever it is operated, must bear as many sets of its markings as is required by whichever is applicable of regulations 45.045, 45.050, 45.055 and 45.060.

 (2) Except as Division 2 allows otherwise, the sets must be on the outside of the aircraft in the places required by the applicable regulation.

 (3) Except as Division 2 allows otherwise, the characters, and any hyphens, in each set must comply with regulations 45.065, 45.070 and 45.075.

 (4) If an aircraft does not bear its markings as required by subregulations (1), (2) and (3), the aircraft’s registration holder is guilty of an offence punishable by a fine of 50 penalty units.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.  For the definitions of registration holder and registration mark see the Dictionary.

45.040 Markings not to be obscured

  A set of markings must be in a position where it is not obscured at any time by a moveable surface of the aircraft.

45.045 Number and location of sets of markings — fixed-wing aircraft

 (1) On a fixed-wing aircraft, 3 sets of the aircraft’s markings must be displayed, as follows:

 (a) 1 set either on the under surface of the port wing or across the under surface of both wings, in each case as set out in subregulation (2);

 (b) the 2 other sets on:

 (i) the fuselage, as set out in subregulation (3); or

 (ii) engine nacelles or similar fixed obstructions on the fuselage, as set out in subregulation (5); or

 (iii) the vertical tail, as set out in subregulation (6).

 (2) A marking on the wing of an aircraft:

 (a) must have its top towards the leading edge of the wing; and

 (b) must be as nearly as possible parallel to the leading edge, and half-way between the leading and the trailing edge, of the wing.

 (3) If the markings are on the aircraft’s fuselage, there must be 1 set on each side of the fuselage:

 (a) between the trailing edge of the wing and the leading edge of the tailplane; or

 (b) if the aircraft is of canard configuration and has no tailplane — between the trailing edge of the foreplane and the leading edge of the wing.

 (4) In subregulation (3):

tailplane includes the tail surfaces of an aeroplane that has a vee-tail.

 (5) If there is an engine nacelle or similar fixed obstruction on the part of the fuselage mentioned in paragraph (3) (a) or (b), there may be a set of markings on each nacelle or obstruction.

 (6) If the markings are on the aircraft’s vertical tail, there must be:

 (a) if the aircraft has a single vertical tail — 1 set on each side of the tail; or

 (b) if the aircraft has a multi-vertical tail — 1 set on the outer side of each of its outermost surfaces.

45.050 Number and location of sets of markings — rotorcraft

  On a rotorcraft, there must be 1 set of its markings on each side of its cabin, fuselage, boom or tail.

45.055 Number and location of sets of markings — airships

 (1) An airship’s markings must be on either its hull or its stabilisers.

 (2) If its markings are on its hull, there must be:

 (a) 1 set on the line of symmetry of its upper surface; and

 (b) 1 set on each side of its hull.

 (3) If its markings are on its stabilisers:

 (a) there must be 1 set on each of:

 (i) the upper surface of the right horizontal stabiliser; and

 (ii) the lower surface of the left horizontal stabiliser; and

 (b) each of those sets must be as nearly as possible half-way between the leading and the trailing edge of the stabiliser; and

 (c) the tops of the letters in each of those sets must be towards the leading edge of the stabiliser; and

 (d) there must be 1 set on each side of the lower vertical stabiliser.

45.060 Number and location of sets of markings — manned balloons

 (1) A manned balloon must bear 2 sets of its markings.

 (2) On a spherical balloon, the 2 sets must be in diametrically opposite places near the maximum horizontal circumference of its envelope.

 (3) On a non-spherical balloon, the 2 sets must be on opposite sides of its envelope as near as possible to its maximum cross-section, but no lower than the higher of:

 (a) the rigging band; or

 (b) the points of attachment of the basket or the basket suspension cables.

45.065 Minimum height of characters

 (1) This regulation sets out the minimum height of the characters in a set of markings.

 (2) All the characters in a set of markings must be of the same height.

 (3) Subject to subregulation (5), the minimum height of the characters in a set of markings is:

 (a) in the case of markings on an aircraft (other than a glider) for which there is in force an experimental certificate issued for the purpose referred to in paragraph 21.191 (d) or (g), and whose maximum cruising speed is not greater than 180 knots CAS — 75 millimetres (for all markings); or

 (b) in the case of markings on any other fixed-wing aircraft (except a glider):

 (i) for markings on the aircraft’s wings — 500 millimetres; and

 (ii) for markings on other parts of the aircraft — 300 millimetres; or

 (c) in any other case — as given in the following table.

Minimum heights of characters in markings on certain kinds of aircraft

 (4) If a surface of the aircraft on which there must be a set of the aircraft’s markings is not large enough to allow the characters to be as high as required by subregulation (3), then:

 (a) that subregulation is to be disregarded; and

 (b) the characters must be as high as possible while keeping their proportions the same.

 (5) If a set of markings is required to be on each of 2 symmetrical parts of the aircraft (for example, on each side of the fuselage or tail), the height of the characters in both sets must be the same.

45.070 Minimum width of characters

 (1) The width of a character must be equal to 2/3 of its height, with the following exceptions:

 (a) the letter ‘I’ and the digit ‘1’, whose width must be equal to 1/6‑th of their height;

 (b) the letters ‘M’ and ‘W’, whose width may be equal to their height.

 (2) A character must be made up of solid lines that are 1/6‑th as thick as the character is high.

45.075 Size of hyphens

 (1) A hyphen in a set of markings must be 1/6‑th of the height of the characters in the set.

 (2) The width of a hyphen must be equal to 4 times its height.

45.080 Minimum spacing of characters

 (1) The space between any 2 adjacent characters must be at least 1/6‑th of their height.

 (2) The space between a hyphen and a character must be at least 1/6‑th of the height of the character.

45.085 How markings to be marked on aircraft

 (1) An Australian aircraft’s markings must be painted on it, or fixed to it in some other way that is at least as permanent as painting.

 (2) The markings:

 (a) must be legible; and

 (b) must have no ornamentation; and

 (c) must be of a colour that clearly contrasts with their background.

 (3) Subregulation (2) does not prohibit the use of slanted characters if:

 (a) the characters remain legible; and

 (b) the slant is no more than 35° from the perpendicular.

 (4) The characters in a set of markings may be arranged one above the other only if the set is on:

 (a) the centre-line of the upper surface of an airship; or

 (b) a balloon.

 (5) If the markings on an aircraft do not comply with subregulation (1), (2) or (4), the aircraft’s registration holder is guilty of an offence punishable by a fine of 20 penalty units.

45.090 No confusing markings to be on aircraft

 (1) Subject to subregulation (3), a person must not, without the written approval of CASA, place on an Australian aircraft a design, mark or symbol that modifies, or creates confusion about, the marks displayed on the aircraft as its markings.

