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CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 202.900

Manual of Standards for Part 172

             (1)  A document called 'Manual of Standards (MOS) - Part 172' published by CASA before 1 May 2003 is taken to be a Manual of Standards issued under regulation 172.022.

             (2)  The procedures in regulations 172.022A, 172.022B and 172.022C (as in force on 1 May 2003) are taken to have been complied with in relation to the issue of the Manual of Standards.


Subpart 202.HC -- Transitional provisions for Part 173 (Instrument flight procedure design)

Note 1:       This Subpart heading is reserved for future use.

Note 2:       Regulation numbers 202.920 to 202.939 are reserved for use in this Subpart.

   


Subpart 202.HD -- Transitional provisions for Part 174 (Aviation meteorological services)

Note 1:       This Subpart heading is reserved for future use.

Note 2:       Regulation numbers 202.940 to 202.959 are reserved for use in this Subpart.

   


Subpart 202.HE -- Transitional provisions for Part 175 (Aeronautical information management)

   


Subpart 202.HL -- Transitional provisions for Part 200 (Exemptions)

Note 1:       This Subpart heading is reserved for future use.

Note 2:       Regulation numbers 202.980 to 202.989 are reserved for use in this Subpart.

   


Subpart 202.HM -- Transitional provisions for Part 201 (Miscellaneous)

Note 1:       This Subpart heading is reserved for future use.

Note 2:       Regulation numbers 202.990 to 202.999 are reserved for use in this Subpart.

   


Dictionary  

(regulation 1.4)

2D instrument approach operation means an instrument approach operation using lateral navigation guidance only.

3D instrument approach operation means an instrument approach operation using lateral and vertical navigation guidance.

"ABN (Australian Business Number)" has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 .

"accountable manager" , of an ASAO, means the individual appointed by the ASAO who is responsible for:

                     (a)  ensuring that the ASAO and the ASAO's organisation comply with the ASAO's exposition and the civil aviation legislation; and

                     (b)  ensuring that the ASAO is able to finance, and has adequate resources to perform, the ASAO's approved functions.

"accreditation" means an accreditation under Division 101.FA.3 of either of the following kinds:

                     (a)  an accreditation authorising the holder to operate excluded RPA, micro RPA and model aircraft;

                     (b)  an accreditation authorising the holder to operate model aircraft.

"accreditation holder" : see regulation 101.374H.

"ACN" has the same meaning as in the Corporations Act 2001 .

"Act" means the Civil Aviation Act 1988 .

"administering authority" , for a limited category aircraft: see regulation 132.010.

"adventure flight" , for a limited category aircraft: see regulation 132.015.

"adventure flight procedures" , for a limited category aircraft: see regulation 132.010.

"aerobatic manoeuvres" , for an aircraft, means manoeuvres of the aircraft that involve:

                     (a)  bank angles that are greater than 60°; or

                     (b)  pitch angles that are greater than 45°, or are otherwise abnormal to the aircraft type; or

                     (c)  abrupt changes of speed, direction, angle of bank or angle of pitch.

"aerodrome certificate" means a certificate granted under regulation 139.030.

"aerodrome facilities and equipment" means facilities and equipment, inside or outside the boundaries of an aerodrome, that are installed or maintained for use by aircraft operating at the aerodrome.

"aerodrome manual" , for a certified aerodrome, means the aerodrome manual for the aerodrome required by regulation 139.045.

"aerodrome operator" means:

                     (a)  for a certified aerodrome--the person who holds the aerodrome certificate for the aerodrome; or

                     (b)  otherwise--the person who is responsible for the operation and maintenance of the aerodrome.

"aerodrome works" means any construction or maintenance work on or near the movement area of an aerodrome that may create an obstacle or hazard, or restrict the normal take-off and landing of aircraft, at the aerodrome.

"aeronautical data" has the same meaning as in Annex 15 to the Chicago Convention.

"aeronautical data originator" means a person who has been given a data product specification under regulation 175.160 that is in force.

"aeronautical data processing standards" means:

                     (a)  EUROCAE ED-76; or

                     (b)  RTCA/DO-200A.

"aeronautical fixed service" has the same meaning as in Annex 11 to the Chicago Convention.

"aeronautical information" has the same meaning as in Annex 15 to the Chicago Convention.

"Aeronautical Information Publication or AIP" has the same meaning as in the Air Services Regulations 2019 .

"aeronautical radio operator certificate" : see regulation 64.010.

"AGL" means above ground or water level.

"AIP" : see Aeronautical Information Publication .

"AIP Amendment" has the same meaning as in Annex 15 to the Chicago Convention.

"AIP responsible person" , for an aeronautical data originator, means a person appointed by the originator as an AIP responsible person under regulation 175.445.

"AIP Supplement" has the same meaning as in Annex 15 to the Chicago Convention.

"AIRAC effective date" means an AIRAC effective date published in ICAO Document 8126.

"airborne collision avoidance system" means a system fitted to an aircraft to provide information to its pilot for avoiding collisions with other aircraft.

"aircraft engineer licence" means any of the following licences granted under regulation 66.025 or 66.026:

                     (a)  subcategory A1;

                     (b)  subcategory A2;

                     (c)  subcategory A3;

                     (d)  subcategory A4;

                     (e)  subcategory B1.1;

                      (f)  subcategory B1.2;

                     (g)  subcategory B1.3;

                     (h)  subcategory B1.4;

                      (i)  category B2;

                      (j)  category C.

"aircraft registration identification plate" : see regulation 45.010.

"aircraft type rating" , in relation to flight crew, means a type rating prescribed by a legislative instrument issued under regulation 61.055 or 61.060.

"air display" means organised flying performed before a public gathering, including the following:

                     (a)  a contest;

                     (b)  an exhibition of aerobatic manoeuvres;

                     (c)  flying in formation;

                     (d)  other aircraft operations associated with the air display.

"air/ground radio service" means a radio service at an aerodrome that provides information relating to the aerodrome (including relevant air traffic) to aircraft operating in the vicinity of the aerodrome.

"air security officer" means:

                     (a)  a protective service officer or special protective service officer of the Australian Federal Police who is directed by the Commissioner to carry out the duties of a position of air security officer; or

                     (b)  a person who is:

                              (i)  employed and trained by a foreign government to travel on aircraft to provide security for aircraft and their passengers and crew (other than a person who is employed to provide exclusive personal protection for 1 or more individuals travelling on an aircraft); and

                             (ii)  operating in accordance with an arrangement between the foreign government and the Australian Government.

"airship" means a powered, lighter-than-air aircraft.

"air traffic control function" means a function described in a paragraph of subregulation 65.075(2).

"air transport operation" : see clause 3 of Part 2 of this Dictionary.

"airworthiness directive" : see regulation 39.001A.

"AIS" has the meaning given in Annex 15 to the Chicago Convention.

"AIS provider" means a person who holds a certificate under regulation 175.055.

"amateur-built aircraft" means an aircraft described in paragraph 21.191(g).

"Amateur Built Aircraft Acceptance , or ABAA" , means a document given by CASA or an authorised person as a type approval for an amateur-built aircraft.

"amphibian" means an aeroplane that is designed to take off from, and land on, either land or water.

"AOC" : see subsection 3(1) of the Act.

"APMA" means Australian Parts Manufacturer Approval.

"appliance" means any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communication equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, engine or propeller.

Source         FARs section 1.1.

"application material" : see regulation 137.010.

"apply" , in relation to application material, has the meaning given by regulation 137.010.

"approved" means approved by CASA.

"approved airframe life" , for a limited category aircraft: see regulation 132.010.

"approved design organisation" means a person who holds an approval under regulation 21.243 that is in force.

"approved form" means:

                     (a)  for an application--the form approved by CASA under subregulation 11.030(3) for the application (if any); and

                     (b)  for a document other than an application--the form approved by CASA under regulation 11.018 for the document (if any).

"approved function" , of an ASAO, means an aviation administration function mentioned in the ASAO certificate of the ASAO.

"approved maintenance data" : see regulation 2A of CAR.

"ARFFS provider" has the meaning given by subregulation 139.705(1).

"ARN or Aviation Reference Number" means the unique identifier assigned to a person by CASA for the purposes of CASA's records.

"article manufacturer" : see paragraph 21.601(2)(e).

"ASAO" (short for approved self-administering aviation organisation) means a person who holds an ASAO certificate that is in force.

"ASAO certificate" means a certificate issued by CASA under regulation 149.075.

"ASAO enforcement power" means the power to vary, suspend or cancel an authorisation issued by an ASAO other than at the request of the authorisation holder.

"ATC licence" means an air traffic controller licence granted under Part 65.

"ATSO" : see paragraph 21.601(2)(a).

"ATSO authorisation" : see paragraph 21.601(2)(b).

"ATS provider" has the meaning given by regulation 172.015.

"ATS routes" has the same meaning as in Annex 4 to the Chicago Convention.

"ATS training provider" has the meaning given by regulation 143.015.

"Australian Civil Aircraft Register" means the register established and maintained under regulation 47.025.

"Australian nationality mark" : see regulation 45.010.

"Australian operator" means an operator whose principal place of business, or whose place of permanent residence, is in Australian territory.

"Australian Parts Manufacturer Approval or APMA" means an Australian Parts Manufacturer Approval issued under subregulation 21.303(9) or subregulation 21.305A(2).

