6Obligations in relation to aeroplane certification and performance

6 Obligations in relation to aeroplane certification and performance

6.1 Aeroplanes must be certificated as follows:

(a) subject to subparagraphs (b) and (c) and paragraph 6.4, aeroplanes which have a maximum take-off weight (MTOW) exceeding 3 500 kg in the:

(i) transport category; or

(ii) commuter category; or

(iii) normal category, subject to the condition that the aeroplane meets the requirements of Appendix 5 of this Order;

(b) aeroplanes in respect of which a certificate of type approval or type acceptance certificate has been issued and which have an MTOW exceeding 3 500 kg and comply with the United States of America Special Federal Aviation Regulation No. 41 — normal category;

(c) aeroplanes which have a MTOW exceeding 8 618 kg and which have a seating configuration to seat more than 19 passengers — transport category;

(d) aeroplanes which have a MTOW not exceeding 3 500 kg — normal category, commuter category or transport category.

6.2 Subject to paragraph 6.5, each operator must ensure that aeroplanes having a MTOW exceeding 5 700 kg are operated in compliance with section 20.7.1 or 20.7.1B and aeroplanes having a MTOW not exceeding 5 700 kg are operated in compliance with section 20.7.2.

6.3 Each operator must ensure that aeroplanes operated over routes and in weather conditions where icing is forecast or known to exist are certificated for unrestricted flight in icing conditions.

6.4 Subparagraph 6.1 (a) does not apply to:

(a) a single engine aeroplane operated under the I.F.R. in accordance with approvals given under subparagraphs 175A (1) (d) (i) and (ii) of the Civil Aviation Regulations 1988; or

(b) a single engine aeroplane operated under the V.F.R. in accordance with paragraph 7.4.

6.5 Paragraph 6.2 does not apply to:

(a) an operator who operates a single engine aeroplane under the I.F.R. in accordance with approvals given under subparagraphs 175A (1) (d) (i) and (ii) of the Civil Aviation Regulations 1988; or

(b) an operator who operates a single engine aeroplane under the V.F.R. in accordance with paragraph 7.4.