 (2) CASA must not grant an approval under subregulation (1) if granting the approval would adversely affect the safety of air navigation.

Note   For the definition of Australian aircraft see subsection 3 (1) of the Act.

 (3) However, subregulation (1) does not apply in relation to the application of Defence Force symbols or call-signs to an Australian aircraft that is being operated by the Defence Force.

Division 2 Exemptions from general rules

45.095 Exhibition aircraft

 (1) In this regulation:

exhibition includes an airshow and a film or television production.

 (2) This regulation applies to an Australian aircraft if:

 (a) the aircraft is to be operated for an exhibition; and

 (b) the display of the aircraft’s markings on the aircraft would be inconsistent with its use for that purpose.

 (3) Subject to subregulations (4) and (5), the aircraft need not bear its markings while it is operated:

 (a) for any practice or test flight necessary for the exhibition; or

 (b) at an exhibition location; or

 (c) between exhibition locations; or

 (d) between an exhibition location and the aircraft’s base of operations.

 (4) Subregulation (3) applies only if:

 (a) the aircraft’s registration holder has:

 (i) told CASA in writing that the aircraft will be operated for the exhibition; and

 (ii) given CASA a photograph or drawing of the aircraft, showing the colour of the aircraft, and any marks it will bear, while it is operated as mentioned in paragraph (3) (a), (b), (c) or (d); and

 (b) the aircraft’s registration mark is clearly displayed in the aircraft’s cabin or cockpit.

 (5) If the exhibition is taking place in a foreign country, subregulation (3) does not apply if the aircraft’s failure to bear its markings would contravene a law of that country.

45.100 Antique, experimental and ex-military aircraft

 (1) This regulation applies to:

 (a) an Australian aircraft in the normal category, utility category, acrobatic category or commuter category:

 (i) of which the prototype was built 45 years or longer ago; and

 (ii) that is employed in private operations; and

 (b) an Australian aircraft:

 (i) for which there is in force an experimental certificate issued for the purpose mentioned in paragraph 21.191 (d) or (g); and

 (ii) that has the same external configuration as an aircraft built 45 years or longer ago; and

 (c) an Australian aircraft of a type mentioned in subparagraph 21.189 (1) (a) (ii) for which there is in force:

 (i) a special certificate of airworthiness of the kind mentioned in regulation 21.189; or

 (ii) an experimental certificate issued for the purposes mentioned in paragraph 21.191 (b), (c), (d) or (e).

Note   An aircraft in any of the categories mentioned in paragraph (1) (a) is an aircraft whose type design is certificated as meeting airworthiness standards equivalent to those set out in Part 23.

 (2) The registration holder of an aircraft to which this regulation applies need not comply with any of regulations 45.045, 45.050, 45.055 and 45.060 that would otherwise apply in relation to the aircraft, nor with regulations 45.065, 45.070, 45.075, 45.080 and 45.085, if:

 (a) the aircraft’s markings are either on each side of the fuselage, or as follows:

 (i) if the aircraft has a single vertical tail — on each of the surfaces of the vertical tail; or

 (ii) if the aircraft has a multi-vertical tail — on each of its outer surfaces; and

 (b) those markings are at least 50 millimetres high; and

 (c) there are no other marks beginning with VH anywhere on the aircraft; and

 (d) if the aircraft is being operated in a foreign country, failure to comply with those regulations would not contravene a law of that country.

Note   For the definition of private operations see subregulation 2 (7) of CAR 1988.  For the definitions of experimental certificate and registration holder see the Dictionary.

45.105 Aircraft with special configuration

 (1) This regulation applies to an Australian aircraft if, because of the aircraft’s configuration, it is not possible for it to bear its markings in accordance with whichever is applicable of regulations 45.045, 45.050, 45.055 and 45.060.

 (2) On application by the aircraft’s registration holder, CASA must give the registration holder a written direction about where the aircraft must bear its markings.

 (3) Despite regulations 45.065, 45.070, 45.075, 45.080 and 45.085, the direction may specify the size and spacing of the characters and any hyphens in the sets.

 (4) The registration holder must comply with the direction.

 (5) If CASA gives a direction in respect of an aircraft under subregulation (2), the aircraft’s registration holder need not comply with whichever of regulations 45.045, 45.050, 45.055 or 45.060 would otherwise apply, nor with regulations 45.065, 45.070, 45.075, 45.080 and 45.085, to the extent that the direction requires otherwise.

45.110 Australian aircraft used by Defence Force

  In spite of regulations 45.040, 45.045, 45.050, 45.055, 45.060, 45.065, 45.070, 45.075, 45.080 and 45.085, if an Australian aircraft is being used by the Defence Force its markings may be removed or covered.

Division 3 Removal of markings

45.115 Removal of markings from sold aircraft

 (1) This regulation applies if an Australian aircraft is sold to a person other than:

 (a) an Australian citizen; or

 (b) an individual who is not an Australian citizen, but holds a permanent visa (within the meaning of the Migration Act 1958); or

 (c) a corporation incorporated under the Corporations Law of a State or Territory; or

 (d) a body incorporated under a law (other than the Corporations Law of a State or Territory) in force in Australia; or

 (e) the Commonwealth, a State or a Territory, or an agency of the Commonwealth, a State or a Territory; or

 (f) a foreign corporation that:

 (i) is lawfully carrying on business in Australia; and

 (ii) intends to base, and primarily use, the aircraft in Australia.

 (2) The person who was the aircraft’s registration holder immediately before the sale is guilty of an offence punishable by a fine of 20 penalty units if the aircraft’s markings are not removed from it before it is delivered to the purchaser.

Subpart C Certain aircraft to bear words

45.120 Applicability of this Subpart

  This Subpart applies to an Australian aircraft:

 (a) that is:

 (i) a limited category aircraft (that is, an aircraft for which a special airworthiness certificate of the kind mentioned in regulation 21.189 is in force); or

 (ii) a restricted category aircraft (that is, an aircraft for which a type certificate of the kind referred to in regulation 21.25 has been issued and is in force, or an aircraft of the same design as such an aircraft); or

 (b) for which a provisional certificate of airworthiness or an experimental certificate of airworthiness is in force.

45.125 Requirement to bear certain words

 (1) Whenever an aircraft to which this Subpart applies is operated, its registration holder must ensure that the aircraft bears the word required by subregulation (2), written in capital letters not less than 50, but not more than 150, millimetres high:

 (a) on the outside of the aircraft near each entrance to the cabin or cockpit; or

 (b) in the case of an aircraft that is entered by opening the canopy — on the outside of each side of the aircraft, immediately below the cockpit coaming; or

 (c) in the case of an aircraft for which an experimental certificate of airworthiness is in force — inside the cockpit, in a position where it will alert the pilot and passenger to the fact that the aircraft meets no approved airworthiness standard.