"authorised data service activity" , for a data service provider, means a data service activity mentioned in the data service provider's certificate issued under regulation 175.295.

"authorised instrument approach procedure" means:

                     (a)  for an aerodrome in Australian territory--an instrument approach procedure that is:

                              (i)  designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or

                             (ii)  prescribed by an instrument issued under regulation 201.025 for this paragraph; or

                     (b)  for an aerodrome in a foreign country--an instrument approach procedure that is authorised by the national aviation authority of the country.

"authorised instrument departure procedure" means:

                     (a)  for an aerodrome in Australian territory--an instrument departure procedure that is:

                              (i)  designed by a certified designer or authorised designer, and published in the AIP or given to CASA under Part 173; or

                             (ii)  prescribed by an instrument issued under regulation 201.025 for this paragraph; or

                     (b)  for an aerodrome in a foreign country--an instrument departure procedure that is authorised by the national aviation authority of the country.

"authorised person" , for a provision of CASR in which the expression occurs, means a person who is appointed under regulation 201.001 to be an authorised person for these regulations or the provision.

"authorised release certificate" has the meaning given by clause 18 of Part 2 of this Dictionary.

"aviation administration and enforcement rules" means the rules required by regulation 149.290.

"aviation administration function" means:

                     (a)  exercising ASAO enforcement powers; or

                     (b)  a function prescribed by the Part 149 Manual of Standards.

"aviation English language proficiency assessment" : see regulation 61.010.

"balloon" means an unpowered, lighter-than-air aircraft.

"cabin crew member" , in relation to an aircraft, means a crew member, other than a flight crew member, who performs, in the interests of the safety of the aircraft's passengers, duties assigned by the operator or the pilot in command of the aircraft.

"CAR" means the Civil Aviation Regulations 1988 .

"cargo" means things other than persons carried in an aircraft.

"carry-on baggage" means baggage or personal effects carried on, or to be carried on, to an aircraft by:

                     (a)  a passenger on the aircraft or a member of the aircraft's crew; or

                     (b)  an employee of the aircraft operator on behalf of a passenger or crew member.

"CASR" means the Civil Aviation Safety Regulations 1998 .

"category" , in relation to the type certification of aircraft, means a grouping of aircraft based upon intended use and operating limitations (for example, transport, normal, utility, acrobatic, limited, restricted and provisional).

Source         FARs section 1.1 modified.

"certificate of airworthiness" means a standard certificate of airworthiness or a special certificate of airworthiness.

"certificate of registration" means:

                     (a)  in relation to an aircraft registered under Division 47.C.1--a certificate issued under regulation 47.090; or

                     (b)  in relation to an aircraft registered under Division 47.C.2--a certificate:

                              (i)  issued under subparagraph 47.098(2)(b)(i); or

                             (ii)  reissued under subregulation 47.099A(2).

"certificate of release to service" means:

                     (a)  for an aircraft--a document that complies with subregulation 42.760(1); and

                     (b)  for an aeronautical product--a document that complies with subregulation 42.810(1) or (2).

"certificate of validation" : see regulation 61.010.

"certificate of validation" has the meaning given by regulation 61.010.

"certification basis" means:

                     (a)  for an aircraft, aircraft engine or propeller for which there is a type certificate--the type certification basis for the aircraft, aircraft engine or propeller; and

                     (b)  for an aircraft, aircraft engine or propeller for which there is a foreign type certificate--the foreign type certification basis for the aircraft, aircraft engine or propeller.

"certified aerodrome" means an aerodrome in respect of which an aerodrome certificate is in force.

"certified air/ground radio service" : see subregulation 139.155(4).

"certified true copy" , of a document, means a copy of the document that one of the following persons has certified in writing to be a true copy of the document:

                     (a)  a person mentioned in Schedule 2 to the Statutory Declarations Regulations 1993 ;

                     (b)  a justice of the peace in a foreign country;

                     (c)  a notary public in a foreign country;

                     (d)  an employee of a national aviation authority;

                     (e)  a person to whom a national aviation authority has delegated a power or function.

"charged with" an offence: see clause 25 of Part 2 of this Dictionary.

"checked baggage" means baggage or personal effects checked in by a passenger with an operator, or with another person providing a check-in service for an operator, as baggage or personal effects intended for carriage on the aircraft on which the passenger is travelling.

"Civil Air Regulations" means the Civil Air Regulations issued by the Administrator of the Federal Aviation Agency of the United States of America, as in force immediately before the commencement of the FARs.

"class" :

                     (a)  of aircraft, has the meaning given by regulation 61.020; and

                     (b)  of aeroplane for Part 64 (Ground operations personnel licensing), has the meaning given by regulation 64.010; and

                     (c)  in relation to medical certificates--means a class of medical certificate mentioned in regulation 67.145.

"Class I product" : see paragraph 21.321(2)(a).

"Class I provisional certificate of airworthiness" means a Class I provisional certificate of airworthiness issued under regulation 21.216.

Class I provisional type certificate means a Class I provisional type certificate issued under regulation 21.076.

"Class II product" : see paragraph 21.321(2)(b).

"Class II provisional certificate of airworthiness" means a Class II provisional certificate of airworthiness issued under regulation 21.216.

Class II provisional type certificate means a Class II provisional type certificate issued under regulation 21.076.

"Class III product" : see paragraph 21.321(2)(c).

"continuing airworthiness management organisation" means a person who holds an approval under regulation 42.590 that is in force.

"Contracting State" : see section 3 of the Act.

"convicted" of an offence: see clause 35 of Part 2 of this Dictionary.

"co-pilot" , in relation to an aircraft, means a pilot on board the aircraft in a piloting capacity other than:

                     (a)  the pilot in command; or

                     (b)  a pilot who is on board the aircraft for the sole purpose of receiving flight training.

"corporation" , in Part 149, has the same meaning as in regulation 11.015.

"critical part" , for an aircraft, means a part that must be inspected, overhauled, or removed or retired from the aircraft within a period specified:

                     (a)  in the Airworthiness Limitations section of the Manufacturer's Maintenance Manual (as published from time to time by the aircraft's manufacturer) for the aircraft; or

                     (b)  in the Manufacturer's Instructions for Continued Airworthiness (as published by the manufacturer from time to time) for the aircraft.

"cross-country flight" has the meaning given by regulation 61.010.

"cruise relief type rating" means:

                     (a)  a cruise relief co-pilot type rating; or

                     (b)  a cruise relief flight engineer type rating.

"current" , for an aviation English language proficiency assessment: see regulation 61.260.

"DAME" means designated aviation medical examiner.

"DAO" means designated aviation ophthalmologist.

"data product specification" has the same meaning as in Annex 15 to the Chicago Convention.

"data service activity" means any of the following:

                     (a)  publishing aeronautical data;

                     (b)  publishing aeronautical information;

                     (c)  publishing an aeronautical chart;

                     (d)  supplying aeronautical data in a database for use in navigation equipment or systems.

"data service provider" means a person who holds a certificate under regulation 175.295.

"data set" has the same meaning as in Annex 15 to the Chicago Convention.

"dealer's mark" means a mark assigned to an aircraft manufacturer, distributor or dealer under regulation 47.175.

"designated aviation medical examiner" means:

                     (a)  a person appointed as a designated aviation medical examiner under Part 67; or

                     (b)  a person who holds, or is performing the duties of, a position specified in a declaration under subregulation 67.055(1); or

                     (c)  a person specified in a declaration under subregulation 67.055(2); or

                     (d)  a person appointed as a designated aviation medical examiner under Part 6 of CAR as in force at any time before 3 September 2003.

"designated aviation ophthalmologist" means:

                     (a)  a person appointed as a designated aviation ophthalmologist under Part 67; or

                     (b)  a person who holds, or is performing the duties of, a position specified in a declaration under subregulation 67.075(1); or

                     (c)  a person specified in a declaration under subregulation 67.075(2).

"Dictionary" means this Dictionary.

"differences training" : see regulation 61.010.

"empty weight" , for a hang glider, powered hang glider, paraglider or powered paraglider: see regulation 200.001.

"engage in conduct" means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

"ETSO" : see paragraph 21.601(2)(aa).

EUROCAE ED-76 means the latest version of EUROCAE ED-76, Standards for Processing Aeronautical Data, issued by the European Organisation for Civil Aviation Equipment, as in force from time to time.

Note:          EUROCAE ED-76 could in 2014 be viewed on the EUROCAE website (http://www.eurocae.net).

"European Aviation Safety Agency or EASA" means the European Aviation Safety Agency established by regulation (EC) No 1592/2002 of the European Parliament and the Council of the European Union.

"examiner" has the meaning given by regulation 61.010.

"ex-armed forces aircraft" : see regulation 132.010.

"excluded provisions" : see regulation 200.001A.

"excluded RPA" : see regulation 101.237.

"exhibition" : see regulation 45.010.

"experimental certificate" means an experimental certificate issued under regulation 21.195A.

"expiation notice" , in relation to a psychoactive substance offence, means a notice requiring or permitting payment of a penalty as an alternative to prosecution.

"export airworthiness approval" means:

                     (a)  for a Class I product--an export certificate of airworthiness or an authorised release certificate; and

                     (b)  for a Class II or Class III product--an authorised release certificate.

"export certificate of airworthiness" , for a Class I product, means a certificate to the effect that the product meets the requirements mentioned in regulation 21.329.

