1Name of Regulations
These Regulations are the Civil Aviation Regulations 1988.
Parliamentary material from APH and the Federal Register of Legislation. Links open the official source in a new tab.
These Regulations are the Civil Aviation Regulations 1988.
In these Regulations, unless the contrary intention appears:
adopted in pursuance of the Convention means adopted by the International Civil Aviation Organization in pursuance of Article 37 of the Chicago Convention.
agricultural operations means the broadcasting of chemicals, seeds, fertilizers and other substances from aircraft for agricultural purposes, including purposes of pest and disease control.
aircraft component means:
any part or equipment for an aircraft that, when fitted to, or provided in an aircraft may, if it is not sound or functioning correctly, affect the safety of the aircraft, its occupants or its cargo or cause the aircraft to become a danger to person or property; or
flotation equipment, evacuation equipment, ration packs, portable breathing apparatus, fire‑fighting equipment, or any other equipment or apparatus, fitted to, or provided in, an aircraft for use in an emergency;
but does not include any part, equipment or apparatus for an aircraft in respect of which a direction is in force under subregulation (2).
aircraft log book means a log book kept for the purposes of subregulation 50A(1).
aircraft maintenance record means:
an aircraft log book; or
an approved alternative maintenance record.
aircraft material means a material (including a fluid) for use in the manufacture, maintenance, servicing or operation of an aircraft or of an aircraft component, but does not include an aircraft component.
aircraft welding authority means an authority granted under regulation 33D.
airworthiness authority means an authority under regulation 33B.
approved alternative maintenance record means a record kept for the purposes of subregulation 50B(3) or (4).
approved maintenance data, in relation to an aircraft, aircraft component or aircraft material, has the meaning given by regulation 2A.
approved system of certification of completion of maintenance means a system of certification of completion of maintenance for which an approval under regulation 42ZG is in force.
approved system of maintenance, for an Australian aircraft, means a system of maintenance for the aircraft that has been approved under regulation 42M, including any changes to the program that have been approved under regulation 42R.
CASA maintenance schedule means the schedule of maintenance set out in Schedule 5.
CASA system of certification of completion of maintenance means the system of certification of completion of maintenance set out in Schedule 6.
CASR means the Civil Aviation Safety Regulations 1998.
centre of gravity, in relation to an aircraft at any time, means the centre of gravity of the aircraft at that time estimated in accordance with the method set out in a direction in force under regulation 235.
certificate of approval means a certificate of approval in force under regulation 30.
certificate of type approval means a certificate of type approval continued in force under regulation 313 or a type certificate issued under regulation 21.013A or 21.029 of CASR.
class A aircraft means an Australian aircraft, other than a balloon, that satisfies either or both of the following paragraphs:
the aircraft is certificated as a transport category aircraft;
the aircraft is being used, or is to be used, by the holder of an Australian air transport AOC which authorises the use of that aircraft in scheduled air transport operations.
Subregulation 2(2C) sets out how an aircraft is certificated as a transport category aircraft.
class B aircraft means an Australian aircraft that is not a class A aircraft.
commercial operations means civil air operations other than private operations.
Commonwealth aircraft means an aircraft, other than a military aircraft, that is in the possession or under the control of the Commonwealth or an authority of the Commonwealth or is being used wholly or principally for a purpose of the Commonwealth.
daily inspection, in relation to an aircraft, means:
if the aircraft is maintained in accordance with the CASA maintenance schedule—the inspection referred to in Part 1 of the schedule; and
if the aircraft is not maintained in accordance with the CASA maintenance schedule—the inspection required to be carried out under:
the manufacturer’s maintenance schedule; or
the aircraft’s approved system of maintenance;
before the start of flying operations on each day that the aircraft is to be flown.
dangerous lights means any lights which may endanger the safety of aircraft, whether by reason of glare, or by causing confusion with or preventing clear visual reception of aeronautical lights or signals.
dual flying means flying in an aircraft fitted with fully functioning dual controls for the purpose of receiving flying training from a person who is authorised by these Regulations to give the training.
Federal airport has the same meaning as in the Federal Airports Corporation Act 1986.
flight control system, in relation to an aircraft, includes:
the aircraft’s main control surfaces and associated operating mechanisms and control systems; and
the aircraft’s lift and drag devices and associated operating mechanisms and control systems; and
the aircraft’s trim and artificial feel systems and associated operating mechanisms and control systems; and
the aircraft’s flight control lock system and associated operating mechanisms and control systems; and
the aircraft’s yaw system and associated operating mechanisms and control systems; and
if the aircraft is a rotorcraft—the aircraft’s pitch control systems; and
if the aircraft is an airship—the aircraft’s ballonet system and associated operating mechanisms and control systems.
flight plan means specified information, provided to air traffic control, relative to the intended flight of an aircraft.
gross weight, in relation to an aircraft at any time, means the weight of the aircraft, together with the weight of all persons and goods (including fuel) on board the aircraft, at that time, estimated in accordance with the method set out in a direction in force under regulation 235.
