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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 204
EXPLANATORY STATEMENTStatutory Rules 2000 No. 204
Issued by the authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2000 (No. 3)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
These Regulations (the amending regulations) amends the Civil Aviation Regulations 1998 (CAR 1998) and the Civil Aviation Regulations 1988 (CAR 1988) to..
* reorganise the Regulations to make them more user-friendly;
* amend provisions relating to aircraft markings, registrations and registration markings; and
* provide transitional arrangements for the amendments made in relation to aircraft markings, registrations and registration markings.
CAR 1998 were originally made in October 1998 as a result of the Government initiated and endorsed regulatory reform programme undertaken by CASA. CAR 1998 initially contained the new procedural requirements for the issue of type certificates, production certificates, airworthiness certificates, etc., set out in new regulation Part 21. The regulations also set out various airworthiness standards in Parts 23 to 35. The CAR 1998 will contain new regulations, to replace those currently contained in CAR 1988, as they are developed under the regulatory reform programme.
CAR 1988 currently contains those regulations necessary for the general regulatory control over air navigation safety pursuant to subsection 9 (1) of the Act. The Regulations within CAR 1988 are progressively being replaced by the new regulations developed under the CASA regulatory reform programme.
The Regulations:
* add a new subpart Q to Part 21 to CAR 1998 to provide for the identification of aircraft and aeronautical products consistent with the recommended practices of the International Civil Aviation Authority (ICAO) Convention and harmonise with the legislation of the Joint Aviation Administration (JAA) of the European Community, Joint Aviation Requirements (JAR) Part 21 Subpart Q. The Regulations to add the new subpart Q to part 21 are contained in Schedule 2;
* add a new part 45 to CAR 1998 and amend CAR 1988 to provide for the marking of aircraft with nationality and registration marks and the display of nationality and registration marks and registration identification plates consistent with the recommended practices of Annex 7 to the International Civil Aviation Authority (ICAO) Convention and harmonise with the legislation of the Federal Aviation Administration (FAA) of the USA in the Code of Federal Regulations (CFR's) Part 45. The Regulations to add the new part 45 to CAR 1998 are contained in Schedule 2 and the amendments to CAR 1988 are contained in Schedule 3;
* add a new part 47 to CAR 1998 to provide for the registration of aircraft consistent with the recommended practices of Annex 7 to the International Civil Aviation Authority (ICAO) Convention and harmonise with the legislation of the Federal Aviation Administration (FAA) of the USA in the Code of Federal Regulations (CFR's) Part 47. The Regulations to add the new part 47 to CAR 1998 are contained in Schedule 2;
* add a new part 4D to CAR 1988 relating to the removal of data plates and registration identification plates to correspond with the provisions required in the new parts being added to CAR 1998 during the transitional stage of regulatory changes. The Regulations to add the new part 4D to CAR 1988 are contained in Schedule 3;
* omit existing regulations contained in CAR 1988 directly relating to the marking and identification of aircraft and aeronautical products, and the registration of aircraft which are replaced by the new regulations added to CAR 1998. The Regulations to omit the existing regulations contained in CAR 1988 are contained in Schedule 3; and
* include transitional arrangements that:
* provide recognition of the current legislation, contained in Division 1 E and 2 of Part 3 of the Civil Aviation Regulations 1988 (CAR 1988), which gave power to CASA to specify the marks appropriate to the Nationality and Registration markings of an aircraft, in the CAR 1998. This transitional requirement is contained in Regulation 5;
* provide that any pending application for aircraft registration marks as well as any registration marks reserved for future use, pursuant to CAR 1988 and before the commencement of Part 45, will have effect as if they were made under Part 45. This transitional requirement is contained in Regulation 7; and
* provide that any pending application for registration of an aircraft pursuant to CAR 1988 and before the commencement of Part 47, will have effect as if they were made under Part 47. These transitional requirements are contained in Regulations 6, 7 and 8.
Details of the amending Regulations are attached.
Regulations 1 to 3 and Schedule 1 commenced on Gazettal.
Regulations 4 to 8 and Schedules 2 and 3 commence on 1 October 2000.
