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Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 21 — 65
Subpart 21.H Certificates of airworthiness (except provisional
certificates of airworthiness) and special flight
permits
Note A certificate of airworthiness issued under this Part for an aircraft, aircraft
engine or propeller does not certify that it complies with the Air Navigation
(Aircraft Noise) Regulations, the Air Navigation (Aircraft Engine Emissions)
Regulations or any other applicable Commonwealth legislation. Compliance with
those regulations or other applicable Commonwealth legislation may be required
before the aircraft, aircraft engine or propeller may be legally operated.
21.171 Applicability
This Subpart prescribes requirements for the issue of certificates of
airworthiness (except provisional certificates of airworthiness) and
special flight permits.
Source FARs section 21.171 modified.
Note Under Part 200 (Exemptions), certain Australian aircraft are authorised to fly
without a certificate of airworthiness.
21.173 Eligibility
(1) An aircraft registration holder is eligible to apply to CASA or an
authorised person for a certificate of airworthiness for the aircraft.
(2) An application must be made in a form and manner acceptable to
CASA or the authorised person.
(3) In this regulation:
certificate of airworthiness does not include a provisional certificate
of airworthiness or an experimental certificate.
Source FARs section 21.173 modified.
21.175 Certificates of airworthiness: classification
In these regulations:
special certificate of airworthiness means:
(a) a certificate of airworthiness issued for an aircraft type
certificated in the primary, intermediate or restricted category, or
an aircraft in the limited category, or an amateur-built aircraft
accepted under an ABAA; or
(b) a provisional certificate of airworthiness; or
(c) an experimental certificate .
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 21 — 66
standard certificate of airworthiness means a certificate of
airworthiness issued for:
(a) an aircraft type certificated in the normal, utility, acrobatic,
commuter, or transport category; or
(b) a manned free balloon; or
(c) an aircraft in a special class of aircraft.
Source FARs section 21.175 modified.
21.176 Issue of certain certificates of airworthiness
(1) CASA or an authorised person must issue a certificate of
airworthiness to an applicant for the certificate if the applicant:
(a) is eligible, under regulation 21.173, to apply for the certificate;
and
(b) applies for the certificate in accordance with this Subpart; and
(c) is entitled, under this Subpart, to the certificate; and
(d) otherwise complies with this Part.
(2) CASA or an authorised person may issue a certificate of
airworthiness for an aircraft subject to any conditions that CASA or
the authorised person considers necessary in the interests of aviation
safety.
(3) A condition imposed under subregulation (2) may include operational
limitations.
(4) Any conditions imposed under this regulation, and any conditions
imposed under regulation 21.016 or 21.029B that limit the use of the
aircraft, must be in writing, and set out in, or attached to, the
certificate of airworthiness.
(5) A person must not engage in conduct that results in a breach of a
condition of a certificate of airworthiness.
Penalty: 50 penalty units.
(5A) An offence against subregulation (5) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
(6) In this regulation:
certificate of airworthiness does not include a provisional certificate
of airworthiness or an experimental certificate.
21.179 Transferability
Subject to regulation 21.219, a certificate of airworthiness is
transferred with the aircraft.
Source FARs section 21.179 modified.
Note Regulation 21.219 relates to the transferability of provisional certificates of
airworthiness.
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 21 — 67
21.181 Duration of certain certificates of airworthiness
(1) In this regulation:
certificate of airworthiness does not include a provisional certificate
of airworthiness or an experimental certificate.
(2) Subject to subregulation (4), a certificate of airworthiness continues
　
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