"exposition" , of an ASAO, means:

                     (a)  the set of documents approved by CASA under regulation 149.080 in relation to the ASAO; or

                     (b)  if the set of documents is changed under regulation 149.115 or 149.120, or in accordance with the process mentioned in paragraph 149.340(i)--the set of documents as changed.

"FAA letter of TSO design approval" : see paragraph 21.601(2)(ca).

"FARs" means the Federal Aviation Regulations in Chapter 1 (Federal Aviation Administration, Department of Transportation) of Title 14 of the Code of Federal Regulations as published by the Office of the Federal Register National Archives and Records Administration of the United States of America.

"fireproof" , in connection with a manufacturer's data plate: see regulation 21.810.

"flight crew endorsement" :

                     (a)  means a flight crew endorsement within the meaning of Part 61; and

                     (b)  includes a certificate of validation of an overseas endorsement.

"flight crew licence" :

                     (a)  means a flight crew licence within the meaning of Part 61; and

                     (b)  includes a certificate of validation of an overseas flight crew licence.

"flight crew member" means a crew member who is a pilot or flight engineer assigned to carry out duties essential to the operation of an aircraft during flight time.

"flight crew rating" :

                     (a)  means a flight crew rating within the meaning of Part 61; and

                     (b)  includes a certificate of validation of an overseas rating.

"flight engineer" means the holder of a flight engineer licence.

"flight examiner" : see regulation 61.010.

"flight level" : a reference to a flight level followed by a number, in relation to the flight of an aircraft, is a reference to the altitude at which the aircraft's altimeter, if it were adjusted to a reading on the subscale of 1013.2 hectopascals, would show an altitude in feet of 100 times that number.

Example:    Flight level 250 is an altitude of 25 000 ft.

"flight manual" , for an aircraft: see clause 37 of Part 2 of this Dictionary.

"flight review" : see regulation 61.010.

"flight service function" means the function described in subregulation 65.130(2).

"flight service licence" means a licence by that name granted under Part 65.

"flight simulation training device" : see regulation 61.010.

"flight simulator" , for a specific type (or a specific make, model and series) of aircraft:

                     (a)  means a simulator that simulates the aircraft in ground and flight operations and comprises:

                              (i)  a full size replica of the flight deck of the aircraft; and

                             (ii)  a visual system providing an out of the flight deck view; and

                            (iii)  a force cueing motion system; and

                     (b)  includes the necessary software and equipment, and the way that the equipment is interconnected.

"flight technical log" , for an aircraft, means the log required under regulation 42.220 for the aircraft.

"flight test" : see regulation 61.010.

"flight time" has the meaning given by regulation 61.010.

"flight training" : see regulation 61.010.

"flight training area" , for an aerodrome, means an area that is mentioned in a Part 141 operator's operations manual, or a Part 142 operator's exposition, as a flight training area for the aerodrome.

"flight training device" , for a specific type (or a specific make, model and series) of aircraft:

                     (a)  means a device that:

                              (i)  simulates the aircraft in ground and flight operations to the extent of the systems installed in the device; and

                             (ii)  comprises a full size replica of the instruments, equipment, panels and controls in an open flight deck area, or an enclosed flight deck, of the aircraft; and

                            (iii)  does not, in every respect, simulate the aircraft in ground and flight operations; and

                     (b)  includes the necessary software and equipment, and the way that the equipment is interconnected.

"flying in formation" : 2 or more aircraft are:

                     (a)  flying in formation if they:

                              (i)  are operating as a single unit with regard to navigation, position reporting and control; and

                             (ii)  are so close to each other that any change in height, heading or airspeed of any aircraft used for station-keeping results in a need for one or more of the other aircraft to manoeuvre to maintain station or avoid a collision; and

                     (b)  taken to be flying in formation :

                              (i)  when the aircraft are changing station; and

                             (ii)  during join-up or breakaway.

"foreign air transport AOC" means an AOC that authorises the operation of an aircraft for a foreign air transport operation.

"foreign air transport operation" :

                     (a)  means an air transport operation that is conducted by a foreign operator using any aircraft for:

                              (i)  a flight into or out of Australian territory; or

                             (ii)  a flight wholly within Australia that is undertaken as part of a flight into or out of Australian territory; but

                     (b)  does not include the following:

                              (i)  the operation of an aeroplane or rotorcraft under a permission under section 25 (Non-scheduled flights by foreign registered aircraft) or section 27A (Permission for operation of foreign registered aircraft without AOC) of the Act;

                             (ii)  an air transport operation authorised by a New Zealand AOC with ANZA privileges that is in force for Australia.

"foreign air transport operator" means a person who holds a foreign air transport AOC.

"foreign certificate" , for a foreign operator, means an air operator certificate issued by the national aviation authority of the foreign country in which the foreign operator has its principal place of business or place of permanent residence.

"foreign operator" means an operator that is not an Australian operator.

"foreign supplemental type certificate" : see regulation 21.114.

"foreign type certificate" : see regulation 21.041.

"foreign type certification basis" , for an aircraft, aircraft engine or propeller, means the airworthiness standards and any special conditions or other conditions with which the aircraft, aircraft engine or propeller must comply for the issue of a foreign type certificate.

"free balloon" :

                     (a)  in Part 101--means a balloon that is not tethered; and

                     (b)  otherwise--means a balloon that is intended for flight without being permanently tethered.

"frequency confirmation system" , for an aerodrome, means a ground radio system for the aerodrome that, on receipt of a transmission from an aircraft on the radio frequency for the aerodrome, sends a signal or message to the aircraft confirming that the transmission has been received.

"giant model aircraft" : see regulation 101.380.

"glider" means:

                     (a)  an unpowered, heavier-than-air aircraft that derives its lift in flight chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight; or

                     (b)  a heavier-than-air aircraft that is fitted with one or more engines and that is capable of soaring flight when the engine or engines are inoperative.

"gyroglider" : see subregulation 200.006(2).

"gyroplane" means a power-driven, heavier than air aircraft supported in flight by the reaction of the air on 1 or more rotors which rotate freely on substantially vertical axes.

"hang glider" : see regulation 200.001.

"heavier-than-air aircraft" is the generic term for aircraft that derive their lift in flight chiefly from aerodynamic forces.

"heavy balloon" : see regulation 101.145.

"heavy package" : see regulation 101.145.

"high power rocket" : see regulation 101.425.

"historic aircraft" : see regulation 132.010.

"holder" , of an authorisation (within the meaning given by Part 11), means:

                     (a)  if the authorisation has not been transferred--the person to whom it was granted; or

                     (b)  if the authorisation has been transferred--the person to whom it was transferred or, if it has been transferred more than once, the person to whom it was most recently transferred.

"human factors principles" means principles concerned with the minimisation of human error and its consequences by optimising the relationships within systems between people, activities and equipment.

ICAO Document 8126 means Document 8126-AN/872 ( Aeronautical Information Services Manual ) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time.

ICAO Document 8697 means Document 8697-AN/889 ( Aeronautical Chart Manual ) approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time.

"identification number" of a production certificate or type certificate means the number, or group of characters, described in the certificate as being its number.

"in an area" , used of the operation of an aircraft: see clause 40 of Part 2 of this Dictionary.

"incidental provisions" , of an instrument, or part of an instrument, mentioned in these Regulations, means the provisions of the instrument, or part, that are not airworthiness standards.

"in-house maintenance , for an aeronautical product (the first aeronautical product) to be fitted to an aircraft or another aeronautical product (the second aeronautical product" ), means maintenance carried out on the first aeronautical product by a Part 145 organisation that will fit the product to the aircraft or the second aeronautical product.

"in-house release document" , for an aeronautical product on which in-house maintenance has been carried out, means the document that:

                     (a)  is issued by the Part 145 organisation that carried out the in-house maintenance; and

                     (b)  includes a statement to the effect that, in respect of the in-house maintenance, the product is serviceable, within the meaning given by subregulation 42.015(1); and

                     (c)  includes information enabling the identification of the record mentioned in regulation 42.820 for the product.

"instructor" has the meaning given by regulation 61.010.

"instrument approach operation" means an approach and landing:

                     (a)  conducted using instruments for navigation guidance; and

                     (b)  based on an authorised instrument approach procedure.

"instrument approach procedure" means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply.

"instrument departure procedure" , for an aircraft, means a series of predetermined manoeuvres by reference to flight instruments with specified protection from obstacles from take-off until the aircraft reaches:

                     (a)  the en-route lowest safe altitude; or

                     (b)  the minimum altitude at which the aircraft, on a minimum climb gradient of 3%, can intercept the planned flight route; or

                     (c)  in a case where the aircraft has taken off from an aerodrome for which there is a radar control service in operation--the minimum radar vector altitude.

"instrument flight procedures" means the visual and instrument procedures for use by aircraft operating under the IFR.

"Integrated Aeronautical Information Package" means a package, in hardcopy or electronic form, consisting of the following:

                     (a)  the AIP;

                     (b)  AIP Amendments;

                     (c)  AIP Supplements;

                     (d)  NOTAMS and pre-flight information bulletins;

                     (e)  aeronautical information circulars.

"integrated training" means an intensive course of training:

                     (a)  that is designed to ensure that a course participant receives ground theory training integrated with practical flight training; and

                     (b)  for which:

                              (i)  the ground theory training and practical flight training are conducted by the same operator; or

                             (ii)  the operator that conducts the practical flight training engages another person or organisation to conduct the ground theory training on behalf of the operator; and

                     (c)  that is conducted according to a syllabus that satisfies the knowledge and flight standards specified in the Part 61 Manual of Standards for the grant of a private or commercial pilot licence; and

                     (d)  that is designed to be completed within a condensed period of time.

