Notice
of Proposed Rule Making
NPRM
9807RP
Registration
of Aircraft
Civil
Aviation Safety Regulation (CASR) Part 47
Notice
of Proposed Rule Making
NPRM
9807RP
Registration
of Aircraft
Civil
Aviation Safety Regulation (CASR) Part 47
In
June 1996, the Civil Aviation Safety Authority
(CASA) initiated the Regulatory Framework
Program which has, as its principal objective,
the complete review and revision of the
Australian aviation safety requirements
currently contained in the Civil Aviation
Regulations (CARs) and the Civil Aviation Orders
(CAOs). The
proposed new legislation will be called the
Civil Aviation Safety Regulations (CASRs).
The
CASRs will consolidate into one body of rules,
the safety requirements currently contained in
the CARs and CAOs, thereby reducing the number
of levels of legislation under the Civil
Aviation Act.
The development of the CASRs is a joint
industry and CASA initiative.
This
NPRM contains a proposal to introduce CASR Part
47 - Registration of Aircraft to replace the
requirements of the existing CAR Part Ill -
Division I- Aircraft Register, Division 1A -
Registration of Aircraft, Division 1B -
Notifying CASA of certain matters, Division 1C -
Expiry, suspension and cancellation of
registration, etc., and Division 1D -
Miscellaneous.
The
significant changes contained in the proposal
are that registration may be approved at the
request of the owner, by facsimile, telephone or
written means and the availability of
"dealer's" certificates of
registration and registration marks. The latter
replacing the "trade plate" system in
use prior to 1992.
These provisions introduce flexibility to
the registration process and generally harmonise
with the requirements of the US. Code of Federal
Regulations (FARs) Part 47. The proposals also seek to
implement practices which result in safety
resources being most effectively allocated to
ensure optimum safety and participation levels
in aviation.
You
are invited to respond to this proposal using
the response sheet in this NPRM. The closing date for comments
is 25th
September 1998. A summary of the responses will
be prepared subsequent to the closing date and
made available in conjunction with the making of
the final rule.
Finally,
I would like to thank you in advance for taking
the time to respond to this proposal, and wish
to stress that no action will be taken on this
proposal until all responses and submissions
have been considered.
Signed
Mick
Toller
Director
of Aviation Safety
4
August 1998
|
INTRODUCTION
................................................................. |
1 |
|
TABLE OF CONTENTS
........................................................ |
3 |
|
TERMINOLOGY
.................................................................. |
5 |
|
DEFINITIONS
..................................................................... |
6 |
|
THE PROPOSAL
................................................................. |
7 |
|
1.
Problem............................................................................... |
7 |
|
2.
Objective
............................................................................. |
7 |
|
3.
Options
............................................................................... |
8 |
|
4.
Impact analysis of
options.................................................... |
8 |
|
Persons
affected
............................................................... |
8 |
|
Effect
on existing regulation
............................................. |
9 |
|
Expected
impact (benefits or costs), distribution
effects and persons affected
........................................................ |
9 |
|
Effect
on the environment by implementing this
proposal.. |
10 |
|
Compliance
...................................................................... |
10 |
|
5.
Consultation
....................................................................... |
11 |
|
6.
How to submit comments on this NPRM
............................. |
11 |
|
7.
Disposition of comments received
....................................... |
11 |
|
RESPONSE SHEET
............................................................. |
13 |
|
ANNEX A
DRAFT REGULATIONS - CASR PART 47
.............. |
A1 |
|
ANNEX B
PROPOSED DRAFT AMENDMENTS AND
SAVING PROVISIONS
...................................................................... |
B1 |
|
ANNEX C
DRAFT ADVISORY CIRCULAR - AC
47.1(0) ......... |
C1 |
|
ANNEX D
CAR/CASR COMPARISON TABLE
....................... |
D1 |
AC
Advisory
Circular
AD
Airworthiness Directive
CAA
Civil Aviation Authority
CAAP
Civil Aviation Advisory Publication
CAO
Civil Aviation Order
CAR
Civil Aviation Regulation
CASA
Civil Aviation Safety Authority
CASR
Civil Aviation Safety Regulation
FAA
Federal Aviation Administration of the
USA
FAR
Federal Aviation Regulations of the USA
ICAO
International Civil Aviation Organisation
JAR
Joint Aviation Requirements of the
European Joint Aviation Authorities
NAA
National Airworthiness Authority
NPRM
Notice of Proposed Rule Making
SAR
Search and Rescue
US
United States of America
Definitions used in this NPRM have the following meanings:
approved:
means approved by CASA;
balloon:
means an unpowered, lighter-than-air aircraft;
certificate
of registration: in relation to an aircraft,
means the certificate given under regulation
47.11 or 47.13 in respect of the aircraft;
Civil
Aircraft Register: means the register
established and maintained under regulation