 (2) The word is:

 (a) for a limited category aircraft — ‘LIMITED’; and

 (b) for a restricted category aircraft — ‘RESTRICTED’; and

 (c) for an aircraft for which a provisional certificate of airworthiness is in force — ‘PROVISIONAL’; and

 (d) for an aircraft for which an experimental certificate of airworthiness is in force —‘EXPERIMENTAL’.

45.130 Exemption for exhibition aircraft

 (1) In this regulation:

exhibition includes an airshow and a film or television production.

 (2) This regulation applies to an Australian aircraft to which this Subpart applies if:

 (a) the aircraft is to be operated for an exhibition; and

 (b) it would be inconsistent with the use of the aircraft for that purpose for the aircraft to bear a word required by subregulation 45.120 (1).

Note   Subregulation 45.120 (1) requires the word ‘LIMITED’, ‘RESTRICTED’, ‘PROVISIONAL’ or ‘EXPERIMENTAL’ to be displayed on certain aircraft.

 (3) Subject to subregulations (4) and (5), the aircraft need not bear that word while it is operated:

 (a) for any practice or test flight necessary for the exhibition; or

 (b) at an exhibition location; or

 (c) between exhibition locations; or

 (d) between an exhibition location and the aircraft’s base of operations.

 (4) Subregulation (3) applies only if:

 (a) the aircraft’s registration holder has:

 (i) told CASA in writing that the aircraft will be operated for the exhibition; and

 (ii) given CASA a photograph or drawing of the aircraft, showing the colour of the aircraft, and the markings the aircraft will bear, while it is operated as mentioned in paragraph (3) (a), (b), (c) or (d); and

 (b) the aircraft’s registration mark is clearly displayed in the aircraft’s cabin or cockpit.

 (5) If the exhibition is taking place in a foreign country, subregulation (3) does not apply if the aircraft’s failure to bear the word would contravene a law of that country.

Subpart D Aircraft registration identification plates

Note   This Subpart gives effect for Australia to section 8 of Annex 7 to the Chicago Convention.

45.135 Applicability of this Subpart

  This Subpart applies to all Australian aircraft.

45.140 What an aircraft registration identification plate is

 (1) An aircraft registration identification plate is a plate, made of fireproof material, on which is marked (by etching, stamping, engraving, or another approved method):

 (a) if the aircraft was registered by CASA — the letters VH (the Australian nationality mark) followed by a hyphen and the aircraft’s registered mark; or

 (b) if the aircraft was registered by a registration agent — its registration mark.

 (2) For subregulation (1), the material of which a plate is made is fireproof if the plate withstands the heat of a fire at least as well as a steel plate of the same size and thickness.

45.145 Aircraft must carry aircraft registration identification plate

  A person must not operate an Australian aircraft, and the registration holder of such an aircraft must not cause or allow it to be operated, unless an aircraft registration identification plate is attached to the aircraft in accordance with regulation 45.150.

45.150 How and where aircraft registration identification plate is to be attached to aircraft

 (1) An aircraft’s registration identification plate must be attached to it in a way that ensures that the plate is not likely to be defaced or to become detached from the aircraft.

 (2) The plate must be attached:

 (a) in the case of a manned balloon — to the skirt of the balloon’s envelope, in a place where it is clearly visible before the balloon is inflated; or

 (b) if CASA gives a direction under subregulation (3) — as set out in the direction; or

 (c) in any other case — in a place (either inside or outside the aircraft’s hull or fuselage):

 (i) near the aircraft’s entrance or main entrance; and

 (ii) where it is clearly visible.

 (3) CASA may, in writing, direct where the plate is to be attached to an aircraft (other than a balloon) if:

 (a) the aircraft’s registration holder applies in writing to CASA for a direction under this subregulation; and

 (b) the configuration of the aircraft does not allow its aircraft registration identification plate to be attached in accordance with paragraph (2) (c).

45.155 Removal or alteration of aircraft registration identification plates

 (1) Except with CASA’s written approval, a person must not remove the aircraft registration identification plate of an aircraft from where it is attached to the aircraft.

Note   The removal of an aircraft registration identification plate is permitted during maintenance, subject to conditions — see regulation 61 of CAR 1988.

 (2) Except with CASA’s written approval, a person must not remove or alter any of the aircraft’s markings marked on an aircraft registration identification plate.

 (3) CASA must not grant an approval under subregulation (1) or (2) if the granting of the approval will adversely affect the safety of air navigation.

45.160 Attachment of aircraft registration identification plate from another aircraft

  A person must not attach to an aircraft an aircraft registration identification plate that displays the markings of another aircraft, or fictitious markings.

Subpart E Marks on foreign registered aircraft operating in Australian territory

45.165 Applicability of this Subpart

  This Subpart applies to foreign registered aircraft operated in Australia.

45.170 Marks to be on foreign registered aircraft in Australian territory

  A person must not operate a foreign registered aircraft in Australian territory unless the aircraft bears its nationality and registration marks in accordance with the law of the country in which it is registered.

Note   For the definition of foreign registered aircraft see subsection 3 (1) of the Act.

Part 47 Registration of aircraft and related matters

47.000 Make-up of this Part

47.000 Make-up of this Part

47.005 Applicability of this Part

Subpart B The Civil Aircraft Register

47.010 Civil Aircraft Register

47.015 Register to be accessible to public

47.020 Alteration or correction of register

Subpart C Assignment of registration marks to aircraft

47.025 Requests for assignment of registration marks to aircraft

47.030 Assignment of registration marks

47.035 Assignment of registration mark to aircraft if no request made before application for registration

47.040 What registration marks may be assigned

Subpart D Registration of aircraft

47.045 Meaning of owner for this Subpart

47.050 Applying for registration

47.055 Information and documents required for registration

47.060 Confirmation of oral application

47.065 CASA may ask for further information

47.070 Registration of aircraft

47.075 Interim certificate of registration

47.080 Issue of certificate of registration

47.085 Certificate of registration to be carried on board

47.090 Notice of error or change in information in Register

47.095 Replacement certificate of registration

47.100 Loss etc of certificate of registration

47.105 Cancellation of registration

47.110 Return of certificate of registration

47.115 Service of notices

Subpart E Dealer’s marks

47.120 Meaning of aircraft dealer for this Subpart

47.125 Assignment of dealer’s marks

47.130 What marks may be assigned to dealers

47.135 Register of dealer’s marks

47.140 How long assignment to dealer remains in effect

47.145 Certificate of assignment of dealer’s mark

47.150 Loss of certificate of assignment of dealer’s mark

47.155 Dealer’s plate

47.160 Use of dealer’s marks

47.165 Annual report to CASA on aircraft using dealer’s marks

47.170 Revocation of assignment of dealer’s mark etc

Subpart F Exemption from registration

47.175 Aircraft not required to be registered

Subpart G Registration agents

47.180 Authorisation of registration agent

47.185 Failure of registration agent to comply with this Part

47.005 Applicability of this Part

 (1) This Part sets out:

 (a) how aircraft are registered; and

 (b) how registration marks are assigned to aircraft.

