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for its intended use when operated in accordance with the limitations:
(a) established by the applicant under subregulation (4); and
(b) in regulation 262AO of CAR.
(2) The applicant must certify that:
(a) the aircraft has been designed and constructed in accordance
with the airworthiness requirements applicable to the issue of the
type certificate or supplemental type certificate applied for; and
(b) the aircraft substantially meets the applicable flight characteristic
requirements for the type certificate or supplemental type
certificate applied for; and
(c) the aircraft can be operated safely under the appropriate
operating limitations specified in subregulation (1).
(3) The applicant must submit a report to CASA showing that the aircraft
had been flown in all manoeuvres necessary to show compliance with
the flight requirements for the issue of the type certificate or
supplemental type certificate applied for, and to establish that the
aircraft can be operated safely in accordance with the limitations
contained in these regulations.
(4) The applicant must establish all limitations required for the issue of
the type certificate or supplemental type certificate applied for,
including limitations on weights, speeds, flight manoeuvres, loading,
and operation of controls and equipment unless, for each limitation
not established, appropriate operating restrictions are established for
the aircraft.
(5) The applicant must establish an inspection and maintenance program
for the continued airworthiness of the aircraft.
(6) The applicant must show CASA that a prototype aircraft has been
flown for at least 50 hours under an experimental certificate or under
the auspices of the Defence Force, or an armed force of Canada, the
United Kingdom or the United States of America. However, in the
case of an approval of an amendment to a provisional type certificate,
CASA may reduce the number of required flight hours.
Source FARs section 21.81 modified.
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR
Civil Aviation Safety Authority 1st Edition – January 2003
Part 21 — 38
21.083 Requirements for issue and amendment of Class II provisional
type certificates
(1) An applicant who manufactures an aircraft within Australian territory,
and who applies for a type certificate for the aircraft in the transport
category, is entitled to the issue of a Class II provisional type
certificate, or an approval of an amendment to a Class II provisional
type certificate, if the applicant shows compliance with this regulation
and CASA is satisfied that the aircraft can reasonably be expected to
be safe for its intended use when operated in accordance with the
limitations:
(a) set out in the provisional aircraft flight manual (if any) required
by subregulation (7); and
(b) in regulation 262AO of CAR.
(2) An applicant who manufactures an aircraft in a country with which
Australia has an agreement for the acceptance of those aircraft for
export and import, and who applies for a type certificate for the
aircraft in the transport category, is entitled to the issue of a Class II
provisional type certificate, or an approval of an amendment to a
Class II provisional type certificate, if the NAA of the country in
which the aircraft was manufactured certifies that the applicant has
shown compliance with this regulation and that the aircraft meets the
requirements of subregulation (5) and CASA is satisfied that the
aircraft can reasonably be expected to be safe for its intended use
when operated in accordance with the limitations:
(a) in the provisional aircraft flight manual (if any) required by
subregulation (7); and
(b) in regulation 262AO of CAR.
(3) The applicant must hold a type certificate for at least one other
aircraft in the same transport category as the subject aircraft.
(4) The flight test program to be carried out for the purposes of the type
certificate or the flight test program conducted by the authorities of
the country in which the aircraft was manufactured, with respect to
the issue of a type certificate for that aircraft, must be in progress.
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 21 — 39
(5) The applicant or, in the case of a foreign manufactured aircraft, the
NAA of the country in which the aircraft was manufactured, must
certify that:
(a) the aircraft has been designed and constructed in accordance
with the airworthiness requirements applicable to the issue of the
　
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