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Legislative changes - Amendment to CAO 95.55

Amendment to CAO 95.55

CAO 95.55 - Certain ultralight aeroplanes- exemption from provisions of the Civil Aviation Regulations 1988

Civil Aviation Amendment Order (No. 5) 2002 (8K Adobe Acrobat file)

Explanatory Statement

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations.

Under subregulation 308 (1) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, among other things, exempt an aircraft from compliance with specified provisions of CAR 1988. Subregulation 308 (3) provides that such an exemption is subject to the aircraft complying with any conditions specified by CASA as being necessary in the interests of safety. Under subregulation 308 (4) such an exemption is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Section 95.55 of the Civil Aviation Orders exempts certain ultralight aircraft from provisions of CAR 1988. This exemption allows the aircraft to which it applies to be flown after registration with the Australian Ultralight Federation (AUF).

Paragraph 1.6 applies the section to aircraft manufactured for sale by the holder of an approval under regulation 30 of CAR 1988 or the holder of a production certificate issued by CASA. In practice, this paragraph prevents the registration with the AUF of ultralight aircraft from foreign countries unless the factories have specific CASA approval. To give such an approval, CASA would be required to physically assess each facility.

The Order amends paragraph 1.6 to broaden the categories of aircraft to which it applies. As amended, it applies to aircraft that have been issued with a type certificate, a certificate of type approval or an equivalent document issued by CASA, another National Airworthiness Authority (NAA) or a body authorised for that purpose. The aircraft also has to be manufactured in accordance with a certificate or equivalent document issued by CASA, a NAA or an authorised body.

The Order was made after distribution of a Notice of Proposed Rule Making (NPRM) and a consideration of the responses.

A copy of the NPRM is attached.

The Order came into effect on gazettal. It was made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.