ATTACHMENT
Civil Aviation Amendment Regulations 2000 (NO 3)
DETAILS OF THE PROPOSED AMENDING REGULATIONS
Regulation 1-Name of Regulations
Regulation 1 names the amending regulations as the Civil Aviation Amendment Regulations 2000 (No. 3)
Regulation 2-Commencement
Regulation 2 provides that:
(a) regulations 1, 2 and 3 and Schedule 1 commence on gazettal.
(b) regulations 4, 5, 6, 7 and 8, and Schedules 2 and 3 commence on 1 October 2000
Regulation 3-Amendment of Civil Aviation Regulations 1998 commencing on gazettal
Regulation 3 provides that Schedule 1 amends the Civil Aviation Regulations 1998.
Regulation 4-Amendment of Civil Aviation Regulations 1988 and Civil Aviation Regulations 1988 commencing on 1 October 2000.
Regulation 4 provides that:
(1) Schedule 2 amends the Civil Aviation Regulations 1998
(2) Schedule 3 amends the Civil Aviation Regulations 1988
Regulation 5 Transitional - Australian aircraft marked in accordance with CAR 1988
Regulation 5 provides that despite new Part 45 of CAR 1998 (Schedule 2, Item 7), an Australian aircraft registered before the commencement of this regulation need not bear markings that comply with Part 45 until it is repainted, provided the aircraft bears marks in accordance with Division 7 of Part 3 of CAR 1988.
Regulation 6 Transitional - aircraft registered under CAR 1988
Regulation 6 provides that:
(1) an aircraft currently registered under CAR 1988, before commencement of proposed Part 47 (Schedule 2, Item 7), is considered to be registered under Part 47;
(2) an aircraft registration may be cancelled under Part 47;
(3) if the registration under CAR 1988 was for a particular period, then the registration remains in force for that period;
(4) the certificate of registration (or copy) issued under CAR 1988 is taken to be a certificate of registration, or copy, for the purposes of Part 47; and
(5) the person holding the aircraft's certificate of registration immediately before the regulation commences is taken, for CAR 1998, to be the aircraft's registration holder.
Regulation 7 Transitional - application for registration of an aircraft pending immediately before commencement of part 47
Regulation 7 provides that this regulation applies:
(1) if an application for registration is pending under CAR 1988 immediately prior to the commencement of this regulation, and the application is in accordance with Division 2 of Part 3 of CAR 1988;
(2) then the application is taken to be an application for the registration of the aircraft on the commencement of Part 47.
Regulation 8 Transitional - registration marks reserved for assignment under CAR 1988
Regulation 8 provides that this regulation applies:
(1) if, before the commencement of this regulation CASA had reserved a group of symbols for assignment to an aircraft as its registration marks and had given written notice of the reservation to the person who requested it, then
(2) CASA is taken, for Part 47 of CAR 1998, to have assigned the group of symbols.
SCHEDULE 1 - Amendments of Civil Aviation Regulations 1998 commencing on gazettal
Item 1
This item inserts at the beginning of Part 1 of the principal Regulations a regulation containing a 'local table of provisions' for that Part.
Item 2
This item replaces an existing provision that gives effect to the Dictionary. It is made necessary by Item 3 following.
Item 3
This item omits existing regulation 1.5. The present regulation 1.5 is substantively a definition and should originally have been placed in the Dictionary with other definitions.
Item 4
This item inserts 2 placeholder Parts (that is, Parts that consist only of a heading) in the Regulations. Each placeholder Part contains a note to the effect that the Part is reserved for later use. The purpose is that a problem can arise with the insertion of new Parts that commence some time after the making of the relevant amending regulations. The presence of placeholder Part headings will mean that when a new Part is to be inserted it can be simply substituted for the appropriate placeholder Part.
Items 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16
These items insert local tables of provisions for Parts 21, 22, 23, 25, 26, 27, 29, 31, 32, 33, 35 and 39 respectively.
Item 17
Item 17 inserts another group of 36 placeholder Parts.
Item 18
Item 18 inserts a new Subpart heading in Part 200 and a local table of provisions for that Part.
Items 19 and 20
Items 19 and 20 substitute Subpart headings for the existing headings to Divisions 1 and 2 of Part 200, for the sake of consistency with the remainder of the Regulations.
Items 21 and 22
Items 21 and 22 insert local tables of provisions in Parts 201 and 202 respectively.