"intermediate category" , for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.026.

"internal review decision" , of an ASAO: see subregulation 149.605(5).

"key personnel" , of an ASAO, means the people who hold, or carry out the responsibilities of, the following positions in the ASAO's organisation:

                     (a)  accountable manager;

                     (b)  safety manager;

                     (c)  if the ASAO's approved functions include administering aircraft--the manager of the function;

                     (d)  any other position with the responsibilities prescribed by the Part 149 Manual of Standards.

"kind" , of an aircraft, means:

                     (a)  for an aircraft that is covered by an aircraft type rating--the aircraft type rating; and

                     (b)  for an aircraft that is not covered by an aircraft type rating--the type of aircraft.

"kit-built aircraft" means an aircraft described in paragraph 21.191(h).

"land and hold short operation" means an operation in which the pilot in command of an aircraft:

                     (a)  lands the aircraft on a runway; and

                     (b)  stops the aircraft before an intersection with another runway; and

                     (c)  does not proceed further until instructed to do so by air traffic control.

"large RPA" : see regulation 101.022.

"letter of ATSO design approval" : see paragraph 21.601(2)(c).

"licensed aircraft maintenance engineer" means an individual who holds an aircraft engineer licence that is in force.

"life limit" , for an aeronautical product that is fitted, or is to be fitted, to a limited category aircraft, has the meaning given by the Part 132 Manual of Standards.

"light balloon" : see regulation 101.145.

"lighter-than-air aircraft" is the generic term for aircraft that are supported chiefly by their buoyancy in the air.

"light sport aircraft" means an aircraft that:

                     (a)  has:

                              (i)  if the aircraft is not intended for operation on water--a maximum take-off weight of 600 kilograms or less; or

                             (ii)  if the aircraft is intended for operation on water--a maximum take-off weight of 650 kilograms or less; or

                            (iii)  if the aircraft is a lighter-than-air aircraft--a maximum gross weight of 560 kilograms or less; and

                     (b)  if the aircraft is a powered aircraft that is not a glider--has a single, non-turbine engine fitted with a propeller; and

                     (c)  has a maximum stall speed in the landing configuration (V so ) of 45 knots calibrated air speed; and

                     (d)  if the aircraft is a glider--has a maximum never-exceed speed (V ne ) of 135 knots calibrated air speed; and

                     (e)  if the aircraft has a cabin--has an un-pressurised cabin; and

                      (f)  if the aircraft is designed to be equipped with seating--has a maximum seating capacity of 2 persons, including the pilot; and

                     (g)  if the aircraft is a manned free balloon that is not designed to be equipped with seating--can carry no more than 2 persons; and

                     (h)  has:

                              (i)  in the case of an amphibian--repositionable landing gear; or

                             (ii)  in the case of a glider--fixed landing gear or retractable landing gear; or

                            (iii)  in any other case--fixed landing gear.

"limited category" , for an aircraft, means the category of aircraft that satisfy the requirements for issue of a special certificate of airworthiness mentioned in regulation 21.189.

"limited category aircraft" : see regulation 132.010.

"limited category certificate" : see regulation 132.010.

"limited category organisation" : see regulation 132.010.

"lowest safe altitude" has the same meaning as in the AIP.

"low-visibility approach" means an approach using minima for a runway that are below the category I precision approach minima for the runway published in the AIP.

"low-visibility operation" means:

                     (a)  a low-visibility take-off; or

                     (b)  a low-visibility approach.

"low-visibility take-off" means a take-off with a runway visual range of less than 550 m.

"major" , for a modification or repair to a limited category aircraft: see regulation 132.020.

"major change" , for a type design: see regulation 21.093.

"major defect" means:

                     (a)  in relation to an aeronautical product that is not fitted to an aircraft--a defect of such a kind that the aeronautical product, if fitted to an aircraft, may affect the safety of the aircraft or cause the aircraft to become a danger to persons or property; and

                     (b)  in relation to an aircraft--a defect of such a kind that it may affect the safety of the aircraft or cause the aircraft to become a danger to persons or property.

"manned free balloon" means a free balloon that:

                     (a)  is capable of carrying 1 or more persons; and

                     (b)  is equipped with controls that enable the altitude of the balloon to be controlled.

"markings" , for an aircraft: see regulation 45.015.

"Materials Review Board" means:

                     (a)  for a manufacturer manufacturing an aircraft, aircraft engine or propeller under a type certificate only--the Materials Review Board established under paragraph 21.125(1)(a); and

                     (b)  for a manufacturer manufacturing an aircraft, aircraft engine or propeller under a production certificate--the Materials Review Board established under regulation 21.145.

"maximum carrying capacity" , for an aircraft, means the maximum payload permitted under the aircraft's certificate of type approval.

"maximum passenger seating capacity" , for an aircraft, means the maximum number of seats for persons (excluding flight crew and cabin crew) in the aircraft that is:

                     (a)  approved by CASA; and

                     (b)  specified in the aircraft operator's operations manual.

"medical certificate" means:

                     (a)  a medical certificate issued under Subpart 67.C; or

                     (b)  for the holder of a certificate of validation of an overseas flight crew licence--the holder's overseas medical certificate.

"medically significant condition" has the meaning given by subregulation 67.010(1).

"medical practitioner" :

                     (a)  for Part 61 has the meaning given by regulation 61.010; and

                     (b)  for Part 67 has the meaning given by subregulation 67.010(1).

"medium balloon" : see regulation 101.145.

"medium RPA" : see regulation 101.022.

"meets the modified Austroads medical standards" has the meaning given by regulation 67.262.

"micro RPA" : see regulation 101.022.

"minimum equipment list" , for an aircraft, means a list of each defect in the aircraft that is approved as a permissible unserviceability under regulation 37 of CAR.

"minor change" , for a type design: see regulation 21.093.

"model" , for an aircraft, aircraft engine or propeller, means a particular version of a type of aircraft, aircraft engine or propeller that is distinguished from another version of the same type by a change of sufficient effect on the weight, balance, structural strength, operational characteristics as would require a separate entry on a type certificate, identifying and approving the particular version as distinct from the identification and approval of other versions.

"model aircraft" : see regulation 101.023.

"model rocket" : see regulation 101.425.

"modification/repair design approval" means an approval granted under regulation 21.435 or 21.437.

"multi-crew operation" : see regulation 61.010.

"national aviation authority" , for a foreign country:

                     (a)  means the authority that is responsible for regulating civil aviation in the country; and

                     (b)  includes:

                              (i)  the national airworthiness authority for the country; and

                             (ii)  if EASA carries out functions on behalf of the country--EASA; and

                            (iii)  for China, for matters relating to Hong Kong--the Civil Aviation Department of Hong Kong.

"night" means the period between the end of evening civil twilight and the beginning of the following morning civil twilight.

"non-precision approach runway" has the same meaning as in Annex 14, Aerodromes, to the Chicago Convention.

"non-technical skills" means specific human competencies, including critical decision making, team communication, situational awareness and workload management, which may minimise human error in aviation.

"NOTAM" (short for Notice to Airmen) has the same meaning as in the Air Services Regulations 2019 .

"NOTAM authorised person" , of an aeronautical data originator, means a person appointed by the originator as a NOTAM authorised person under regulation 175.445.

"NOTAM Office" means the office of AA responsible for the publication of NOTAMS.

"obstacle limitation surface" , of an aerodrome, means a surface associated with the aerodrome that is ascertained in accordance with the requirements prescribed by the Part 139 Manual of Standards for the purposes of this definition.

"officer" , of a corporation, in Part 149, has the same meaning as in regulation 142.035.

"off-shore installation" means an installation that is erected on, or floating in the sea above, the continental shelf for the purpose of extracting, or exploring for, petroleum or natural gas.

"operated within the visual line of sight" : see subregulation 101.073(3).

"operations manual" means:

                     (a)  for an operator as defined in regulation 212 of CAR--the manual required to be provided by the operator under regulation 215 of CAR; or

                     (b)  for a limited category organisation--the manual mentioned in subregulation 262AN(2) of CAR for the organisation.

"operations specifications" has the same meaning as in Chapter 1 of Part 1 of Annex 6, Operation of Aircraft , to the Chicago Convention.

"operator" , of an aircraft, means:

                     (a)  if the operation of the aircraft is authorised by an AOC--the holder of the AOC; or

                     (b)  if the operation of the aircraft is not authorised by an AOC--the person, organisation or enterprise that makes the aircraft available to the aircraft's pilot in command for a flight.

"operator proficiency check" : see regulation 61.010.

"organisation" , in relation to an ASAO, means the organisation established by the ASAO to perform the approved functions of the ASAO.

"other AIS applicable ICAO documents" means each of the following documents as approved and published by decision of the Council of the International Civil Aviation Organization, as in force from time to time:

                     (a)  ICAO Document 4444-ATM/501 ( Procedures for Air Navigation Services--Air Traffic Management ), subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP;

                     (b)  ICAO Document 7030 ( Regional Supplementary Procedures );

                     (c)  ICAO Document 7910 ( Location Indicators );

                     (d)  ICAO Document 8168 (PANS-OPS), subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP;

                     (e)  ICAO Document 8400 ( ICAO Abbreviations and Codes );

                      (f)  ICAO Document 9432 ( Manual of Radiotelephony );

                     (g)  ICAO Document 9674 ( World Geodetic System );

                     (h)  ICAO Document 9905-AN/471 ( Required Navigation Performance Authorisation Required (RNP AR) Procedure Design Manual ).