I.F.R. is the symbol used to designate the Instrument Flight Rules prescribed in Part 12.
landing strip means a rectangular portion of the landing area, specially prepared for the take‑off and landing of aircraft in a particular direction.
maintenance controller means a person:
appointed under regulation 42ZV; and
whose appointment:
is approved under regulation 42ZW; and
is not suspended or cancelled under regulation 42ZX.
maintenance control manual means a maintenance control manual mentioned in regulation 42ZY.
maintenance instruction means an instruction that is issued by:
CASA or an authorised person in writing under regulation 38; or
the manufacturer of an aircraft, aircraft component or aircraft material; or
the designer of a modification or repair of an aircraft or aircraft component;
but does not include an instruction issued by a manufacturer or designer if it is clear from the terms of the instruction that the manufacturer or designer regards compliance with the instruction as optional.
maintenance release means a maintenance release in force under regulation 43.
maintenance schedule, in relation to a class B aircraft, means the maintenance schedule referred to in regulation 42A, 42B, 42C or 42CA that applies to the aircraft.
major damage, in relation to an aircraft, means damage of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to person or property.
manual welding means welding carried out and controlled completely by hand.
manufacturer’s maintenance schedule, in relation to an aircraft, means a schedule issued by the manufacturer of the aircraft that sets out what maintenance should be carried out on the aircraft and when it should be carried out.
moored, in relation to lighter‑than‑air aircraft, means the aircraft:
is tethered; and
is not occupied by any person.
operating crew means a crew member.
permissible unserviceability, for an aircraft, means:
a defect in the aircraft approved by CASA as a permissible unserviceability under regulation 37; or
a defect in the aircraft approved by CASA, an authorised person or an approved design organisation as a permissible unserviceability under regulation 21.007 of CASR.
servicing, in relation to an aircraft, means preparing the aircraft for flight, and includes providing the aircraft with fuel and other fluids that are necessary for its operation, but does not include any work that is maintenance.
synthetic flight trainer means a flight simulator, a flight training device, or a synthetic trainer.
For definitions of flight simulator and flight training device, see the CASR Dictionary.
Standards for flight simulators and flight training devices are set out in the document called ‘Manual of Standards (MOS) – Part 60’ published by CASA.
Standards for synthetic trainers are set out in the document called ‘FSD‑2 Operational Standards and Requirements – Approved Synthetic Trainers’ published by CASA.
synthetic trainer means a ground training device, other than a flight simulator or a flight training device, that simulates or represents flight conditions, aircraft characteristics and a cockpit environment.
the Convention means the Chicago Convention.
these Regulations includes CASR.
time‑lifed aircraft component means an aircraft component (including an engine or propeller) that:
the manufacturer of the component; or
if the component has been modified—the designer of the modification; or
CASA;
has instructed must be retired or overhauled or removed from an aircraft within a particular period.
CASA may direct that any part, equipment or apparatus for an aircraft shall, for the purposes of these Regulations, be deemed not to be an aircraft component.
A reference in these Regulations to maintenance on an aircraft includes a reference to maintenance on aircraft components and aircraft materials.
A reference in these Regulations to an aircraft component, or aircraft material, included in an aircraft includes a reference to an aircraft component or aircraft material that is usually included in the aircraft but that has been temporarily removed from the aircraft for any purpose (including for the purpose of having maintenance carried out).
For the purposes of these Regulations, an aircraft is certificated as a transport category aircraft if:
there is a certificate of airworthiness in force in relation to the aircraft; and
the certificate includes a statement to the effect that the certificate is issued in the transport category.
For the purposes of CAR, the categories of maintenance are as follows:
maintenance on aircraft airframes;
maintenance on aircraft engines;
maintenance on aircraft radio systems;
maintenance on aircraft electrical systems;
maintenance on aircraft instruments.
Any reference in these Regulations to the owner of an aircraft must, where under a contract of hire or charter agreement the control, maintenance and operation of the aircraft is vested in the hirer, be read as a reference to the hirer.