Item 23
Item 23 inserts a new Part heading at the beginning of the Dictionary to divide the Dictionary into two parts. Part 1 will then contain the present definitions; Part 2 will contain provisions that are in effect definitions but do not conveniently go into that form.
Items 24 and 25
Items 24 and 25 make consequential amendments necessary because of the omission of regulation 1.5 and the amendment to be made by the following Item (26).
Item 26
Item 26 creates Part 2 of the Dictionary and inserts in it the definition that was formerly in regulation 1.5 and a definition of 'classes' of aircraft.
SCHEDULE 2 - Amendments of Civil Aviation Regulations 1998 commencing on 1 October 2000
Item 1
Item 1 inserts new heading for the aircraft manufacturer's data plate.
Item 2
Item 2 inserts the local table of provisions (Regulation 21.0) for Subpart Q.
Item 3
Item 3 omits reference to the holder of the certificate of registration and inserts reference to registration holder.
Item 4
Item 4 inserts a new regulation 21.182 after regulation 21.181 which provides for an aircraft manufacturer's data plate.
Item 5
Item 5 changes the description/definition of the holder of the certificate of registration to registration holder.
Item 6
Item 6 inserts into Part 21, new Subpart Q, Identification of aircraft and aeronautical products.
New regulation 21.805 - Applicability of this Subpart
Provides that Subpart Q applies to an aircraft, aircraft engine, aircraft propeller, critical part or other aircraft part manufactured after the Subpart commences
New regulation 21.810 - Meaning of fireproof
This regulation provides a meaning of fireproof where reference is made to a fireproof manufacturer's data plate.
New regulation 21.815 - Applicability of this Division
This regulation provides that Division 2 applies to an aircraft or an aircraft engine or aircraft propeller manufactured after the Subpart commences.
New regulation 21.820 - Manufacturer's data plate must be attached to aircraft
This regulation sets out the requirements for attaching a manufacturers data plate to an aircraft to which the Division applies.
New regulation 21.825 - Manufacturer's data plate must be attached to basket of manned free balloon
This regulation sets out the additional requirements for attaching a manufacturer's data plate to the basket of a manned free balloon to which this Division applies.
New regulation 21.830 - Heater assembly of manned balloon must carry identification mark
This regulation applies to a manned balloon that has a heater assembly and requires the holder of the type certificate to. mark on the heater assembly, by a fireproof method, details of the manufacturer, part number and serial number.
New regulation 21.835 - Manufacturer's data plate must be attached to aircraft engine
This regulation sets out the requirements for attaching a manufacturer's data plate to an aircraft engine to which the Division applies.
New regulation 21.840 - Aircraft propellers, blades and hubs must carry identification
This regulation sets out the requirements to mark information, or attach a manufacturer's data plate to and aircraft propeller, propeller blade or propeller hub to which the Division applies.
New regulation 21.845 - Applicability of this Division
This regulation provides for the application of Division 3 to critical parts manufactured after the commencement of this Subpart.
New regulation 21.860 - Identification of critical parts
This regulation requires the Australian manufacturer of a critical part to legibly and permanently mark the part's number and serial number on the part.
New regulation 21.855 - Removal or alteration of identification on critical parts
This regulation ensures that no person may remove or alter any information marked on a critical part unless written approval is obtained from CASA.
New regulation 21.860 - Applicability of this Division
This regulation provides for the application of Division 4 to an aircraft part produced under an Australian Parts Manufacturing Approval (APMA) after the commencement of this Subpart Q.
New regulation 21.865 - Identification of parts
This regulation requires the holder of the APMA to legibly and permanently mark on the part the letters APMA, the trade mark, name of holder, the part number, and serial number.
New regulation 21.870 - Exemption from obligation to mark
This regulation applies to a part if CASA and the holder of the APMA agree it is impracticable to mark the information required on the part.
Item 7
Item 7 substitutes for Parts 45 and 47 a new Part 45, Display of nationality and registration marks and aircraft registration identification plates and a new Part 47, Registration of aircraft and related matters.
Part 45 - Display of nationality and registration marks and aircraft registration identification plates
Part 45, Subpart A - General
New regulation 45.000 - Make-up of this Part
This regulation inserts the local table of provisions for Part 45.