"overhauled" : see paragraph 21.321(2)(d).

"overseas endorsement" has the meaning given by regulation 61.010.

"overseas flight crew licence" has the meaning given by regulation 61.010.

"overseas medical certificate" has the meaning given by regulation 61.010.

"overseas rating" has the meaning given by regulation 61.010.

"PANS-AIM" means the Procedures for Air Navigation Services-Aeronautical Information Management approved and published by the Council of the International Civil Aviation Organization, as in force from time to time, subject to the differences mentioned in Gen 1.7 of Part 1 of the AIP.

"paraglider" : see regulation 200.001.

"parasail" : see subregulation 200.005(2).

Part 21 Manual of Standards means the Manual of Standards issued by CASA under regulation 21.010D.

Part 42 Manual of Standards means the Manual of Standards issued by CASA under regulation 42.020.

Part 45 Manual of Standards means the Manual of Standards issued by CASA under regulation 45.025.

Part 47 Manual of Standards means the Manual of Standards issued by CASA under regulation 47.012.

Part 61 Manual of Standards means the Manual of Standards issued by CASA under regulation 61.035.

Part 101 Manual of Standards means the Manual of Standards issued by CASA under regulation 101.028.

Part 132 Manual of Standards means the Manual of Standards issued by CASA under regulation 132.040.

Part 139 Manual of Standards means the Manual of Standards issued by CASA under regulation 139.005.

Part 141 operator : see subregulation 141.015(3).

Part 142 operator : see subregulation 142.015(4).

Part 145 organisation means a person who holds an approval under regulation 145.030 that is in force.

Part 149 Manual of Standards means the Manual of Standards issued by CASA under regulation 149.010.

Part 175 Manual of Standards means the Manual of Standards issued by CASA under regulation 175.025.

"passenger" , in relation to an aircraft, means a person:

                     (a)  who:

                              (i)  intends to travel on a particular flight on the aircraft; or

                             (ii)  is on board the aircraft for a flight; or

                            (iii)  has disembarked from the aircraft following a flight; and

                     (b)  who is not a member of the crew of the aircraft for the flight.

"permit index number" , for an aircraft for which a limited category certificate has been issued: see regulation 132.010.

"personnel" , of an ASAO, includes any of the following persons who have duties or responsibilities that relate to the safe performance of the ASAO's approved functions:

                     (a)  an employee of the ASAO;

                     (b)  a person engaged by the ASAO (whether by contract or other arrangement) to provide services to the ASAO;

                     (c)  an employee of a person mentioned in paragraph (b);

                     (d)  a person appointed by the ASAO to perform an approved function on behalf of the ASAO.

"pilot" , used as a verb, has the meaning given by regulation 61.010.

"pilot certificate" means a certificate (however described) that:

                     (a)  is granted by a recreational aviation administration organisation; and

                     (b)  authorises its holder to pilot an aircraft, other than a registered aircraft, in an aviation activity administered by the organisation.

"pilot in command" , in relation to a flight of an aircraft, means the pilot designated by the operator of the aircraft as being in command and charged with the safe conduct of the flight.

"pilot instructor" : see regulation 61.010.

"pilot licence" : see regulation 61.010.

"pilot-owner" , of an aircraft, means an individual who:

                     (a)  owns the aircraft; and

                     (b)  is authorised, under Part 61, to fly the aircraft.

"populous area" includes a city and a town.

"powered aircraft" means an aircraft that is propelled by an engine or engines.

"powered hang glider" : see regulation 200.001.

"powered-lift aircraft" means a power-driven heavier-than-air aircraft that derives its lift in flight:

                     (a)  during vertical manoeuvring and low-speed flight--from:

                              (i)  the reaction of air on one or more normally power-driven rotors on substantially vertical axes; or

                             (ii)  engine thrust; and

                     (b)  otherwise--chiefly from aerodynamic reactions on surfaces remaining fixed under given conditions of flight.

"powered parachute" means a powered aircraft that has the characteristics of a parachute when its engine or engines are not operated.

"powered paraglider" : see regulation 200.001.

"powered sailplane" means an aircraft with one or more engines that has the characteristics of a sailplane when the engine or engines are inoperative.

"primary category" , for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.024.

"probity offence" means an offence the substance of which is:

                     (a)  the giving, receiving, offering or soliciting of a bribe to influence the performance of an official function or duty; or

                     (b)  the making of an unwarranted demand with menaces (within the meaning of Division 139 of the Criminal Code ) of a person exercising an official function during the performance of that function; or

                     (c)  fraudulent conduct (within the meaning of Part 7.3 of the Criminal Code );

whether under the law of the Commonwealth, a State, a Territory or another country.

"production certificate" means a production certificate issued under subregulation 21.134(1).

"prohibited area" has the same meaning as in regulation 3 of the Airspace Regulations 2007 .

"provisional certificate of airworthiness" means a Class I or Class II provisional certificate of airworthiness.

"provisional type certificate" means a Class I or Class II provisional type certificate.

"psychoactive substance" : see clause 60 of Part 2 of this Dictionary.

"psychoactive substance offence" means an offence:

                     (a)  of which an element is the possession, use or excessive use of a psychoactive substance; or

                     (b)  of which the substance is importing, or trafficking in, a psychoactive substance; or

                     (c)  of which an element is being under the influence of a psychoactive substance; or

                     (d)  of which an element is the presence, or the presence at a concentration higher than a particular concentration, in the blood, breath or urine of a psychoactive substance or a metabolite of such a substance; or

                     (e)  the substance of which is refusal to provide a blood, breath or urine sample for analysis; or

                      (f)  of attempting to commit, inciting the commission of or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d) or (e).

Note:          Psychoactive substance includes alcohol but does not include coffee, tea, cocoa, chocolate or any other non-alcoholic drink containing caffeine, or caffeine-containing confectionery--see Part 2 of this Dictionary.

"public gathering" means an assembly of people at a place on the basis of a general public invitation to attend at that place, whether or not a charge is made for attendance.

"qualified flight simulator" means a flight simulator that is qualified under Part 60 of CASR.

"qualified flight training device" means a flight training device that is qualified under Part 60 of CASR.

"recognised country" : see regulation 21.010B.

"recurrent training" : see regulation 142.035.

"registered" , in relation to an Australian aircraft, means:

                     (a)  in the case of an aircraft to which Division 47.C.1 applies--registered under Division 47.C.1; or

                     (b)  in the case of an aircraft to which Division 47.C.2 applies--registered under Division 47.C.2.

Note:          For the definition of foreign registered aircraft , see section 3 of the Act.

"registered operator" , of an aircraft, has the meaning given by regulation 47.100.

"registered training organisation" has the meaning given by section 3 of the National Vocational Education and Training Regulator Act 2011 .

"registration holder" , of an aircraft, means the person whose name is entered in the Australian Civil Aircraft Register as:

                     (a)  in the case of an aircraft registered under Division 47.C.1--the aircraft's owner; and

                     (b)  in the case of an aircraft that is an RPA or a model aircraft registered under Division 47.C.2--the person who applied for the registration of the aircraft.

"registration mark" , of an aircraft, means the registration mark assigned to the aircraft under Subpart 47.G.

"regular public transport operations" means operations for the commercial purpose mentioned in paragraph 206(1)(c) of CAR.

"relevant approved design organisation" , in relation to a design activity, within the meaning given by regulation 21.233, and an aircraft or aeronautical product of a particular kind, means an approved design organisation that is approved under Subpart 21.J to carry out that design activity in relation to aircraft or aeronautical products of that kind.

"remote pilot licence" means a licence granted under Division 101.F.3.

"required navigational performance" , for an area of airspace, or a route, means the navigational performance specified in the AIP for that area of airspace or route.

"restricted area" has the same meaning as in regulation 3 of the Airspace Regulations 2007 .

"restricted category" , for an aircraft, means the category of aircraft that satisfy the requirements for issue of a type certificate mentioned in regulation 21.025.

"rocket" means a pilotless vehicle powered by reaction that carries all the components necessary to provide its jet.

"route segment" means a portion of a route.

"RPA" : see regulation 101.021.

"RPAS" (short for remote pilot aircraft system) means a set of configurable elements consisting of a remotely piloted aircraft, its associated remote pilot station (or stations), the required command and control links and any other system elements as may be required at any point during the operation of the aircraft.

"RPL training course" means training in the operation of RPA for the grant of a remote pilot licence that is conducted:

                     (a)  by a person who is certificated under regulation 101.335 and whose operations include conducting training; and

                     (b)  in accordance with any standards or requirements prescribed by the Part 101 Manual of Standards.

RTCA/DO-200A means the latest version of RTCA/DO-200A, Standards for Processing Aeronautical Data, issued by RTCA, Inc, as in force from time to time.

Note:          RTCA/DO-200A could in 2014 be viewed on the RTCA's website (http://www.rtca.org).

"runway visual range" means the range, measured using an electronic instrument, over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line.

"safety-critical aeronautical product" , for a limited category aircraft: see regulation 132.025.