 (2) It also sets out how dealer’s marks are assigned to manufacturers, distributors and dealers of aircraft, and regulates their use.

 (3) It prescribes the cases where an aircraft is not required to be registered for the purposes of paragraph 20AA (1) (a) of the Act.

 (4) Finally, it allows the appointment of registration agents to register particular kinds of aircraft on CASA’s behalf.

Subpart B The Civil Aircraft Register

47.010 Civil Aircraft Register

 (1) The Aircraft Register mentioned in regulation 8 of CAR 1988 continues in existence under the name Civil Aircraft Register.

 (2) CASA must keep the Civil Aircraft Register, or ensure that it is kept, in accordance with this Subpart.

 (3) Entries made in the Aircraft Register under Part 3 of CAR 1988 are incorporated in, and form part of, the Civil Aircraft Register.

 (4) Entries made by a registration agent of registrations by the agent are also incorporated in, and form part of, the Civil Aircraft Register.

47.015 Register to be accessible to public

 (1) CASA must make the Civil Aircraft Register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions.

 (2) CASA may comply with subregulation (1) by making the information in the Civil Aircraft Register accessible on the Internet.

47.020 Alteration or correction of register

 (1) CASA must alter the information recorded in the Civil Aviation Register if an entry in the Register is not up to date.

 (2) CASA must correct the information in that Register if there is an error in an entry in it.

 (3) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to information or an entry about an aircraft of that kind, this regulation has effect as if the references in subregulations (1) and (2) to CASA were references to the agent.

Subpart C Assignment of registration marks to aircraft

47.025 Requests for assignment of registration marks to aircraft

 (1) Before applying for the registration of an aircraft, the owner of the aircraft, or the owner’s agent, may ask CASA in writing to assign a registration mark to the aircraft.

 (2) The request must:

 (a) if the aircraft is not an amateur-built aircraft or a kit-built aircraft — set out the aircraft’s make, type, model and serial number; or

 (b) if the aircraft is an amateur-built aircraft or a kit-built aircraft — include:

 (i) a description of the aircraft that identifies it by reference to its class, its type, make and model, its serial number, the number of seats in the aircraft and (if applicable) how many engines it has; and

 (ii) a statement whether the aircraft is built for land or water operation.

Note   For the definitions of amateur-built aircraft, kit-built aircraft, model and type see the Dictionary.

 (3) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to an aircraft of that kind this regulation has effect as if the references in subregulations (1) and (2) to CASA were references to the agent.

47.030 Assignment of registration marks

 (1) On receiving a request in accordance with regulation 47.025, CASA or a registration agent must assign a registration mark to the aircraft concerned.

Note   About registration marks generally see Part 45.

 (2) If the aircraft is not registered within 12 months after the day on which the registration mark was assigned to it, the assignment lapses.

47.035 Assignment of registration mark to aircraft if no request made before application for registration

 (1) If CASA has not assigned a registration mark to an aircraft, and a person applies for the aircraft’s registration, CASA must assign a registration mark to the aircraft before registering it.

 (2) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to an aircraft of that kind this regulation has effect as if the references in subregulation (1) to CASA were references to the agent.

47.040 What registration marks may be assigned

 (1) CASA or a registration agent must not assign to an aircraft:

 (a) the registration mark of an Australian aircraft; or

 (b) a registration mark that has been assigned to an unregistered aircraft under regulation 47.030; or

 (c) a mark that has been assigned to a dealer; or

 (d) a mark that might be confused with:

 (i) any 5-letter combination used in Part II of the International Code of Signals; or

 (ii) any 3-letter combination beginning with Q used in the Q Code; or

 (iii) the distress signal SOS; or

 (iv) any urgency or safety signal (for example, AAA, XXX, PAN and TTT).

 (2) The characters in a registration mark must be either:

 (a) capital letters in the Latin alphabet; or

 (b) Arabic numerals.

Subpart D Registration of aircraft

47.045 Meaning of owner for this Subpart

owner of an aircraft means the person responsible for its maintenance and airworthiness (whether the person is the aircraft’s legal owner or because of an arrangement that makes the person responsible for its maintenance and airworthiness).

47.050 Applying for registration

 (1) If the owner of an aircraft is a qualified person, the owner may apply for the registration of the aircraft.

 (2) In subregulation (1):

qualified person means:

 (a) an individual who:

 (i) is an Australian citizen; or

 (ii) holds a permanent visa (within the meaning of the Migration Act 1958); or

 (b) a corporation incorporated under the Corporations Law of a State or Territory; or

 (c) a body incorporated under a law (other than the Corporations Law of a State or Territory) in force in Australia; or

 (d) the Commonwealth, a State or a Territory, or an agency of the Commonwealth, a State or a Territory; or

 (e) a foreign corporation that is lawfully carrying on business in Australia.

 (3) The application is to be made:

 (a) if CASA has appointed a registration agent to register aircraft of the same class as that of the aircraft for which registration is sought — to that agent; or

 (b) in any other case — to CASA.

 (4) The application may be made by another person acting on the owner’s behalf at the owner’s direction or request.

 (5) An application to CASA may be made either orally (by telephone or in person) or in writing, but an application to a registration agent must be made in writing.

Note   If an aircraft is registered on the basis of an oral application, and the application is not confirmed in writing within 14 days, the registration must be cancelled — see regulations 47.060 and 47.105.

 (6) If the application is in writing:

 (a) it must be made in duplicate on the form provided by CASA for the purpose; and

 (b) it must be signed by the person who makes it; and

 (c) the person must send or give both copies to CASA or the registration agent (as the case requires).

 (7) The application (whether oral or in writing) must include the information mentioned in regulation 47.055, and be accompanied by any documents required by that regulation.

 (8) The application must include a declaration, signed by the person making the application:

 (a) that the aircraft will be used as an aircraft; and

 (b) if the aircraft has not been registered before — that is has never been registered; and

 (c) if the aircraft has been registered before (whether in Australia or not) — that it is not, at the time of the application, on a foreign civil aircraft register; and

 (d) that the owner is over 18 years of age.

47.055 Information and documents required for registration

 (1) The information is the following:

 (a) the owner’s name and address;

 (b) if the application is made by a person other than the owner — the name and address of the person making the application;

 (c) if it is not an amateur-built aircraft or a kit-built aircraft — a description of it, including its manufacturer, its type and model as designated by its manufacturer and the serial number given to it by its manufacturer;

 (d) if it is an amateur-built aircraft or a kit-built aircraft:

 (i) a description of it including its class, type, make and model, its serial number, the number of seats in it and (if applicable) the number of engines installed; and

 (ii) whether it is built for land or water operation;

 (e) if a registration mark has been assigned to it — the registration mark;

 (f) if it has previously been registered (whether in Australia or in another country):

 (i) the name of the country in which it was registered (or, if it has been registered in 2 or more countries, the country in which it was most recently registered); and

 (ii) the registration mark given to it in that country;

 (g) if the owner or any of the owners is an individual — his or her age;

 (h) if the registration is required for a particular period only:

 (i) the period; and

 (ii) the reason for the requirement.