New regulation 45.005 - Applicability of this Part
This regulation sets out that Part 45 deals mainly with the nationality and registration marks of Australian aircraft, the display of the marks and the display of aircraft registration plates on Australian aircraft and the display of nationality and registration marks on foreign aircraft.
Part 45, Subpart B - Australian nationality and registration markings New regulation 45.010 - Applicability of this Subpart
This regulation states that Subpart B applies to all Australian aircraft.
New regulation 46.015 - Australian nationality mark
This regulation states the Australian nationality mark is VH.
New regulation 45.020 - Registration mark
This regulation provides that the registration mark of all Australian aircraft is a group of characters assigned to the aircraft under Subpart C of Part 47
New regulation 46.025 - Meaning of markings and set of markings
This regulation provides that if an aircraft is registered by CASA the letters W and the aircraft's registration mark is connected by a hyphen, and if the aircraft was registered by a registration agent, the aircraft's registration mark. A set of markings is an instance of the aircraft's markings.
New regulation 46.030 - Meaning of character
This regulation gives a meaning for character as used in the Subpart as that which includes a letter and a digit, but does not include a hyphen.
New regulation 45.035 - Requirement for aircraft to bear its markings
This regulation requires that an Australian aircraft must bear as many sets of its markings as required by other relevant regulations with respect to the places on the aircraft, and the sets of markings and characters, except as allowed otherwise by Division 2.
New regulation 45.040 - Markings not to be obscured
This regulation requires that a set of markings must be in a position where it will not be obscured by a moveable surface of the aircraft.
New regulation 45.045 - Number and location of sets of markings - fixed-wing aircraft
This regulation requires that 3 sets of markings must be displayed on a fixed-wing aircraft and gives the places the markings are to be displayed.
New regulation 46.050 - Number and location of sets of markings - rotorcraft
This regulation requires that there must be 1 set of markings on each side of the cabin, fuselage, boom or tail of the rotorcraft.
New regulation 45.055 - Number and location of sets of markings - airships
This regulation requires the markings on an airship to be on either its hull or its stabilisers and provides the positioning of the markings for either the hull or stabiliser.
New regulation 45.060 - Number and location of sets of markings - manned balloons
This regulation requires 2 sets of markings on a balloon and provides the positions of such markings.
New regulation 45.065 - Minimum height of characters
This regulation sets out the minimum height of the characters in a set of markings
New regulation 45.070 - Minimum width of characters
This regulation sets out that the width of a character must be equal to 213rd of its height, except the letter 1 and the digit 1 whose width must be equal to 11C the height and the letters M and W width may be equal to the height. This regulation also specifies a character must be made up of solid lines that are 116 th as thick as the character is high.
New regulation 45.075 - Size of hyphens
This regulation requires a hyphen must be 116 th the height of the characters in the set and the width must be equal to 4 times its height.
New regulation 45.080 - Minimum spacing of characters
This regulation requires the space between any 2 adjacent characters to be at least 116 1h of their height and the space between a hyphen and character to be at least 116 th the height of the character.
New regulation 45.085 - How markings to be marked on aircraft
This regulation requires markings to be painted on, or fixed such as it is permanent as painting, be legible, have no ornamentation and be of a colour that clearly contrasts with the background.
New regulation 45.090 - No confusing markings to be on aircraft
This regulation states that no person can place on the aircraft a design, mark or symbol that modifies or creates confusion for other markings, without the written approval of CASA. A fine of 20 penalty units is imposed for non compliance with subregulations (1), (2) or (4).
New regulation 45.095 - Exhibition aircraft
This regulation provides the meaning of 'exhibition', and provides an exemption from certain marking requirements as applied to an Australian aircraft if it is intended to use the aircraft for exhibition and the markings would be inconsistent with its use for that purpose.
New regulation 45.100 - Antique, experimental and ex-military aircraft
This regulation provides certain exemptions from relevant aircraft marking requirements of Part 45 for aircraft of which the prototype was built 45 years ago or more, or an aircraft that has an experimental certificate in force, or an aircraft which has a special certificate of airworthiness in force.
New regulation 45.105 - Aircraft with special configuration
This regulation provides mechanisms for exemption from certain aircraft marking requirements and applies to aircraft of a particular configuration which makes it impossible to place the markings in accordance with Part 45.