"safety manager" , of an ASAO, means the individual, appointed by the ASAO, who is responsible for the safety management system required by regulation 149.270.

"sailplane" means a glider with an empty weight of more than 70 kg.

"small balloon" : see regulation 101.145.

"small RPA" : see regulation 101.022.

"solo" , in relation to a flight of an aircraft, has the meaning given by regulation 61.010.

"special certificate of airworthiness" : see regulation 21.175.

"special class" , for aircraft: see subregulation 21.017(2).

"special condition" means a special condition imposed under subregulation 21.016(1).

"special flight permit" means a special flight permit issued under regulation 21.200.

"specialised helicopter operation" means a helicopter operation that involves the carriage of persons or cargo:

                     (a)  between the coast of Australia and an off-shore installation; or

                     (b)  between off-shore installations; or

                     (c)  to or from the helipad of:

                              (i)  a hospital; or

                             (ii)  a State or Territory service (however described) established to provide assistance in emergencies.

"special purpose operation" , for an aircraft in the limited category, means an operation mentioned in subregulation 21.189(3).

"sport aviation body" means:

                     (a)  Australian Ballooning Federation Incorporated; or

                     (b)  Australian Parachute Federation Limited; or

                     (c)  Australian Sport Rotorcraft Association Incorporated; or

                     (d)  Recreational Aviation Australia Incorporated; or

                     (e)  The Gliding Federation of Australia Incorporated; or

                      (f)  Hang Gliding Federation of Australia Incorporated; or

                    (fa)  the Australian Skydiving Association Incorporated; or

                    (fb)  an ASAO; or

                     (g)  a body established in a Contracting State to administer sport aviation in that State.

"standard certificate of airworthiness" : see regulation 21.175.

"standard part" means a part that complies with a specification that:

                     (a)  is established, published and maintained by:

                              (i)  an organisation that sets consensus standards for products; or

                             (ii)  a government agency; and

                     (b)  includes:

                              (i)  design, manufacturing, test and acceptance criteria; and

                             (ii)  requirements for the uniform identification of the part.

Example:    For subparagraph (a)(i), the Institute of Electrical and Electronics Engineers--see http://www.ieee.org/portal/site.

"standard RPA operating conditions" : see regulation 101.238.

"State of Design" has the meaning given by Annex 8 to the Chicago Convention.

"State of registry" , for a foreign registered aircraft, means the foreign country on whose register the aircraft is entered.

"student pilot" means:

                     (a)  for aircraft other than balloons--a person who is authorised to pilot an aircraft under regulation 61.112; or

                     (b)  for balloons--a person who:

                              (i)  does not hold a commercial (balloon) pilot licence within the meaning of subregulation 5.01(1) of CAR; and

                             (ii)  is receiving balloon flight training.

"successfully participating" , in an operator's approved cyclic training and proficiency program, has the meaning given by regulation 61.010.

"supplemental type certificate" means a supplemental type certificate issued under regulation 21.113A.

"synthetic training device" means:

                     (a)  a flight simulator; or

                     (b)  a flight training device; or

                     (c)  a basic instrument flight trainer.

"terminal instrument flight procedure" means an instrument approach procedure or instrument departure procedure.

"tethered" , in relation to a lighter-than-air aircraft, means attached to the ground, or an object on the ground, by flexible restraints that limit movement.

"tethered balloon" : see regulation 101.105.

"these Regulations" includes CAR.

"time-in-service" means:

                     (a)  for an aircraft--each period starting when the aircraft takes off for a flight and ending when the aircraft lands at the end of the flight; and

                     (b)  for an aircraft engine or propeller that is fitted to an aircraft--each period starting when the aircraft takes off for a flight and ending when the aircraft lands at the end of the flight.

"tour of duty" , for a flight crew member:

                     (a)  means a period from when the member begins any duties associated with his or her employment before making a flight or series of flights until the member is finally relieved of all such duties after the end of the flight or flights; and

                     (b)  includes a period during which the member is required by an operator to hold himself or herself available at an aerodrome for the performance of any such duties.

"training endorsement" : see regulation 61.010.

"TSO" : see paragraph 21.601(2)(ab).

"type" , for an aircraft, aircraft engine or propeller, means a design and make of aircraft, aircraft engine or propeller and, where appropriate, refers to a group of essentially similar aircraft, aircraft engines or propellers which, although possibly existing in different models, stem from a common basic design.

"type acceptance certificate" means a type acceptance certificate issued under regulation 21.029A.

"type certificate" : see regulation 21.041.

"type certificated" means issued with a type certificate or type acceptance certificate.

"type certificate data sheet" means a sheet attached to a type certificate for an aircraft, aircraft engine or propeller that sets out the limitations prescribed by the applicable airworthiness requirements for the aircraft, aircraft engine or propeller, and any other limitations and information necessary for type certification of the aircraft, aircraft engine or propeller.

"type certification basis" , for an aircraft, aircraft engine or propeller, means the airworthiness standards and any special conditions or other conditions with which the aircraft, aircraft engine or propeller must comply for the issue of a type certificate.

"type design" : see regulation 21.031.

"unmanned free balloon" means a balloon other than a manned free balloon.

"unpowered aircraft" means an aircraft other than a powered aircraft.

"variant" : see regulation 61.010.

"very light aeroplane" means an aeroplane of a kind mentioned in clause CS-VLA 1 of EASA CS-VLA, as in force from time to time.

"very small RPA" : see regulation 101.022.

"V SO " means the stalling speed or the minimum steady flight speed in the landing configuration.

Source         FARs section 1.2.

1   Parts and materials excluded from the definition of aeronautical product

             (1)  For the definition of aeronautical product in section 3 of the Act, a part or material that is part of or used in an aircraft is excluded if:

                     (a)  the part or material:

                              (i)  is not mentioned in the approved design for the aircraft; and

                             (ii)  is not approved in a manner mentioned in regulation 21.305 or 21.305A; or

                     (b)  the part or material is mentioned in a legislative instrument issued under subclause (2).

             (2)  For subsection 98(5A) of the Act, CASA may issue a legislative instrument that specifies that a part or material is excluded from the definition of aeronautical product in section 3 of the Act.

3   Definition of air transport operation

             (1)  Air transport operation means a passenger transport operation, or a cargo transport operation, that:

                     (a)  is conducted for hire or reward; or

                     (b)  is prescribed by an instrument issued under regulation 201.025.

             (2)  However, an operation conducted for a purpose mentioned in paragraph 206(1)(a) of CAR is not an air transport operation .

5   When an aircraft is airworthy

Note:          This clause is reserved for future use.

15   Reference to Annexes to Chicago Convention

                   In these Regulations, a reference to an Annex to the Chicago Convention is a reference to that Annex as in force from time to time.

18   Meaning of authorised release certificate

             (1)  For the purposes of CAR:

"authorised release certificate" , for an aircraft component, means a document that complies with regulation 42WA of CAR.

             (2)  For the purposes of CASR:

"authorised release certificate" , for an aeronautical product, means:

                     (a)  if maintenance has not been carried out on the product since its manufacture, and the manufacture of the product was permitted by or under Part 21--a document:

                              (i)  issued by the manufacturer of the product; and

                             (ii)  that includes a statement to the effect that the product is serviceable, within the meaning given by subregulation 42.015(1); or

                     (b)  if maintenance has not been carried out on the product since its manufacture, and the manufacture of the product was permitted by the law of a foreign country--a document of a kind specified in the Part 42 Manual of Standards as being equivalent to a document mentioned in paragraph (a); or

                     (c)  if maintenance has been carried out on the product under these Regulations--a certificate of release to service for the product in relation to the maintenance issued under Division 42.H.4 that is in the approved form; or

                     (d)  if maintenance has been carried out on the product under the law of a foreign country--a document of a kind specified in the Part 42 Manual of Standards as being equivalent to a document mentioned in paragraph (c).

Note 1:       For paragraph (a), Part 21 permits the manufacture of aeronautical products in a number of ways, including under APMAs, ATSO authorisations, type certificates and production certificates.

Note 2:       For paragraph (c):

(a)    a certificate of release to service for an aeronautical product in relation to maintenance carried out on an aeronautical product that is not in-house maintenance must be in the approved form: see subregulation 42.810(1); and

(b)    a certificate of release to service for an aeronautical product in relation to in-house maintenance carried out on an aeronautical product must either be in the approved form or be in the form of an in-house release document: see subregulation 42.810(2).

25   Extended meaning of charged with in relation to certain offences

             (1)  In these Regulations:

"charged with" has, in addition to its ordinary meaning, the meaning given by subclause (2).

             (2)  For the purposes of these Regulations, a person is taken to have been charged with a psychoactive substance offence if:

                     (a)  a law provides for the issue, in relation to the offence, of an expiation notice; and

                     (b)  such a notice is issued to the person in relation to the offence.

35   Extended meaning of convicted

             (1)  In these Regulations:

"convicted" has, in addition to its ordinary meaning, the meaning given by subclauses (2), (3) and (4).

             (2)  For the purposes of these Regulations, a person is taken to have been convicted of an alleged offence if:

                     (a)  the person has not been found guilty of the offence but asks for the offence to be taken into account when being sentenced for another offence; or

                     (b)  the person has been found guilty of the offence but discharged without conviction.

