CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.195B Duration, production for inspection, suspension and cancellation of experimental certificates

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.195B

  (1)   An experimental certificate issued for the purpose of research and development, showing compliance with regulations, crew training or market surveys, continues in force:

  (a)   if a period of less than one year 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 the end of the period of one year after the date on which it was issued, or until it is cancelled, whichever occurs first.

  (2)   An experimental certificate issued for the purpose of exhibition, air racing, operating amateur - built, kit - built or light sport aircraft or private operations of prototype aircraft previously certificated under paragraph   21.191(a), (b) or (d), 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 an experimental certificate commits an offence if:

  (a)   CASA, an authorised person or a relevant approved design organisation asks the holder to make the certificate available for inspection; and

  (b)   the holder does not make the certificate available for inspection in accordance with the request.

Penalty:   50 penalty units.

  (4)   An experimental certificate for an aircraft is taken to not be in force for any period during which the aircraft is either not registered in Australia or not listed with a Part   103 ASAO.

  (4A)   For the purposes of subregulation (4), 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 an experimental certificate for an aircraft, by written notice given to its holder, if:

  (a)   any maintenance is not carried out in accordance with regulation   42CB of CAR; or

  (b)   CASA or the authorised person otherwise considers that it is necessary to do so in the interests of the safety of other airspace users and persons on the ground or water.

  (6)   A notice under subregulation   (5) 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.

  (7)   Despite anything else in this regulation, an experimental certificate 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.

  (8)   The holder of an experimental certificate commits an offence if:

  (a)   the certificate is taken to not be in force under subregulation   (4), expires or is suspended or cancelled; and

  (b)   CASA, an authorised person or a relevant approved design organisation asks the holder to surrender the certificate; and

  (c)   the holder does not surrender the certificate in accordance with the request.

Penalty:   50 penalty units.

  (9)   An offence against subregulation   (3) or (8) 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 experimental certificates.