Civil Aviation Amendment Order (No. R92) 2004 - Civil Aviation Order 101.28 - Airworthiness certification requirements - Amateur-built category aeroplanes (12/12/2004) (Cth)

Civil Aviation Amendment Order (No. R92) 2004

I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under paragraph 21.190 (1) (b) of the Civil Aviation Safety Regulations 1998.

[Signed Bruce Byron]

Bruce Byron Director of Aviation Safety and Chief Executive Officer

12 December 2004

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1 Name of Order This Order is the Civil Aviation Amendment Order (No. R92) 2004. 2 Commencement This Order commences on gazettal. 3 Replacement of section 101.28 of the Civil Aviation Orders Section 101.28 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.

Schedule 1 Substitution of section 101.28 of the Civil Aviation Orders

SECTION 101.28

AIRWORTHINESS CERTIFICATION REQUIREMENTS — AMATEUR-BUILT CATEGORY AEROPLANES 1 APPLICATION 1.1 This section applies to an aeroplane (not being a powered sailplane): (1) of which more than 50% is to be built by a person, or persons, who is, or are, resident in Australia or in Australian territory; and (2) that is to be built for educational or recreational purposes; and (3) that has a maximum take-off weight not greater than: (a) in the case of an aeroplane other than a seaplane — 544 kg; or (b) in the case of a seaplane with a single seat — 579 kg; or (c) in the case of a seaplane with 2 seats — 614 kg; and (4) that does not have more than 4 seats; and (5) in which the stalling speed VSO at maximum take-off weight does not exceed: (a) in the case of an aeroplane with a type certificated engine — 61 knots CAS; or (b) in any other case — 55 knots CAS; and (6) in respect of which an application is to be made for the issue of a certificate of airworthiness in the amateur-built category. 1.3 In the absence of acceptable data regarding its stalling speed, an aeroplane shall be deemed to comply with the relevant stalling speed limitations of paragraph 1.1 if its maximum wing loading does not exceed the appropriate limit listed below: (1) for aeroplanes fitted with type certificated engine(s): (a) 65 kg/m2 with a flap area of less than 6% gross wing area; or (b) 80 kg/m2 with a flap area of at least 6% gross wing area; (2) for aeroplanes fitted with non-type certificated engine(s): (a) 55 kg/m2 with a flap area of less than 6% gross wing area; or (b) 65 kg/m2 with a flap area of at least 6% gross wing area. 2 DEFINITIONS Unless a contrary intention is apparent, terms used in this section shall have the same meanings as defined in the airworthiness requirements of the country in which the aeroplane was originally certificated. 3 DESIGN STANDARDS GENERAL 3.1 CASA may modify the design standards to be met if it considers that the standards specified in this subsection do not adequately relate to particular features or characteristics of an aeroplane type. 3.2 Non-compliance with a design standard may be accepted if it can be shown to CASA's satisfaction that such non-compliance is compensated for by factors that provide an equivalent level of safety. 3.3 Subject to paragraphs 3.4.2 and 3.4.3, an aeroplane of Australian design must comply with the design standards specified in paragraph 3.5 and subsequent of this subsection and with the design standards specified in Federal Aviation Regulation Part 23 of the United States of America or British Civil Airworthiness Requirements Section K, modified to the extent CASA considers acceptable with regard to their application to the particular design. 3.4 Subject to paragraphs 3.4.2 and 3.4.3, an aeroplane of overseas design must comply with the design standards specified in paragraphs 3.5 and subsequent of this subsection. 3.4.1 Flight Handling Qualities An aeroplane to which this section applies must comply with the requirements of 1 of the following design standards in relation to flight handling qualities: (a) British Civil Airworthiness Requirements Section S; (b) Federal Aviation Regulations Part 23; (c) Joint Aviation Requirements JAR-VLA (Very Light Aeroplanes). Note: The Civil Aviation Safety Authority publication "Flight Test Guide for Certification of CAO 101.28 Category Aeroplanes" contains information on compliance with the requirements of the standards referred to in paragraph 3.4.1. 3.4.2 In spite of paragraphs 3.3 and 3.4, CASA may, in writing, exempt a particular aeroplane, or a class of aeroplanes, to which this section applies from compliance with specified provisions of this section. 3.4.3 An exemption under paragraph 3.4.2 is subject to the aeroplane exempted complying with such requirements (if any) as CASA specifies in the exemption as being necessary in the interests of safety and having regard to the purposes for which the aeroplane is to be used. FLIGHT 3.5 Stalling speeds