New regulation 45.110 - Australian aircraft used by Defence Force
This regulation permits the removal or the covering of the markings to an aircraft if it is being used by the Defence Force..
New regulation 45.115 - Removal of markings from sold aircraft
This regulation requires the removal of the markings from an aircraft being sold before it is delivered to the purchaser, depending on who it is sold to. A fine of 20 penalty units applies if a person fails to meet this requirement.
Part 46, Subpart C - Certain aircraft to bear words
New regulation 45.120 - Applicability of this Subpart
This regulation provides that Subpart C applies to limited category aircraft and a restricted category aircraft for which a provisional certificate of airworthiness, or experimental certificate is in force.
New regulation 45.125 - Requirement to bear certain words
This regulation requires the word LIMITED, or RESTRICTED, or PROVISIONAL, or EXPERIMENTAL to be displayed in a prominent position on the aircraft and provides the size and location on the aircraft where the words are to be displayed and the cases in which each is displayed and the penalties that apply for not complying with ~ the requirement.
New regulation 45.130 - Exemption for exhibition aircraft
This regulation which applies to aircraft that are to be operated for an exhibition and where it would be inconsistent to display the word required in 45.125, gives an exemption from displaying the word in the circumstances as listed and prescribes the mechanism for seeking exemption.
Part 45, Subpart D - Aircraft registration identification plates
New regulation 45.135 - Applicability of this Subpart
This Subpart relates to aircraft registration identification plates and applies to all Australian aircraft.
New regulation 45.140 - What an aircraft registration identification plate is
This regulation provides the definition of an aircraft registration identification plate as that made of fireproof material on which is marked (by etching, stamping, engraving, or other approved method) the aircraft's registration markings VH (which are the Australian nationality mark), a hyphen and the set of characters (which are the aircraft's registered mark). This regulation also provides an explanation of what constitutes fireproof material for the identification plate.
New regulation 45.145 - Aircraft must carry aircraft registration identification plate
This regulation requires that a person must not allow an aircraft to be operated unless the aircraft registration identification plate is attached and imposes a penalty of 50 penalty units if this is not complied with.
New regulation 45.150 - How and where aircraft registration identification plate is to be attached to aircraft
This regulation specifies where a registration identification plate must be attached to an aircraft and that the plate must be attached such that it cannot be defaced or become detached from the aircraft. The regulation also provides for CASA to give a direction where a plate is to be attached if the aircraft's registration holder applies in writing or if the aircraft configuration is such that the plate cannot be attached in accordance with the regulation.
New regulation 45.155 - Removal or alteration of aircraft registration identification plates
This regulation states that a person must not remove or alter any of the aircraft's markings or registration identification plate markings without written approval from CASA and imposes a penalty of 20 penalty units if the regulation is not complied with.
New regulation 45.160 - Attachment of aircraft registration identification plate from another aircraft
This regulation specifies that a person must not attach to an aircraft an aircraft registration identification plate that displays the markings of another aircraft or fictitious markings and imposes a penalty of 50 penalty units if the regulation is not complied with.
Part 45, Subpart E - Marks on foreign registered aircraft operating in Australian territory
New regulation 45.165 - Applicability of this Subpart
This regulation provides for Subpart E which applies to the marks on foreign registered aircraft operating in Australian territory.
New regulation 45.170 - Marks to be on foreign registered aircraft in Australian territory
This regulation specifies that a person must not operate a foreign registered aircraft in Australian territory unless the aircraft bears its nationality and registration marks in accordance with the law of the country in which it is registered and imposes a penalty of 50 penalty units if the regulation is not complied with.
Part 47 - Registration of aircraft and related matters Subpart A - General
New regulation 47.000 - Make-up of this Part
This regulation inserts the local table of provisions for Part 47.
New regulation 47.006 - Applicability of this Part
This regulation sets out the applicability of the Part on how aircraft are registered, how registration marks are assigned to the aircraft, how dealer's marks are assigned, prescribes cases where an aircraft is not required to be registered and allows appointment of registration agents to register particular kinds of aircraft on CASA's behalf.