 (2) If the owner is a corporation or a body or agency mentioned in paragraph 47.050 (2) (c) or (d), the address given for it must be an address to which notices can be sent, and need not be its registered address under the Corporations Law.

 (3) If the application is in writing, it must be accompanied by a copy of any document or instrument that creates, or is evidence of, the arrangement under which the owner is responsible for the aircraft’s airworthiness and maintenance.

47.060 Confirmation of oral application

 (1) A person who has applied orally for the registration of an aircraft must send or give CASA a written confirmation of the application.

 (2) The confirmation:

 (a) must be in an approved form; and

 (b) must be received by CASA within 14 days after the day on which the oral application was made.

 (3) If the applicant has not given CASA a document required by regulation 47.055 to be given to CASA when an application is made in writing, the applicant must attach the document to the confirmation.

47.065 CASA may ask for further information

 (1) If CASA reasonably requires information or a document to enable it to consider the application, CASA may ask the owner, in writing, to give CASA the information or a copy of the document.

Note   For the definition of owner, see regulation 47.045.

 (2) CASA must describe the information or document in the request.

 (3) CASA may refuse to consider, or cease considering, the application until the owner complies with the request.

 (4) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to an application for registration of such an aircraft this regulation has effect as if the references in subregulations (1), (2) and (3) to CASA were references to the agent.

47.070 Registration of aircraft

 (1) CASA must register an aircraft if:

 (a) an application for the registration of the aircraft has been made in the way required by regulation 47.050; and

 (b) the owner of the aircraft (if he or she is an individual) is at least 18 years old; and

 (c) the applicant has declared that the aircraft is intended to be used as an aircraft; and

 (d) the aircraft is not registered in Australia or under the law of:

 (i) a Contracting State; or

 (ii) another foreign country that has an agreement with Australia that allows an aircraft registered under the law of that country to be operated in Australia.

Note   For the definition of Contracting State see subsection 3 (1) of the Act. For the definition of owner, see regulation 47.045.

 (2) CASA registers an aircraft by entering the following information about the aircraft in the Civil Aircraft Register:

 (a) its type, make, model and serial number;

 (b) the registration mark (if any) assigned to it under Subpart D;

 (c) if the registration is for a particular period — a statement to that effect, including the day on which the registration ends;

 (d) the name and address of its owner;

 (e) if the application for registration was made by an agent of the owner — the agent’s name and address;

 (f) the day on which it was registered.

Note   For the definitions of model and type see the Dictionary.

 (3) CASA may register an aircraft for a particular period if it is appropriate to do so, having regard to all the circumstances.

 (4) In particular, CASA may register an aircraft for a period at the end of which:

 (a) the aircraft will be taken out of Australia; or

 (b) the owner’s interest in the aircraft will end.

 (5) Registration of an aircraft has effect until:

 (a) if CASA registers the aircraft for a particular period — the end of that period; or

 (b) it is cancelled.

 (6) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to such an aircraft this regulation has effect as if the references in subregulations (1), (2), (3), (4) and (5) to CASA were references to the agent.

47.075 Interim certificate of registration

 (1) If CASA registers an aircraft on the basis of an oral application, the applicant must prepare and sign an interim certificate of registration for the aircraft.

 (2) The interim certificate must be in an approved form.

 (3) If CASA registers an aircraft on the basis of an oral application, its registration holder is guilty of an offence punishable by a fine of 50 penalty units if the registration holder permits the aircraft to be taken outside Australian territory before CASA issues a certificate of registration for the aircraft.

47.080 Issue of certificate of registration

 (1) When CASA registers an aircraft, it must give a certificate of registration for the aircraft to its registration holder.

Note   The form of the certificate of registration is set out in section 7 of Annex 7, Aircraft Nationality and Registration Marks, to the Chicago Convention.

 (2) If the registration is for a particular period, the certificate must specify the day on which the registration ends.

 (3) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to such an aircraft this regulation has effect as if the references in subregulations (1) and (2) to CASA were references to the agent.

47.085 Certificate of registration to be carried on board

  The registration holder of an aircraft must ensure that the aircraft’s certificate of registration (or, if the original certificate has been lost, stolen or destroyed or so damaged that the information on it cannot easily be read, a true copy of it issued under regulation 47.100) is carried on board.

47.090 Notice of error or change in information in Register

 (1) If an aircraft’s registration holder finds out that anything in the Civil Aircraft Register in relation to the aircraft was not, or is no longer, correct, the registration holder must tell CASA in writing, within 14 days after finding out, about the change that should be made.

 (2) In particular, if an aircraft’s registration holder is a corporation, and its address for service changes, the corporation must tell CASA in writing, within 14 days after the change, about the new address for service.

 (3) If an aircraft’s registration holder does not comply with subregulation (1) or (2), the registration holder is guilty of an offence punishable by a fine of 20 penalty units.

 (4) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to such an aircraft this regulation has effect as if the references in subregulations (1) and (2) to CASA were references to the agent.

47.095 Replacement certificate of registration

 (1) Subregulation (2) applies if:

 (a) CASA has changed anything in the Civil Aircraft Register about an aircraft; and

 (b) the certificate of registration for the aircraft does not show the correct information.

 (2) CASA must:

 (a) give the aircraft’s registration holder another certificate of registration for the aircraft that shows the correct information; and

 (b) ask the registration holder in writing to return the old certificate to CASA.

 (3) If an aircraft’s registration holder does not return the old certificate within 14 days from the date of the request, the registration holder is guilty of an offence punishable by a fine of 20 penalty units.

 (4) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to such an aircraft this regulation has effect as if the references in subregulations (1) and (2) to CASA were references to the agent.

47.100 Loss etc of certificate of registration

 (1) CASA must, on written application by an aircraft’s registration holder, give the registration holder a copy of the aircraft’s certificate of registration if the certificate, or a copy of it previously given by CASA:

 (a) has been lost, stolen or destroyed; or

 (b) is so damaged that information on it is no longer clearly legible.

 (2) If the application is made because a certificate or copy has been damaged, the registration holder must return the damaged certificate or copy to CASA when the registration holder receives the new certificate.

 (3) The copy given under subregulation (1) must state that it is a true copy of the original certificate.

 (4) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to such an aircraft this regulation has effect as if the references in subregulations (1) and (2) to CASA were references to the agent.

