Commonwealth Consolidated Regulations

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CIVIL AVIATION REGULATIONS 1988 - REG 2

Interpretation

             (1)  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:

                     (a)  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

                     (b)  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:

                     (a)  an aircraft log book; or

                     (b)  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:

                     (a)  the aircraft is certificated as a transport category aircraft;

                     (b)  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.

Note:          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:

                     (a)  if the aircraft is maintained in accordance with the CASA maintenance schedule--the inspection referred to in Part 1 of the schedule; and

                     (b)  if the aircraft is not maintained in accordance with the CASA maintenance schedule--the inspection required to be carried out under:

                              (i)  the manufacturer's maintenance schedule; or

                             (ii)  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:

                     (a)  the aircraft's main control surfaces and associated operating mechanisms and control systems; and

                     (b)  the aircraft's lift and drag devices and associated operating mechanisms and control systems; and

                     (c)  the aircraft's trim and artificial feel systems and associated operating mechanisms and control systems; and

                     (d)  the aircraft's flight control lock system and associated operating mechanisms and control systems; and

                     (e)  the aircraft's yaw system and associated operating mechanisms and control systems; and

                      (f)  if the aircraft is a rotorcraft--the aircraft's pitch control systems; and

                     (g)  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:

                     (a)  appointed under regulation 42ZV; and

                     (b)  whose appointment:

                              (i)  is approved under regulation 42ZW; and

                             (ii)  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:

                     (a)  CASA or an authorised person in writing under regulation 38; or

                     (b)  the manufacturer of an aircraft, aircraft component or aircraft material; or

                     (c)  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:

                     (a)  is tethered; and

                     (b)  is not occupied by any person.

"operating crew " means a crew member.

"permissible unserviceability " , for an aircraft, means:

                     (a)  a defect in the aircraft approved by CASA as a permissible unserviceability under regulation 37; or

                     (b)  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.

Note 1:       For definitions of flight simulator and flight training device , see the CASR Dictionary.

Note 2:       Standards for flight simulators and flight training devices are set out in the document called 'Manual of Standards (MOS) - Part 60' published by CASA.

Note 3:       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:

                     (a)  the manufacturer of the component; or

                     (b)  if the component has been modified--the designer of the modification; or

                     (c)  CASA;

has instructed must be retired or overhauled or removed from an aircraft within a particular period.

             (2)  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.

          (2A)   A reference in these Regulations to maintenance on an aircraft includes a reference to maintenance on aircraft components and aircraft materials.

          (2B)   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).

          (2C)   For the purposes of these Regulations, an aircraft is certificated as a transport category aircraft if:

                     (a)  there is a certificate of airworthiness in force in relation to the aircraft; and

                     (b)  the certificate includes a statement to the effect that the certificate is issued in the transport category.

          (2D)   For the purposes of CAR, the categories of maintenance are as follows:

                     (a)  maintenance on aircraft airframes;

                     (b)  maintenance on aircraft engines;

                     (c)  maintenance on aircraft radio systems;

                     (d)  maintenance on aircraft electrical systems;

                     (e)  maintenance on aircraft instruments.

             (9)   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.



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