Part 47, Subpart B - The Civil Aircraft register New regulation 47.010 - Civil Aircraft Register
This regulation provides for the continuation of the register mentioned in regulation 8 of CAR 1988, requires CASA to keep the register, states entries made under part 3 of CAR 1988 form part of the register, and entries made by an agent are considered to form part of the register.
New regulation 47.015 - Register to be accessible to public
This regulation requires CASA to make the register available for inspection by members of the public at reasonable times and places, and subject to reasonable conditions. This regulation also provides for CASA to make the register accessible on the Internet.
New regulation 47.020 - Alteration or correction of register
This regulation permits CASA to alter information not up to date or if there is an error in the entry. This regulation also applies to a registration agent.
Part 47, Subpart C - Assignment of registration marks to aircraft
New regulation 47.025 - Requests for assignment of registration marks to aircraft
This regulation permits an aircraft owner or agent to ask CASA to assign a registration mark to the aircraft before applying for the registration of the. aircraft and states the conditions/requirements for such a request.
New regulation 47.030 - Assignment of registration marks
This regulation requires CASA to assign a registration mark when requested and stipulates the lapsing of the assignment if the aircraft has not been registered within 12 months.
New regulation 47.035 - Assignment of registration mark to aircraft if no request made before application for registration
This regulation requires CASA, or a registration agent to assign a registration mark to an aircraft before registering the aircraft, if the registration mark has not been already assigned to an aircraft when an application is received from a person for the registration.
New regulation 47.040 - What registration marks may be assigned
This regulation specifies and lists what registration marks must not be assigned to an aircraft and specifies the characters in a registration mark must be either capital letters in Latin alphabet, or Arabic numerals.
Part 47, Subpart D - Registration of aircraft
New regulation 47.045 - Meaning of owner for this Subpart
This regulation defines owner of an aircraft as that person responsible for its maintenance and airworthiness.
New regulation 47.050 - Applying for registration
This regulation explains who may apply for the registration of an aircraft, to whom the application is to be made, how an application is to be made (oral or written), what information is required in the application and a declaration signed by the person making the application.
New regulation 47.055 - Information and documents required for registration
This regulation specifies the particular information required by CASA for an application for an aircraft registration.
New regulation 47.060 - Confirmation of oral application
This regulation requires that a person who made an oral application must send to CASA a written confirmation of the application within 14 days after the application was made.
New regulation 47.065 - CASA may ask for further information
This regulation permits CASA to ask the owner for further information in writing or a document if reasonably required to assist CASA to consider the registration application.
New regulation 47.070 - Registration of aircraft
This regulation provides that CASA must register an aircraft if certain listed requirements have been met. The regulation requires CASA to enter the necessary information in the Civil Aircraft Register and register an aircraft for a particular period of time, if appropriate.
New regulation 47.075 - Interim certificate of registration
This regulation provides for CASA to register an aircraft on the basis of an oral application using an interim certificate of registration for the aircraft.
New regulation 47.080 - Issue of certificate of registration
This regulation requires CASA to give to the registration holder the certificate of registration for the aircraft. The certificate must specify the day on which the registration ends if registration is for a particular period.
New regulation 47.085 - Certificate of registration to be carried on board
This regulation requires the registration holder to ensure the aircraft's certificate of registration is carried on board the aircraft.
New regulation 47.090 - Notice of error or change in information in Register
This regulation requires the registration holder to notify CASA in writing within 14 days of finding out if anything in the Register is incorrect.
New regulation 47.096 - Replacement certificate of registration
This regulation requires CASA to give to the registration holder another certificate of registration if the certificate contains incorrect information due to a change to the register. The registration holder must return the old certificate to CASA within 14 days.
New regulation 47.100 - Loss etc of certificate of registration
This regulation provides for CASA to give the registration holder a copy of the certificate if the certificate previously given by CASA has been lost, stolen or destroyed or is damaged such that the information is ineligible.
New regulation 47.105 - Cancellation of registration
This regulation requires CASA to cancel the registration of an aircraft if particular listed requirements are met.
New regulation 47.110 - Return of certificate of registration
This regulation requires the registration holder to send the certificate back to CASA within 60 days if the registration of an aircraft has ended, or has been cancelled. The registration holder must also provide CASA with a statutory declaration if the certificate has been destroyed or lost.