The arrangements, identified for the purposes of the definition of ANZA mutual recognition agreements in section 3 of the Act, are:
the arrangement set out in the document entitled ‘Arrangement between the Australian and New Zealand Governments on Mutual Recognition of Aviation‑Related Certification’, signed at Wellington on 13 February 2007; and
the arrangement set out in the document entitled ‘Operational Arrangement between the Civil Aviation Safety Authority of Australia and the Civil Aviation Authority of New Zealand in relation to mutual recognition of Air Operator Certificates’, signed on 16 March 2007.
Subject to subregulation (3), the approved maintenance data for an aircraft, aircraft component or aircraft material consists of the requirements, specifications and instructions that are:
contained in the maintenance data set out in subregulation (2); and
applicable to the maintenance of the aircraft, aircraft component or aircraft material, as the case requires.
For the purposes of paragraph (1)(a), the maintenance data are:
requirements in:
regulations 42U, 42W, 42X, 42Y, 42Z and 42ZA or in instruments made under those regulations; and
directions (however described) made under an airworthiness directive or under regulation 25, 38 or 44;
being requirements that specify how maintenance on aircraft, aircraft components or aircraft materials is to be carried out; and
specifications of how maintenance on an aircraft, aircraft component or aircraft material is to be carried out, in documents or designs approved under another provision of these Regulations; and
instructions, issued by the manufacturers of aircraft, aircraft components or aircraft materials, that specify how maintenance on the aircraft, components or materials is to be carried out; and
instructions, issued by the designers of modifications of aircraft or aircraft components, that specify how maintenance on the aircraft or components is to be carried out; and
any other instructions, approved by CASA under subregulation (4) for the purposes of this paragraph, relating to how maintenance on aircraft, aircraft components or aircraft materials is to be carried out.
CASA may, for the purpose of ensuring the safety of air navigation, declare in writing that an instruction mentioned in paragraph (2)(c) or (d) that CASA thinks is deficient is not included in the approved maintenance data for an aircraft, aircraft component or aircraft material.
CASA may, for the purposes of paragraph (2)(e), approve instructions relating to how maintenance on aircraft, aircraft components or aircraft material is to be carried out.
If:
a provision of these Regulations refers to a prescribed act done by CASA or an authorised person; and
there is no provision of the Act or these Regulations expressly authorising CASA or an authorised person to do the act;
the provision mentioned in paragraph (a) is taken to authorise CASA or an authorised person, as the case may be, to do the act.
For the purposes of this regulation, CASA or an authorised person is taken to do a prescribed act if CASA or the authorised person issues, gives or grants a direction, instruction, notification, exemption, permission, approval or authority, or does any other act or thing.
CASR is to be read with, and as if it formed part of, CAR.
However, if there is any inconsistency between CAR and CASR, CASR prevails to the extent of the inconsistency.
Subject to these Regulations, these Regulations apply to and in relation to:
international air navigation within Australian territory;
air navigation in relation to trade and commerce with other countries and among the States;
air navigation within the Territories;
air navigation to or from the Territories;
air navigation in which a Commonwealth aircraft is engaged;
air navigation in controlled air space that is of a kind not specified in paragraph (a), (b), (c), (d) or (e) but directly affects, or may endanger, the safety of persons or aircraft engaged in:
air navigation of a kind specified in paragraph (a), (b), (d) or (e); or
air navigation in which a military aircraft is engaged; and
all air navigation within Australian territory of a kind not specified in paragraph (a), (b), (c), (d) or (e).
Except where otherwise prescribed, the provisions of these Regulations shall apply to and in relation to Australian aircraft engaged in air navigation outside Australian territory.
When an Australian aircraft is flying over the high seas, the provisions of Annex 2 to the Convention shall apply to and in relation to that aircraft and that flight in substitution for the corresponding provisions of these Regulations relating to the flight and manoeuvre of aircraft.
CASA shall notify in the AIP any differences between the provisions of these Regulations relating to the flight and manoeuvre of aircraft and the provisions of Annex 2 to the Convention.
Subject to these Regulations, these Regulations do not apply to or in relation to state aircraft or to military aerodromes.
Notwithstanding the provisions of subregulation (5), the provisions of these Regulations relating to flight and manoeuvre of aircraft and the licensing of personnel apply to and in relation to a flight by an Australian military aircraft where the aircraft is flown by a person other than a member of the Defence Force.
CASA shall, subject to the directions of the Minister, be charged with the administration of these Regulations, and shall exercise and perform the powers and functions conferred on CASA by these Regulations.
CASA shall maintain close liaison with the Department of Defence in matters of common interest.
This regulation applies if CASA is empowered or required under these Regulations:
to issue a direction, instruction or notification; or
to give a permission, approval or authority.