47.105 Cancellation of registration

 (1) CASA must cancel the registration of an aircraft if:

 (a) the aircraft’s registration holder applies in writing for the registration to be cancelled; or

 (b) the aircraft is totally destroyed or scrapped; or

 (c) a person other than the registration holder becomes its owner, and does not apply to become the aircraft’s registration holder within 14 days after becoming its owner; or

 (d) CASA finds out that the aircraft is registered under the law of another country.

Note   For the definition of owner, see regulation 47.045.

 (2) If the aircraft was registered following an oral application, CASA must also cancel the registration if:

 (a) CASA does not receive a written confirmation of the application in an approved form within 14 days after the day on which the oral application was made; or

 (b) it receives, within that period, a document purporting to be such a confirmation that:

 (i) does not include all the information mentioned in subregulation 47.050 (5); or

 (ii) includes any such information that differs in a significant way from the corresponding information given orally to CASA; or

 (c) it does not receive, within that period, a copy of any document that, under regulation 47.050, the applicant is required to give it.

 (3) CASA cancels the registration of aircraft by making an entry to that effect in the Civil Aircraft Register.

 (4) CASA must tell the aircraft’s former registration holder in writing about the cancellation, setting out the day on which the registration was cancelled.

 (5) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to such an aircraft this regulation has effect as if:

 (a) the references in subregulations (1), (3) and (4) to CASA were references to the agent; and

 (b) subregulation (2) were omitted.

47.110 Return of certificate of registration

 (1) If the registration of an aircraft has ended or has been cancelled, the person who was the registration holder of the aircraft immediately before the registration ended or was cancelled must, within 60 days after the registration ended or was cancelled:

 (a) send the certificate of registration for the aircraft back to CASA; or

 (b) if the certificate has been destroyed or lost —give CASA a statutory declaration to that effect.

 (2) In subregulation (1), the reference to the person who was the registration holder of an aircraft immediately before the aircraft’s registration ends or is cancelled is taken to be a reference to:

 (a) if that person has died — his or her personal representative; or

 (b) if that person is bankrupt — his or her trustee in bankruptcy; or

 (c) if that person is a company that is being wound up — its liquidator.

 (3) If CASA has appointed a registration agent to register aircraft of a particular kind, in relation to such an aircraft this regulation has effect if the references in subregulation (1) to CASA were references to the agent.

47.115 Service of notices

 (1) A notice about an Australian aircraft, to be served by CASA or a registration agent under this Subpart, is properly served for all purposes if it is served on the registration holder at:

 (a) the owner’s address given in the application for registration of the aircraft; or

 (b) any address that the aircraft’s owner or registration holder has subsequently told CASA about in substitution for that address.

 (2) Such a notice is also properly served for all purposes if it is sent by facsimile transmission to a facsimile number given to CASA or the registration agent by the owner or registration holder for that purpose, and CASA or the agent receives confirmation that the notice was received at that number.

Subpart E Dealer’s marks

47.120 Meaning of aircraft dealer for this Subpart

aircraft dealer includes a manufacturer or distributor of aircraft.

47.125 Assignment of dealer’s marks

 (1) An aircraft dealer may apply in writing, in an approved form, for a mark or marks to be assigned to the dealer for use on aircraft manufactured, or being distributed or dealt with, by the dealer.

 (2) If the dealer is an individual, he or she must declare in writing that he or she is at least 18 years old.

 (3) CASA must assign to the dealer as many marks as the dealer applied for if:

 (a) the application complies with subregulation (1); and

 (b) if the dealer is an individual — he or she is at least 18 years old.

47.130 What marks may be assigned to dealers

  A mark that is assigned to an aircraft dealer must be a mark that could be assigned to an aircraft as a registration mark.

47.135 Register of dealer’s marks

 (1) CASA must keep a register of dealer’s marks.

 (2) CASA must enter the following information in the register in relation to each mark assigned to an aircraft dealer:

 (a) the mark;

 (b) the aircraft dealer’s name and address;

 (c) if the dealer is an individual — a statement that he or she is at least 18 years old;

 (d) if the application for the assignment of the mark was made by someone else on the dealer’s behalf — the name and address of the person who made the application.

47.140 How long assignment to dealer remains in effect

  The assignment of a dealer’s mark to an aircraft dealer has effect until CASA revokes the assignment.

47.145 Certificate of assignment of dealer’s mark

 (1) If CASA assigns a dealer’s mark to an aircraft dealer, CASA must give to the dealer a certificate stating that the mark is assigned to the dealer.

 (2) Each such certificate must be for only 1 dealer’s mark.

47.150 Loss of certificate of assignment of dealer’s mark

 (1) If a certificate of assignment of a dealer’s mark, or a copy of such a certificate already given under this subregulation, has been lost or destroyed, or is so damaged that information on it is no longer clearly legible, CASA must give the aircraft dealer to whom the mark was assigned a copy of the certificate if the dealer applies in writing.

 (2) If the application is because a certificate or copy has been damaged, the dealer must return the damaged certificate or copy to CASA when he or she receives the new certificate.

 (3) A copy given under subregulation (1) must state that it is a true copy of the original certificate.

47.155 Dealer’s plate

 (1) When CASA assigns a dealer’s mark to an aircraft dealer, it must issue to the dealer a fireproof plate bearing the mark.

 (2) The dealer must ensure that the plate is carried on board an aircraft that is being operated under the mark.

Penalty:   30 penalty units.

 (3) If title to, or possession of, an aircraft on which the mark is being used passes to another person, the dealer must remove the plate, or ensure that it is removed, from the aircraft before the end of the day on which title or possession so passes.

 (4) A dealer who fails to comply with subregulation (3) is guilty of an offence punishable by a fine of 30 penalty units.

47.160 Use of dealer’s marks

 (1) An aircraft dealer to whom a dealer’s mark is assigned may use the mark only on aircraft manufactured, or being distributed or dealt with, by the dealer.

Note   The certificate of assignment must be carried on board the aircraft, or the aircraft must be registered — see paragraph 47.175 (4) (b).

 (2) The dealer must not use the mark on more than 1 aircraft at any particular time.

 (3) The dealer must keep records showing:

 (a) each aircraft on which the mark was used; and

 (b) the periods during which it was used on that aircraft.

 (4) The dealer must retain the record for a period during which the mark was used on an aircraft for 12 months after the end of that period.

 (5) A dealer who contravenes subregulation (1), (2), (3) or (4) is guilty of an offence punishable by a fine of 30 penalty units.

47.165 Annual report to CASA on aircraft using dealer’s marks

 (1) An aircraft dealer to whom a dealer’s mark has been assigned must, within 1 month after the end of each reporting period, give CASA a report listing all aircraft on which the mark was used during that period.

Penalty:   30 penalty units.