New regulation 47.115 - Service of notices
This regulation provides the correct serving of notices by CASA or registration agent and provides who the notice must be served against and how the notice may be served.
Part 47, Subpart E - Dealer's marks
New regulation 47.120 - Meaning of aircraft dealer for this Subpart
This regulation describes an aircraft dealer to include a manufacturer or distributor of aircraft.
New regulation 47.125 - Assignment of dealer's marks
This regulation provides for a written application by a dealer for a mark or marks to be assigned to the dealer. CASA must assign the marks applied for if the application complies with the prescribed requirements and the dealer is at least 18 years of age.
New regulation 47.130 - What marks may be assigned to dealers
This regulations requires the marks to be assigned to a dealer to be marks that could be assigned to an aircraft.
New regulation 47.136 - Register of dealer's marks
This regulation requires CASA to keep a register of marks and to enter particular information in the register.
New regulation 47.140 - How long assignment to dealer remains in effect
This regulation provides that the assignment of dealer's marks has effect until revoked by CASA.
New regulation 47.146 - Certificate of assignment of dealer's mark
This regulation requires CASA to give the dealer a certificate stating the mark assigned to the dealer.
New regulation 47.150 - Loss of certificate of assignment of dealer's mark
This regulation provides for CASA to give the dealer a copy of the certificate if the original certificate has been lost, destroyed or is damaged that the information is no longer legible. If the certificate is damaged, then the dealer must return the certificate to CASA.
New regulation 47.155 - Dealer's plate
This regulation requires CASA to give to the dealer, when marks are assigned, a fireproof plate bearing the mark. The dealer is to ensure the plate is carried on board the aircraft being operated and imposes a penalty of 30 penalty units if not complied with. The regulation requires if the aircraft is sold, then the dealer must remove the plate before change of possession and imposes a penalty of 30 penalty units if not complied with.
New regulation 47.160 - Use of dealer's marks
This regulation requires the dealer only to use the marks assigned to the aircraft manufactured or distributed by the dealer. The mark can only be used on one aircraft at a time. The dealer must keep records of use and retain the records for 12 months after the period of use. A penalty of 30 penalty units is imposed on a dealer who contravenes the regulations.
New regulation 47.165 - Annual report to CASA on aircraft using dealer's marks
This regulation requires the dealer to submit to CASA within one month after the end of the reporting period, a report listing all aircraft on which the mark was used during the previous 12 month period and imposes a penalty of 30 penalty unit if not complied with.
New regulation 47.170 - Revocation of assignment of dealer's mark et c
This regulation requires CASA to revoke the assignment of a dealer's mark if the dealer asks CASA to do so, or if the dealer fails to comply with regulation 47.165. The regulation requires the dealer to return the certificate of assignment within 7 days after receiving the notification and imposes a penalty of 20 penalty units if not complied with.
Part 47, Supart F -. Exemption from registration
New regulation 47.175 - Aircraft not required to be registered
This regulation lists those types of aircraft, or conditions that applies to aircraft, for aircraft that need not be registered.
Part 47, Subpart G - Registration agents
New regulation 47.180 - Authorisation of registration agent
This regulation states that CASA may authorise, subject to conditions, a recreational aviation administration organisation to register aircraft of a particular kind.
New regulation 47.185 - Failure of registration agent to comply with this Part
This regulation states that a failure by a registration agent to comply with a requirement of the Part is not an offence, however such is relevant for CASA to revoke the authorisation.
Item 8
This item amends regulation 201.4(d) by adding a semi-colon and the word 'or' after 39.6.
Item 9
This item inserts after paragraph 201.4(d) new paragraphs (e) to (m) regarding review of decisions for those new provisions made by these regulations.
Item 10
This item inserts new definitions in the appropriate alphabetical positions in the Dictionary, Part 1, as a result of the new provisions made by these regulations.
Item 11
This item substitutes a new definition for certificate of registration in the Dictionary, Part 1
SCHEDULE 3 - Amendments of Civil Aviation Regulations 1988 commencing on 1 October 2000
Item 1
This item omits subregulation 2(1), definition of entitled person which is now replaced by the definition of registered owner in the CAR 1998 dictionary.
Item 2
This item omits subregulation 2(1), definition of nationality mark and inserts this information in the replacement regulations contained in CAR 1998.