CASA may, unless the contrary intention appears in the regulation conferring the power or function or imposing the obligation or duty, issue the direction, instruction or notification or give the permission, approval or authority in Civil Aviation Orders or otherwise in writing.
Expressions used in Civil Aviation Orders shall, unless the contrary intention appears, have the same meanings as in these Regulations.
If a direction, instruction or notification relating to a person is issued in Civil Aviation Orders, the direction, instruction or notification, as the case may be, is taken to have been served on the person on the date on which the making of the Order is registered on the Federal Register of Legislation.
Where an aircraft possessing the nationality of a Contracting State is in Australian territory and is found to have suffered major damage or to have developed a major defect, CASA may direct that the aircraft shall not fly.
Where CASA gives a direction under this regulation, CASA shall furnish to the appropriate authority of the Contracting State a notification of the action taken by CASA and a report of the damage or defect, as the case may be.
CASA may, unless CASA considers that it would be detrimental to the safety of air navigation to do so, revoke a direction given under this regulation if the appropriate authority of the Contracting State notifies CASA that the appropriate authority:
has revoked any suspension of the certificate of airworthiness of the aircraft to which the direction relates that the appropriate authority had imposed;
considers that the damage or defect by reason of which the direction was given is not of such a nature as to prevent the aircraft from fulfilling the minimum requirements of safety adopted in pursuance of the Convention; or
considers that, in the circumstances of the case, the aircraft to which the direction relates should be permitted to fly without passengers to a place at which the necessary repairs or modifications can be made.
In revoking a direction under this regulation, CASA may give a further direction imposing such conditions on the operation of the aircraft as are notified to CASA by the appropriate authority referred to in subregulation (3).
A direction given under this regulation does not have effect in relation to a person until it has been served:
on the person; or
if the direction cannot be served on the person—by affixing the direction to the aircraft to which it relates.
A person must not fly an aircraft in contravention of a direction, or any condition imposed by a direction, given under this regulation.
Penalty: 50 penalty units.
An offence against subregulation (6) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
In this Division:
aircraft welding examination means a welding examination:
based on examination materials published by CASA in a document called ‘Aircraft Welding Examinations’ as in force from time to time; and
conducted by CASA or an authorised person.
welding training means practical and theoretical training that:
is based on Australian Standard AS 1796 as in force from time to time; and
is conducted by an organisation that carries out training in welding.
For the purposes of this Division, the types of manual welding are as follows:
type 1—gas welding;
type 2—braze welding;
type 3—manual metal arc welding;
type 4—gas tungsten arc welding;
type 5—gas metal arc welding;
type 6—plasma arc welding.
For the purposes of this Division, the parent metal groups are as follows:
group 1—aluminium alloys;
group 2—magnesium alloys;
group 3—carbon steel and low alloy steels;
group 4—corrosion and heat resisting steels;
group 5—nickel alloys;
group 6—copper‑based alloys;
group 7—titanium alloys.
Subject to subregulation (1A), a person engaged, or intending to engage, in any stage of distribution or maintenance of aircraft, aircraft components or aircraft materials may apply to CASA for a certificate of approval in respect of those activities.
A person may make an application under subregulation (1) in relation to the maintenance of an aircraft or an aeronautical product only if Part 42 of CASR does not apply to the aircraft or aeronautical product.
An application must be in writing and must:
set out the following:
a statement of the activities to be covered by the certificate, including any training or assessment in the maintenance of aircraft, aircraft components or aircraft materials that the applicant intends to conduct;
the address of the main place (if any) at which the applicant proposes to carry out those activities;
the number of appropriately qualified or experienced persons employed by the applicant who will be involved in carrying out those activities; and
have with it evidence of:
the relevant qualifications and experience of the applicant and the applicant’s employees; and
the facilities and equipment available to the applicant for the carrying out of the activities; and
the arrangements made to ensure the applicant has, and will continue to receive, information necessary for the carrying out of those activities; and
a system of quality control that satisfies the requirements of subregulation (2D); and
if maintenance of class A aircraft is an activity to be covered by the certificate—have with it a copy of the procedures manual, in which the system of quality control procedures must be set out, that the applicant proposes to use if the certificate of approval is granted.
CASA must grant the applicant a certificate of approval covering the activities to which the application relates if CASA is satisfied that the applicant is able to carry out the activities in a satisfactory manner.