             (3)  In addition, a person is taken to have been convicted of a psychoactive substance offence if:

                     (a)  a law provides for the issue, in relation to the offence, of an expiation notice; and

                     (b)  such a notice was issued to the person in relation to the offence; and

                     (c)  the person paid the penalty required by the notice.

             (4)  However, a conviction that is spent (within the meaning of Part VIIC of the Crimes Act 1914 ), or has been quashed, is not taken to be a conviction for the purposes of these Regulations.

36  References to particular kinds of flight crew licences, ratings and endorsements

                   A reference in these Regulations to a particular kind of flight crew licence, rating or endorsement:

                     (a)  means a flight crew licence, rating or endorsement of that kind that may be granted under Part 61 (Flight crew licensing); and

                     (b)  includes a certificate of validation of an overseas flight crew licence that is equivalent to that kind of flight crew licence, rating or endorsement.

Example 1:        For paragraph (a), a reference to a commercial pilot licence is a reference to a commercial pilot licence granted under Part 61.

Example 2:        For paragraph (a), a reference to an aeroplane low-level endorsement is a reference to an aeroplane low-level endorsement granted under Part 61.

Example 3:        For paragraph (b), a reference to a commercial pilot licence includes a reference to a certification of validation of an overseas flight crew licence that is equivalent to a commercial pilot licence granted under Part 61.

37   References to flight manual

             (1)  A reference in these Regulations to an aircraft's flight manual :

                     (a)  is a reference to:

                              (i)  if the aircraft's type certification basis required the provision of an aircraft flight manual--that manual; or

                             (ii)  if regulation 21.005 applies to the aircraft--the manual that must be given to the owner of the aircraft under that regulation; or

                            (iii)  for an aircraft not mentioned in subparagraph (i) or (ii)--another document that contains the aircraft's operating limitations and other information required for safe operation of the aircraft; and

                     (b)  includes each amendment to the flight manual that:

                              (i)  is approved by CASA, an authorised person or an approved design organisation under regulation 21.006A; or

                            (ia)  is approved by a person mentioned in subclause (2); or

                             (ii)  is made at the direction of CASA under Subpart 11.G; or

                            (iii)  relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the national aviation authority that issued the foreign type or supplemental type certificate; and

                     (c)  includes each supplement to the flight manual that:

                              (i)  is approved by CASA, an authorised person or an approved design organisation under regulation 21.006A; or

                            (ia)  is approved by a person mentioned in subclause (2); or

                             (ii)  is made at the direction of CASA under Subpart 11.G; or

                            (iii)  relates to a foreign type certificate in relation to which CASA has issued a type acceptance certificate or a foreign supplemental type certificate, and is approved by the national aviation authority that issued the foreign type or supplemental type certificate.

             (2)  For subparagraphs (1)(b)(ia) and (1)(c)(ia), the persons are the following:

                     (a)  if there is an agreement (however described) between Australia and a Contracting State for the acceptance of approvals of changes to aircraft flight manuals--the national aviation authority of the Contracting State, or a person authorised to do so by the national aviation authority;

                     (b)  if there is an agreement (however described) between CASA and the national aviation authority of a Contracting State for the acceptance of approvals of changes to aircraft flight manuals--the national aviation authority or a person authorised to do so by the national aviation authority.

40   References to operating an aircraft in an area

                   In these Regulations, a reference to operating an aircraft in an area is a reference to operating the aircraft in the airspace above the area.

45   References to EASA certification specifications

                   In these Regulations, a reference to EASA, followed by the letters CS, a hyphen and a number, letter or letters, is a reference to the certification specifications, including airworthiness codes and acceptable means of compliance, produced by EASA and identified by that number, letter or letters.

50   References to pilot-in-command

Note:          This clause is reserved for future use.

60   Meaning of psychoactive substance

             (1)  In these Regulations:

"psychoactive substance" has, subject to subclause (2), the meaning given by section 1.1 of Annex 1, Personnel Licensing , to the Chicago Convention.

Note:          The definition in that Annex is:

                   Psychoactive substances . Alcohol, opioids, cannabinoids, sedatives and hypnotics, cocaine, other psychostimulants, hallucinogens, and volatile solvents, whereas coffee and tobacco are excluded.

             (2)  To avoid doubt, in these Regulations:

"psychoactive substance" :

                     (a)  includes:

                              (i)  a therapeutic substance that is a psychoactive substance within the meaning given by Annex 1 to that Convention; and

                             (ii)  a therapeutic substance of which a psychoactive substance (within the meaning given by that Annex) is an ingredient; but

                     (b)  does not include:

                              (i)  tea, cocoa, chocolate or any other non-alcoholic drink containing caffeine or guarana; or

                             (ii)  confectionery containing caffeine or guarana.

             (3)  In paragraph (a) of the definition of psychoactive substance in subclause (2):

"therapeutic substance" means a substance that is therapeutic goods, within the meaning given by the Therapeutic Goods Act 1989 .

65   Recognised foreign training providers

Note:          This clause is reserved for future use.

1   General

                   In this Part, Parts 42, 66, 145 and 147, and Subparts 202.BA, 202.CG, 202.GE and 202.GG:

"aircraft type training" , for a rating, means the training for the rating delivered by a maintenance training organisation in accordance with a course plan for the training approved by CASA under regulation 147.030.

"approval rating" :

                     (a)  for a Subpart 42.F organisation--has the meaning given by subregulation 42.015(1); and

                     (b)  for a Part 145 organisation--has the meaning given by subregulation 145.010(1).

"approved maintenance organisation" means a Subpart 42.F organisation or a Part 145 organisation.

"aviation industry standard" means a document specified in the Part 42 Manual of Standards as an aviation industry standard.

"base maintenance" , for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation's exposition as being base maintenance for the organisation.

"CAR maintenance activities" means the following activities conducted under Part 4A of CAR:

                     (a)  carrying out maintenance on a registered aircraft to which Part 42 does not apply, or on an aircraft component or aircraft material for an aircraft of that kind;

                     (b)  certifying the completion of maintenance carried out on an aircraft or aircraft component;

                     (c)  issuing a maintenance release for an aircraft;

                     (d)  endorsing a maintenance release for an aircraft;

                     (e)  issuing an authorised release certificate for an aircraft component.

"CAR maintenance activities subcontractor" , for an approved maintenance organisation: see clause 21.

"carries out maintenance" , in relation to an approved maintenance organisation, has the meaning given by subclause 5(5).

"carrying out maintenance on an aeronautical product" has the meaning given by subclause 5(2).

"carrying out maintenance on an aircraft" has a meaning affected by clause 5.

"category A licence" means a subcategory A1, A2, A3 or A4 aircraft engineer licence.

category B1 licence means a subcategory B1.1, B1.2, B1.3 or B1.4 aircraft engineer licence.

category B2 licence means a category B2 aircraft engineer licence.

"category C licence" means a category C aircraft engineer licence.

"category training" , for a category A, B1 or B2 licence, means training in the required units of competency for the licence or rating.

"certification authorisation" means an authorisation that an approved maintenance organisation grants to an individual in accordance with the Part 42 Manual of Standards or the Part 145 Manual of Standards to do either or both of the following on behalf of the organisation:

                     (a)  perform maintenance certifications;

                     (b)  issue certificates of release to service.

"certifying employee" , for particular maintenance, means an individual who holds a certification authorisation that is in force from an approved maintenance organisation for the maintenance.

"employee" , in relation to an approved maintenance organisation, includes:

                     (a)  a maintenance services subcontractor; and

                     (b)  a CAR maintenance activities subcontractor.

"excluded State" means a foreign country specified as an excluded State in the Part 66 Manual of Standards.

"exempt public authority" has the meaning given by section 9 of the Corporations Act 2001 .

"foreign company" means:

                     (a)  a body corporate:

                              (i)  that is incorporated in an external Territory, or outside Australia and the external Territories; and

                             (ii)  that is not an exempt public authority; or

                     (b)  an unincorporated body that:

                              (i)  is formed in an external Territory, or outside Australia and the external Territories; and

                             (ii)  under the law of its place of formation, may sue or be sued, or may hold property in the name of its secretary or of an officer of the body duly appointed for that purpose; and

                            (iii)  does not have its head office or principal place of business in Australia.

"foreign licence" means:

                     (a)  a licence that:

                              (i)  is granted under a national aviation law of a foreign country, other than a foreign country that is an excluded State; and

                             (ii)  complies with Annex 1, Personnel Licensing , to the Chicago Convention; and

                            (iii)  deals with the provision of maintenance services; or

                     (b)  an authorisation that:

                              (i)  is issued by a foreign company, other than a foreign company incorporated or formed in an excluded State; and

                             (ii)  deals with the provision of maintenance services; or

                     (c)  a licence mentioned in paragraph (a) and an authorisation mentioned in paragraph (b) that together deal with the provision of maintenance services.

"instructions for continuing airworthiness" , for an aircraft or aeronautical product, has the meaning given by clause 10.

"large aircraft" means:

                     (a)  an aeroplane that:

                              (i)  has a maximum take-off weight of more than 5 700 kg; and

                             (ii)  is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b)(ii) of the definition of small aircraft ; or

                     (b)  an aeroplane that:

                              (i)  has a maximum take-off weight of not more than 5 700 kg; and

                             (ii)  is of a type and model specified in the Part 42 Manual of Standards as a large aircraft; or

                     (c)  a helicopter that:

                              (i)  has more than 1 engine; and

                             (ii)  is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d)(ii) of the definition of small aircraft ; or

                     (d)  a helicopter that:

                              (i)  has only 1 engine; and

                             (ii)  is of a type and model specified in the Part 42 Manual of Standards as a large aircraft.