Item 3
This item omits subregulation 2(1), definition of registered and inserts this information in the replacement regulations contained in CAR 1998.
Item 4
This item omits Part 3, Divisions 1, 2, 3, 4 and 5 which relate to the application and issue processes for aircraft registration because this is now inserted in the replacement regulations contained in CAR 1998.
Item 5
This item omits subregulations 15(1) and (2) which relate to the nationality of the aircraft and now inserts this information in the replacement regulations contained in CAR 1998.
Item 6
This item omits Part 3, Division 7 which relates to the marking of aircraft with the nationality and registration marks because this information has now been inserted into the replacement regulations contained in CAR 1998.
Item 7
This item inserts after existing Part 4C a new Part 4D entitled Removal of data plates and registration identification plates.
New regulation 66 - Definitions for this Part
This regulation provides a meaning for the manufacturer's data plate as that plate fitted under Division 2 of Subpart Q of Part 21 of CAR 1998.
New regulation 57 - Removal or alteration of manufacturer's data plate
This regulation specifies that a person must not, without CASA's written approval, remove a manufacturer's data plate that has been attached to the aircraft, engine, propeller, blade or hub and imposes a penalty of 20 penalty units if not complied with. This regulation also states a person may not alter any information on a data plate without CASA written approval and imposes a penalty of 20 penalty units if contravened.
New regulation 58 - Removal or alteration of identification from heater assembly of manned balloon or propeller
This regulation states a person may not remove or alter any information marked on the heater assembly of a manned balloon or an aircraft propeller, propeller blade, or propeller hub without CASA written approval and imposes a penalty of 20 penalty units if contravened.
New regulation 59 - Transfer of manufacturer's data plate to another aircraft etc prohibited
This regulation states a person must not attach a manufacturer's data plate to an aircraft, aircraft engine, aircraft propeller, propeller blade, propeller hub if it bears the information of another aircraft, engine, propeller, blade or hub and imposes a penalty of 50 penalty units if contravened. This regulation also states a person must not mark on a propeller, blade or hub the information about another propeller, hub, or blade and imposes a penalty of 50 penalty units if contravened. A person who marks on a balloon heater information about another balloon heater is guilty of an offence of 50 penalty units.
New regulation 60 - Removal of manufacturer's data plates
This regulation provides for the removal of the manufacturer's data plate during maintenance provided the maintenance is conducted in accordance with an approved method, technique or practice. This regulation requires a person who removes the data plate must reattach the plate and imposes a penalty of 50 penalty units if contravened.
New regulation 61 - Removal of aircraft registration identification plates
This regulation provides for the removal of the aircraft's registration identification plate during maintenance- provided the maintenance is conducted in accordance with an approved method, technique or practice. This regulation requires a person who removes the identification plate must reattach the plate and imposes a penalty of 50 penalty units if contravened.
Item 8
This item omits reference to Part 3 of the CAR 1988 relating to aircraft nationality and registration marking from paragraph 133 (1) (a) and inserts a new reference to Part 45 of CAR 1998 which now replaces the regulations previously contained in the CAR 1988.
Item 9
This item omits reference to the holder of the certificate of registration from subregulation 231 (2) of CAR 1988 and inserts reference to the registration holder which is now defined under the new replacement Part 45 of CAR 1998.
Item 10
This item omits subregulation 262AL (6) relating to the requirement for displaying the word RESTRICTED from CAR 1988 which is now reflected in the new replacement regulations in CAR 1998.
Item 11
This item omits subregulation 262AM (9) relating to the requirement to display the word LIMITED from CAR 1988 which is now reflected in the new replacement regulations contained in CAR 1998.
Item 12
This item omits subregulation 262A0 (12) relating to the requirement to display the word PROVISIONAL from CAR 1988 which is now reflected in the new replacement regulations contained in CAR 1998.
Item 13
This item omits subregulation 262AP (10) relating to the requirement to display the word EXPERIMENTAL from CAR 1988 which is now reflected in the new replacement regulations contained in CAR 1998.
Item 14
This item omits regulation 307 from CAR 1988 which relates to the colouring of certain aircraft because this is now reflected in the new replacement regulations contained in CAR 1998.