CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.010 Exclusions in relation to particular provisions

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 90.010

  (1)   The registered operator of an aircraft may apply in writing to CASA for exclusion of the aircraft, or an aeronautical product that is part of, or used in, the aircraft, from the operation of a provision of this Part.

  (2)   On receiving an application, CASA may, in writing, exclude the aircraft or aeronautical product from the operation of the provision.

  (3)   In making a decision under subregulation   (2), CASA must:

  (a)   regard as paramount the preservation of a level of aviation safety that is at least acceptable; and

  (b)   have regard to any reasons given in the application.

  (4)   However, CASA may exclude an aircraft or aeronautical product under subregulation   (2) only if CASA is satisfied that it is not practicable for the aircraft or aeronautical product to meet the requirements of the provision.

  (5)   CASA may, in an instrument of exclusion under subregulation   (2), provide that the exclusion is subject to 1 or more conditions.

  (6)   An instrument of exclusion under subregulation   (2) applies to a particular aircraft or aeronautical product only while the registered operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the exclusion.

Note:   See regulation   201.004 for review of an exclusion decision.