"line maintenance" , for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation's exposition as being line maintenance for the organisation.

"maintenance certification" means a certification performed under Division 42.H.2.

"maintenance data" has the meaning given by clause 15.

"maintenance services" means the following:

                     (a)  carrying out maintenance on an aircraft or an aeronautical product;

                     (b)  performing maintenance certification for maintenance carried out on an aircraft;

                     (c)  issuing a certificate of release to service for an aircraft or aeronautical product in relation to maintenance carried out on the aircraft or aeronautical product.

"maintenance services subcontractor" , for an approved maintenance organisation, has the meaning given by clause 20.

"maintenance training" means category training or aircraft type training.

"maintenance training organisation" means a person who holds an approval under regulation 147.030 that is in force.

Part 66 Manual of Standards means the Manual of Standards issued by CASA under regulation 66.015.

Part 145 Manual of Standards means the Manual of Standards issued by CASA under regulation 145.015.

Part 147 Manual of Standards means the Manual of Standards issued by CASA under regulation 147.015.

"permitted aircraft type" means an aircraft type, within the meaning given by regulation 66.010, specified in the Part 66 Manual of Standards as one for which an approved maintenance organisation may arrange for the manufacturer of the aircraft or the aircraft engine to provide training and assessment.

"permitted training" means:

                     (a)  training and assessment for an aircraft type, within the meaning given by regulation 66.010, aircraft system or subset of an aircraft system specified in the Part 66 Manual of Standards as one for which a Part 145 organisation may provide training and assessment; or

                     (b)  training and assessment for a permitted aircraft type.

"provides" has the meaning given by clause 25.

"rating" means an authorisation granted under regulation 66.080 or 66.095, being a permission:

                     (a)  to perform maintenance certification, under a category B1 or B2 licence, for maintenance carried out on a particular aircraft type; or

                     (b)  to issue a certificate of release to service, under a category B1, B2, or C licence, for an aircraft of a particular aircraft type in relation to maintenance carried out on the aircraft.

"recognised State" means a foreign country specified as a recognised State in the Part 66 Manual of Standards.

"small aircraft" means:

                     (a)  an aeroplane that:

                              (i)  has a maximum take-off weight of not more than 5 700 kg; and

                             (ii)  is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b)(ii) of the definition of large aircraft; or

                     (b)  an aeroplane that:

                              (i)  has a maximum take-off weight of more than 5 700 kg; and

                             (ii)  is of a type and model specified in the Part 42 Manual of Standards as a small aircraft; or

                     (c)  a helicopter that:

                              (i)  has only 1 engine; and

                             (ii)  is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d)(ii) of the definition of large aircraft ; or

                     (d)  a helicopter that:

                              (i)  has more than 1 engine; and

                             (ii)  is of a type and model specified in the Part 42 Manual of Standards as a small aircraft.

"specialist maintenance" means:

                     (a)  for a Subpart 42.F organisation:

                              (i)  maintenance specified in the Part 42 Manual of Standards as specialist maintenance; and

                             (ii)  maintenance that CASA has approved in the organisation's exposition as being specialist maintenance for the organisation; and

                     (b)  for a Part 145 organisation:

                              (i)  maintenance specified in the Part 145 Manual of Standards as specialist maintenance; and

                             (ii)  maintenance that CASA has approved in the organisation's exposition as being specialist maintenance for the organisation.

Subpart 42.F organisation means a person who holds an approval under regulation 42.515 that is in force.

"supervising" , in relation to maintenance being carried out, has the meaning given by clause 30.

"type rated aircraft type" , for an aircraft engineer licence, means an aircraft type, within the meaning given by regulation 66.010, specified in the Part 66 Manual of Standards as a type rated aircraft type for the licence.

"unit of competency" means a unit of the Australian Qualifications Framework Aeroskills Training Package, as in force from time to time.

5   Definitions relating to carrying out maintenance

Meaning of carrying out maintenance on an aircraft

             (1)  A reference to carrying out maintenance on an aircraft includes:

                     (a)  carrying out maintenance on an aeronautical product that is fitted to the aircraft at the time the maintenance is carried out; and

                     (b)  carrying out maintenance on an aeronautical product that is not fitted to the aircraft at the time the maintenance is carried out, in the circumstances mentioned in subclause (3) or (4).

Meaning of carrying out maintenance on an aeronautical product

             (2)  A reference to carrying out maintenance on an aeronautical product is a reference to carrying out maintenance on an aeronautical product that is not fitted to an aircraft at the time the maintenance is carried out, other than in the circumstances mentioned in subclause (3) or (4).

             (3)  The circumstances are that:

                     (a)  the aeronautical product (the removed product ) is removed from a location on the aircraft; and

                     (b)  the removal of the removed product is permitted, by the maintenance data for maintenance to be carried out on the removed product, for the purpose of improving access for the carrying out of maintenance on that product; and

                     (c)  the removed product is returned to the same location on the aircraft at the completion of the maintenance for which it was removed.

             (4)  The circumstances are that:

                     (a)  the aeronautical product (the removed product ) is removed from a location on the aircraft; and

                     (b)  the removal of the removed product is for the purpose of carrying out maintenance that is necessary to rectify a defect in the removed product; and

                     (c)  the maintenance data for the maintenance does not require the use of specified tools or equipment for carrying out the maintenance; and

                     (d)  the removed product is returned to the same location on the aircraft at the completion of the maintenance; and

                     (e)  the serviceability of the removed product can be tested, using an aircraft system, after the removed product is returned to the aircraft.

Carrying out of maintenance by approved maintenance organisations

             (5)  An approved maintenance organisation carries out maintenance if the maintenance is carried out on the organisation's behalf by an individual.

10   Meaning of instructions for continuing airworthiness

             (1)  Instructions for continuing airworthiness , for an aircraft or aeronautical product, means written instructions, as in force from time to time:

                     (a)  that specify requirements, procedures and standards for the continuing airworthiness of the aircraft or aeronautical product; and

                     (b)  that are:

                              (i)  issued by any of the persons mentioned in subclause (2); or

                             (ii)  for an aircraft or aeronautical product for which there is a design for a modification or repair that is taken to have been approved under subregulation 21.465 or 21.470--included, or referred to, in the document that contains the design.

             (2)  The persons are the following:

                     (a)  the holder of the type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate for the aircraft or aeronautical product;

                     (b)  the holder of any of the following for the design of a modification of, or a repair to, the aircraft or aeronautical product:

                              (i)  a modification/repair design approval; or

                             (ii)  an approval mentioned in regulation 21.475; or

                            (iii)  an approval that continues in force under regulation 202.054, 202.055 or 202.056;

                     (c)  the manufacturer of the aircraft or aeronautical product.

15   Meaning of maintenance data

             (1)  Subject to subclauses (2), (3) and (4), maintenance data , for maintenance to be carried out on an aircraft or aeronautical product, means procedures for carrying out the maintenance, as in force from time to time, that are mentioned in:

                     (a)  the instructions for continuing airworthiness for the aircraft or aeronautical product; or

                     (b)  if the instructions for continuing airworthiness do not include procedures for carrying out the maintenance--an aviation industry standard that applies to the maintenance.

             (2)  Subject to subclauses (3) and (4), if, at a particular time:

                     (a)  a Part 145 organisation is carrying out maintenance on an aircraft or aeronautical product; and

                     (b)  the organisation has written a procedure for carrying out the maintenance;

then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the organisation.

             (3)  Subject to subclause (4), if, at a particular time:

                     (a)  a continuing airworthiness management organisation is providing continuing airworthiness services for an aircraft; and

                     (b)  the organisation has written a procedure for carrying out the maintenance on the aircraft or on an aeronautical product fitted to the aircraft;

then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the aircraft or aeronautical product.

             (4)  If, at a particular time, an airworthiness directive that applies to an aircraft or aeronautical product mentions a procedure for carrying out the maintenance, then, at that time, the procedure in the airworthiness directive is the maintenance data for the maintenance.

20   Meaning of maintenance services subcontractor

             (1)  A person is a maintenance services subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to provide maintenance services on behalf of the organisation.

             (2)  An employee of a maintenance services subcontractor under subclause (1) is also a maintenance services subcontractor .

21   Meaning of CAR maintenance activities subcontractor

             (1)  A person is a CAR maintenance activities subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to undertake CAR maintenance activities on behalf of the organisation.

             (2)  An employee of a CAR maintenance activities subcontractor under subclause (1) is also a CAR maintenance activities subcontractor .

25   Meaning of provides

                   An organisation provides any of the following services or training if its employees provide the service or training for or on behalf of the organisation:

                     (a)  maintenance services;

                     (b)  permitted training;

                     (c)  continuing airworthiness management services;

                     (d)  maintenance training.

30   Meaning of supervising

                   A person (the supervisor ) is supervising the carrying out of maintenance done by another person if the supervisor:

                     (a)  is physically present at the place that the maintenance is being carried out; and

                     (b)  is observing the maintenance being carried out to the extent necessary to enable the supervisor to form an opinion as to whether the maintenance is being carried out properly; and

                     (c)  is available to give advice to, and answer questions about the maintenance from, the person carrying it out.




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