In deciding whether it is satisfied as mentioned in subregulation (2A), CASA must have regard to:
the relevant qualifications and experience of the applicant and the applicant’s employees; and
the facilities and equipment available to the applicant for the carrying out of those activities; and
the arrangements made to ensure the applicant has, and will continue to receive, the information necessary for the carrying out of those activities; and
the applicant’s system of quality control; and
if the applicant is required by paragraph (2)(c) to have a procedures manual—the applicant’s procedures manual.
A certificate of approval is subject to:
a condition that each activity the certificate covers must only be carried out at a place where the facilities and equipment necessary for the proper carrying out of the activity are available to the holder of the certificate;
a condition that the activities the certificate covers must be carried out in accordance with a system of quality control that satisfies the requirements of subregulation (2D); and
if the certificate covers some or all of the following activities:
the maintenance of aircraft;
the maintenance of aircraft components;
the maintenance of aircraft materials;
a condition that each of those activities that is covered by the certificate must be carried out under the control of a person appointed by the applicant to control the activities; and
if the certificate covers training or assessment in the maintenance of aircraft, aircraft components or aircraft materials—a condition that the holder of the certificate must comply with the requirements (if any) prescribed by legislative instrument issued by CASA under regulation 30AA that apply to the holder; and
a condition that the holder of the certificate of approval must ensure that each person employed by, or working under an arrangement with, the holder receives adequate training in:
the work performed by the person for the purposes of the activities covered by the certificate; and
the use of any equipment used in connection with that work.
A system of quality control must be in writing and must contain the following:
the procedures to be followed in connection with the carrying out of the activities covered by the certificate that, in particular, includes procedures for:
the control of the work carried out under the certificate; and
the maintenance, control and calibration of equipment; and
the control of stores;
a statement:
that sets out the places at which the activities covered by the certificate are, or will be, carried out and which activities are, or will be, carried out at each place; and
that identifies any mobile facilities available to the certificate of approval holder for the carrying out of the activities covered by the certificate and which activities are, or will be, carried out using each mobile facility;
in relation to each activity covered by the certificate that is required, by paragraph (2C)(c), to be carried out under the control of a person—the name of the position occupied by the person who controls the carrying out of the activity;
a description of the applicant’s organisational structure, the responsibilities of employees within the structure and the procedures to be followed by the employees in undertaking the activities covered by the certificate;
a description of the resources for implementing quality management;
a description of the audit system applying to the system of quality control;
if the quality control system is set out in a procedures manual required under paragraph (2)(c)—a statement of the procedures to be followed in relation to the amendment of the procedures manual.
Australian Standards AS3900 to AS3904 provide guidance for the content of a system of quality control.
CASA may, for the purpose of ensuring the safety of air navigation, include in a certificate of approval granted under this regulation an endorsement that the certificate is granted subject to a condition set out in the endorsement, in a document issued with the certificate of approval or in a specified Part or Section of Civil Aviation Orders.
A person must not contravene a condition to which a certificate of approval is subject.
Penalty: 25 penalty units.
An offence against subregulation (3A) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
It is a defence to a prosecution under subregulation (3A) if the defendant had a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in subregulation (3C) (see subsection 13.3(3) of the Criminal Code).
An authorised person may, at any time, for the purpose of ascertaining whether the activities to which a certificate of approval relates are being carried on in a satisfactory manner:
inspect any aircraft, aircraft component or aircraft material;
inspect any process or systems carried on by, any records maintained by or any documents in the possession of, the holder of the certificate of approval in connection with the activities to which the certificate of approval relates;
conduct any tests that the authorised person considers necessary; and
require the holder of the certificate of approval to furnish to the authorised person such evidence as the authorised person requires:
of the qualifications and competence of the holder or of the qualifications and competence of the employees of the holder; or
of the facilities at the disposal of the holder.
The holder of a certificate of approval must give to an authorised person the evidence required under paragraph (4)(d).
Penalty: 5 penalty units.
An offence against subregulation (4A) is an offence of strict liability.
For strict liability, see section 6.1 of the Criminal Code.
An authorised person must produce his or her identity card for inspection while acting as an authorised person if asked to do so by:
the holder of the certificate of approval; or
a person:
who has control over any subject matter or thing specified in subregulation (4); or
who apparently has control over any subject matter or thing specified in subregulation (4).
Where an authorised person:
is acting as an authorised person; and
under subregulation (4), seeks to carry out an inspection, conduct a test or require evidence to be furnished or is carrying out an inspection, conducting a test or requiring evidence to be furnished; and
fails to produce his or her identity card for inspection when asked to do so;
that person:
is not authorised to carry out the inspection, conduct the test or require evidence to be furnished; and
if that person is carrying out one of those activities, must cease that activity immediately.
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