 (2) In subregulation (1):

reporting period means:

 (a) the period of 12 months beginning on the day on which the mark was assigned to the dealer; or

 (b) each consecutive period of 12 months at the end of which the mark is still assigned to the dealer; or

 (c) a period of less than 12 months beginning on the day on which the mark was assigned to the person, or an anniversary of that day, and ending on the day on which the assignment of the mark is revoked or otherwise ceases.

47.170 Revocation of assignment of dealer’s mark etc

 (1) CASA must revoke the assignment of a dealer’s mark to an aircraft dealer if the dealer:

 (a) asks it to do so; or

 (b) fails to comply with regulation 47.165.

 (2) If CASA revokes such an assignment, it must tell the dealer in writing that it has done so.

 (3) The dealer must return the certificate of assignment of the mark, and the relevant dealer’s plate, to CASA within 7 days after receiving the notice of the revocation.

 (4) A dealer who fails to comply with subregulation (3) is guilty of an offence punishable by a fine of 20 penalty units.

Subpart F Exemption from registration

47.175 Aircraft not required to be registered

 (1) For paragraph 20AA (1) (b) of the Act, an aircraft is not required to be registered if subregulation (2), (3), (4), (5) or (6) applies to it.

 (2) This subregulation applies to an aircraft if it is:

 (a) an unmanned free balloon; or

 (b) a permanently tethered manned balloon; or

 (c) a hang glider; or

 (d) a kite; or

 (e) a parachute; or

 (f) a recreational unmanned aircraft;

 (g) a rocket.

Note   For the definitions of kite, manned balloon, tethered and unmanned balloon see the Dictionary.

 (3) This subregulation applies to an aircraft if it is an unpowered aircraft that weighs less than 75 kilograms.

 (4) This subregulation applies to an aircraft if all of the following conditions are satisfied in relation to it:

 (a) the aircraft is being operated under a dealer’s mark assigned to the manufacturer, or to a distributor or dealer, of the aircraft;

 (b) the certificate of that assignment is displayed on board the aircraft;

 (c) a dealer’s plate issued to the manufacturer, distributor or dealer under regulation 47.155 and bearing the mark is carried on board the aircraft;

 (d) the person to whom that mark is assigned has not contravened regulation 47.160.

Note   For the definitions of dealer’s mark and dealer’s plate see the Dictionary.

 (5) This subregulation applies to an aircraft if it satisfies all of the following conditions:

 (a) it is registered under the law of a foreign country referred to in subregulation (7);

 (b) it displays its nationality and registration marks in accordance with the law of that country;

 (c) it has a certificate of airworthiness issued, or rendered valid, under the law of that country.

 (6) This subregulation applies to an aircraft if it satisfies all of the following conditions:

 (a) it has been manufactured in Australia for delivery outside Australia to a foreign operator;

 (b) it is registered under the law of a foreign country referred to in subregulation (7);

 (c) it displays its nationality and registration marks in accordance with the law of that country;

 (d) it has no certificate of airworthiness issued, or rendered valid, under the law of that country;

 (e) it is flown within Australia only for the purpose of:

 (i) a test or demonstration flight carried out within the period after its manufacture approved by CASA; or

 (ii) being delivered to its purchaser outside Australia.

 (7) For paragraphs (5) (a) and (6) (b), the foreign countries are:

 (a) the Contracting States; and

 (b) any other foreign country that has an agreement with Australia that allows an aircraft registered under the law of that country to be operated in Australia.

Note   For the definition of Contracting State see subsection 3 (1) of the Act.

Subpart G Registration agents

47.180 Authorisation of registration agent

 (1) CASA may authorise a recreational aviation administration organisation to register aircraft of a particular kind.

 (2) A recreational aviation administration organisation must not be authorised to register aircraft of a particular kind unless the organisation is authorised to administer sport and recreational aviation of a kind in which aircraft of that kind are used.

 (3) The authorisation may be subject to conditions including, in particular, conditions relating to:

 (a) the passing of information to CASA; or

 (b) inspection by CASA of the organisation’s records.

 (4) CASA must issue to the organisation an instrument setting out:

 (a) the kind of aircraft it is authorised to register; and

 (b) the conditions that apply to the authorisation.

47.185 Failure of registration agent to comply with this Part

  A failure by a registration agent to comply with a requirement of this Part is not an offence but is relevant to whether CASA should revoke the agent’s authorisation.

[8] Paragraph 201.4 (d)

omit

39.6.

39.6; or

[9] After paragraph 201.4 (d)

 (e) a decision under regulation 21.855 to refuse approval to remove or alter information on a critical part; or

 (f) a decision under regulation 21.870 that it is impractical to mark information on a part; or

 (g) a decision under subregulation 45.090 (1) to refuse approval to place a design, mark or symbol on an aircraft; or

 (h) a decision under subregulation 45.105 (2) directing where to place an aircraft’s markings, or refusing to give such a direction; or

 (i) a decision under subregulation 45.150 (3) directing where to place an aircraft’s aircraft registration identification plate, or refusing to give such a direction; or

 (j) a decision under regulation 45.155 refusing approval to remove an aircraft’s aircraft registration identification plate, or remove or alter a marking on such a plate; or

 (k) a decision under Part 47 refusing to register, or cancelling the registration of, an aircraft; or

 (l) a decision under Part 47 to register an aircraft for a particular period; or

 (m) a decision under Subpart E of Part 47 refusing to assign, or revoking the assignment of, a dealer’s mark to a person.

[10] Dictionary, Part 1

insert the following definitions in the appropriate alphabetical positions (determined on a letter-by-letter basis)

aircraft registration identification plate see regulation 45.140.

airship means a powered, lighter-than-air aircraft.

Australian nationality mark see regulation 45.015.

balloon means an unpowered, lighter-than-air aircraft.

Civil Aircraft Register means the register established and maintained under regulation 47.010.

class, in relation to an aircraft — see clause 5 of Part 2.

critical part, for an aircraft, means a part that must be inspected, overhauled, or removed or retired from the aircraft within a period specified:

 (a) in the Airworthiness Limitations section of the Manufacturer’s Maintenance Manual (as published from time to time by the aircraft’s manufacturer) for the aircraft; or

 (b) in the Manufacturer’s Instructions for Continued Airworthiness (as published by the manufacturer from time to time) for the aircraft.

dealer’s mark means a mark assigned to an aircraft manufacturer, distributor or dealer under regulation 47.125.

