CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.181 Duration of certain certificates of airworthiness
CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.181
Duration of certain certificates of airworthiness"certificate of airworthiness" does not include a provisional certificate of airworthiness or an experimental certificate.
(2) A certificate of airworthiness continues in force:
(a) if a period is specified in the certificate--until the end of the period or until it is cancelled, whichever occurs first; or
(b) in any other case--until it is cancelled.
(3) The holder of a certificate of airworthiness must, on request by CASA or an authorised person, make it available for inspection by CASA or the authorised person.
(4) A certificate of airworthiness is taken to not be in force for any period during which:
(a) the aircraft is either not registered in Australia or not listed with a Part 103 ASAO; or
(b) any type certificate or type acceptance certificate for the type of aircraft concerned is not in force; or
(c) in the case of a certificate of airworthiness issued for a light sport aircraft covered by regulation 21.186, the aircraft is modified and the modification:
(i) is not authorised by the manufacturer; or
(ii) if the manufacturer was no longer existing at the time of the modification or could not have authorised the modification at that time--is not authorised by an authorised person to perform the functions of the manufacturer in relation to the continuing airworthiness of the light sport aircraft; or
(iii) does not comply with the LSA standards.
(4A) For the purposes of subregulation (4), if the certificate of airworthiness was issued for a specified period, the period during which the certificate is taken to not be in force counts as part of the period for which the certificate was issued.
(5) CASA or an authorised person may suspend or cancel a certificate of airworthiness for an aircraft that is being used in scheduled air transport operations, by written notice given to its holder, if:
(a) for an aircraft to which Part 42 applies--any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or
(aa) for an aircraft to which Part 42 does not apply--any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or
(b) the aircraft type ceases to be supported by the type certificate holder, the national aviation authority of the country in which the aircraft's original type certificate was issued or the national aviation authority of a Contracting State, with respect to:
(i) collecting and investigating information on defects; or
(ii) reporting defects to the national aviation authority of the country of original type certification; or
(iii) keeping type records; or
(iv) producing and maintaining manuals; or
(v) issuing instructions for continuing airworthiness; or
(c) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.
(6) CASA or an authorised person may suspend or cancel a certificate of airworthiness for an Australian aircraft not covered by subregulation (5), by written notice given to its holder, if:
(a) for an aircraft to which Part 42 applies--any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or
(aa) for an aircraft to which Part 42 does not apply--any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or
(b) CASA or the authorised person otherwise considers that it is necessary to do so in the interests of aviation safety.
(7) A notice under subregulation (5) or (6) must set out:
(a) the grounds for the suspension or cancellation; and
(b) in the case of a suspension--when the suspension stops having effect.
(8) Despite anything else in this regulation, a certificate of airworthiness is not in force during any period of suspension, but, if the certificate was issued for a specified period, the period of suspension counts as part of the period for which the certificate was issued.
(9) The holder of a certificate of airworthiness that is taken to not be in force under subregulation (4), expires, or is suspended or cancelled, must, at the written request of CASA or an authorised person, surrender the certificate to CASA or the authorised person.
(10) An offence against subregulation (3) or (9) is an offence of strict liability.
Note 1: For strict liability , see section 6.1 of the Criminal Code .
Source FARs section 21.181 modified.
Note 2: See also regulations 21.002C and 21.002E in relation to
suspension and cancellation of certificates of airworthiness.