Dictionary means this Dictionary.

glider means an unpowered, heavier-than-air aircraft that derives its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight.

heavier-than-air aircraft is the generic term for aircraft that derive their lift in flight chiefly from aerodynamic forces.

identification number of a production certificate or type certificate means the number, or group of characters, described in the certificate as being its number.

kite means a glider normally moored to the ground.

lighter-than-air aircraft is the generic term for aircraft that are supported chiefly by their buoyancy in the air.

fireproof, in connection with a manufacturer’s data plate — see regulation 21.810.

manned balloon means a balloon that:

 (a) is capable of carrying 1 or more persons; and

 (b) is equipped with controls that enable control of the altitude of the balloon.

markings of an Australian aircraft — see subregulation 45.025 (1).

owner of an aircraft, for the purposes of an application for its registration — see regulation 47.045.

powered aircraft means an aircraft that is propelled by an engine or engines.

powered parachute means a powered aircraft that has the characteristics of a parachute when its engine or engines are not operated.

recreational unmanned aircraft means an aircraft that:

 (a) is not designed for, nor capable of, accommodating a person; and

 (b) is used only for sport and recreation.

registered means registered under Part 47.

registration agent means an approved recreational aviation administration organisation that CASA has authorised, under regulation 47.180, to register aircraft.

registration holder of an aircraft means the person whose name is entered in the Civil Aircraft Register as that of the aircraft’s owner.

registration mark — see regulation 45.020.

rotorcraft means a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by 1 or more rotors.

set of markings of an Australian aircraft — see subregulation 45.025 (2).

tethered, in relation to a lighter-than-air aircraft, means attached to the ground, or an object on the ground, by flexible restraints that limit movement.

unmanned balloon means a balloon other than a manned balloon.

unpowered aircraft means an aircraft other than a powered aircraft.

[11] Dictionary, Part 1, definition of certificate of registration

certificate of registration, for an aircraft, means:

 (a) the certificate given under regulation 47.080 for the aircraft; or

 (b) if CASA has given a replacement certificate or certificates under regulation 47.095 for the aircraft — that certificate, or the last of those certificates.

Schedule 3 Amendments of Civil Aviation Regulations 1988 commencing on 1 October 2000

(subregulation 4 (2))

[1] Subregulation 2 (1), definition of entitled person

omit

[2] Subregulation 2 (1), definition of nationality mark

omit

[3] Subregulation 2 (1), definition of registered

omit

[4] Part 3, Divisions 1, 2, 3, 4 and 5

omit

[5] Subregulations 15 (1) and (2)

omit

[6] Part 3, Division 7

omit

[7] After Part 4C

Part 4D Removal of data plates and registration identification plates

56 Definitions for this Part

  In this Part:

manufacturer’s data plate means a manufacturer’s data plate attached to an aircraft, aircraft engine or aircraft propeller under Division 2 of Subpart Q of Part 21 of CAR 1998.

57 Removal or alteration of manufacturer’s data plate

 (1) A person must not, without CASA’s written approval, remove from an aircraft, aircraft engine, aircraft propeller, propeller blade or propeller hub a manufacturer’s data plate that has been attached to the aircraft, engine, propeller, blade or hub.

Note   The removal of a manufacturer’s data plate is permitted during maintenance, subject to conditions — see regulation 60.

 (2) A person must not, without CASA’s written approval, remove or alter any of the information on a manufacturer’s data plate required by Division 2 of Subpart Q of Part 21 of CAR 1998 to be there.

 (3) CASA must not grant an approval under subregulation (1) or (2) if granting the approval would adversely affect the safety of air navigation.

58 Removal or alteration of identification from heater assembly of manned balloon or propeller

 (1) Except with CASA’s written approval, a person must not remove or alter any of the information marked on the heater assembly of a manned balloon under Division 2 of Subpart Q of Part 21 of CAR 1998.

 (2) If information mentioned in subregulation 21.840 (5) of CAR 1998 is marked on an aircraft propeller, propeller blade or propeller hub, a person must not, without CASA’s written approval, remove or alter any of that information.

 (3) CASA must not grant an approval under subregulation (1) or (2) if granting the approval would adversely affect the safety of air navigation.

59 Transfer of manufacturer’s data plate to another aircraft etc prohibited

 (1) A person must not attach, to an aircraft, aircraft engine, aircraft propeller, propeller blade or propeller hub, a manufacturer’s data plate that bears information about another aircraft, engine, propeller, blade or hub.

 (2) A person must not mark on an aircraft propeller, propeller blade or propeller hub information:

 (a) about another propeller, blade or hub; or

 (b) about a fictitious propeller, blade or hub.

 (3) A person who marks, on a balloon heater, information about another balloon heater, or information about a fictitious balloon heater, is guilty of an offence punishable by a fine of 50 penalty units.

60 Removal of manufacturer’s data plates

 (1) In spite of regulation 57, a person carrying out maintenance on an aircraft, aircraft engine or aircraft propeller or the basket of a manned balloon may remove the manufacturer’s data plate attached to the aircraft, engine, propeller or basket if he or she does so in accordance with a method, technique or practice acceptable to CASA.

 (2) A person who has removed a manufacturer’s data plate from an aircraft, aircraft engine or aircraft propeller, or from the basket of a manned balloon, under subregulation (1) must re-attach it to the aircraft, engine, propeller or basket in accordance with a method, technique or practice acceptable to CASA.

61 Removal of aircraft registration identification plates

 (1) In spite of regulation 45.155 of CAR 1998, a person carrying out maintenance on an aircraft may remove the aircraft’s aircraft registration identification plate if he or she does so in accordance with an acceptable method, technique or practice.

 (2) A person who has removed an aircraft registration identification plate from an aircraft under subregulation (1) must re-attach it to the aircraft in accordance with an acceptable method, technique or practice.

[8] Paragraph 133 (1) (a)

omit

Part 45 of CAR 1998

[9] Subregulation 231 (2)

omit

A person who is the holder of the certificate of registration for, or the operator, hirer or pilot in command of, an Australian aircraft

The registration holder, or operator, or the pilot in command, of an Australian aircraft

[10] Subregulation 262AL (6)

omit

[11] Subregulation 262AM (9)

omit

[12] Subregulation 262AO (12)

omit

[13] Subregulation 262AP (10)

omit

[14] Regulation 307

omit

Notes

1. These Regulations amend (in Schedules 1 and 2) Statutory Rules 1998 No. 237, as amended by 1999 Nos. 166 (as amended by 1999 No. 262) and 262; 2000 No. 7.

 These Regulations also amend (in Schedule 3) Statutory Rules 1988 No. 158, as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; Act No. 25, 1990; Statutory Rules 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487 (as amended by 1992 No. 174); 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 (new regulation 239 contained in regulation 16 was disallowed by the Senate on 23 March 1994) and 368; 1994 Nos. 93, 173, 187, 188, 260, 294, 382 and 396; 1995 Nos. 122, 147, 148 and 224; 1996 No. 88; 1997 Nos. 23, 67, 111, 139 and 220; 1998 Nos. 31, 32, 219, 234 (disallowed by the Senate on 8 March 1999), 235, 236 and 288; 1999 Nos. 166 (as amended by 1999 No. 262), 167, 210, 229, 262, 353 and 354; 2000 No. 8.

2. Made by the Governor-General on 24 July 2000, and notified in the Commonwealth of Australia Gazette on 31 July 2000.