47.2;
class:
in relation to an aircraft— refer Appendix 3
of AC 47-1(0);
dealer’s
registration mark: means a registration mark
assigned to an aircraft manufacturer,
distributor or dealer under regulation 47.21;
glider:
means
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;
heavier-than-air
aircraft:
is the generic term for aircraft that derive
their lift in flight chiefly from aerodynamic
forces;
kite:
means a glider normally moored
to the ground;
lighter-than-air
aircraft: is
the generic term for aircraft that are supported
chiefly by their buoyancy in the air;
manned balloon: means
a balloon that:
(a) is capable of carrying one
or more persons; and
(b) is equipped with controls
that enable control of the altitude of the
balloon;
owner:
in relation to an aircraft,
means the person who has possession and control
of the aircraft;
powered
aircraft: means an aircraft that is
propelled by one, or more than one, engine;
recreational
unmanned aircraft: means
an aircraft that:
(a) is not designed for, or
capable of, accommodating a person; and
(b)
is used only for sport and recreation;
registration
mark: means
a registration mark assigned to an aircraft
under regulation 47.4;
registered
operator: in
relation to an aircraft, means the person whose
name is entered in the Civil Aircraft Register
as that of the owner of the aircraft;
rotorcraft:
means
a heavier-than-air aircraft that depends
principally for its support in flight on the
lift generated by one or more than one rotor;
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;
unmanned
balloon *: means
a balloon other than a manned balloon;
unpowered
aircraft:
means an aircraft other than a powered aircraft.
*
Unmanned
free balloons are not classified as aircraft in
Australia, therefore the international standards
3.2.5, 4.1.2 and of Annex 7 to the Convention on
Civil Aviation, “Aircraft Nationality and
Registration Marks”
cannot be applied in Australia.
Accordingly, ICAO will be advised as a
“difference”.
Australia's
aviation safety requirements are currently
contained in the Civil Aviation Act 1988, Civil
Aviation Regulations (CARs) and Civil Aviation
Orders (CAOs).
Over
the years, the CARs and CAOs have been
continually amended. Concerns have been raised
that as the result of these changes, the
Australian regulations are at times ambiguous,
disjointed, not in conformance with worlds best
practice, and difficult to comply with and
enforce.
The
purpose of this Notice of Proposed Rule Making
(NPRM) is to:
·
simplify the aircraft
registration procedures
·
clearly identify the
person in possession of the aircraft as the
person responsible for airworthiness control of
the aircraft
·
remove the need to record
property interest details in the Civil Aircraft
Register
·
initiate formal public
consultation on the proposed CASR Part 47 -
Registration of Aircraft
·
replace the current CAR
Part Ill - Division 1 - Aircraft Register,
Division 1A - Registration of Aircraft,
Division 1B - Notifying CASA of certain
matters, Division 1C - Expiry , suspension and
cancellation of registration, etc. and Division
1D - Miscellaneous; and
·
put in place related
regulations necessary to enact the proposed
CASRs.
The
objective of this NPRM is to introduce a
simplified system for the registration of
aircraft that complies with:
a). the recommendations of
ICAO Annex 7 regarding the regulations and
practices for the registration of aircraft, including the requirements for
the:
·
application for
registration
·
exemption from
registration requirements
·
assignment of
registration marks
·
Certificate of
Registration document
·
duration of registration
·
notification of change of
registered particulars
·
replacement Certificate
of Registration
·
dealer’s Certificates
of Registration
·
dealer’s registration
marks: and
·
the use of dealer’s
registration marks.
b). legislation to address the
requirements for aircraft registration in a
manner consistent with the work being conducted
to revise all the Australian aviation safety
regulations under the auspices of CASA’s
Regulatory Framework Program.
Accordingly,
a number of regulatory criteria have been
identified to guide the development of the
CASRs.
These
are that the new legislation should:
·
focus on safety, adopting
a "safety systems" approach,
·
be clear, concise and
unambiguous;
·
be consistent with
Australia's international obligations;
·
be harmonised with
international standards, unless unique
Australian circumstances require otherwise;
·
be outcome-based, to the
extent practicable;
·
be cost effective; and
·
be enforceable.
CASA
has adopted a set of principles which it uses to
ensure consistency in its day-to-day activities.
One of these principles is the adoption
of international standards and practices as a
starting point for legislation and process
development, and modification only where the
unique Australian context warrants.
Consequently
in considering the development of the proposed
legislation, the Regulatory Framework Program
Aircraft Maintenance Technical Committee (TC7)
reviewed the ICAO Recommendations and practices,
under Annex 7, US FARs, JARs of the European
Joint Aviation Authorities, and the New Zealand
and Canadian Aviation Safety Regulations, prior
to making recommendations for regulatory change
in Australia.
The
introduction of the proposed CASR Part 47 will
allow CASA to process application for
registration of an aircraft in a more efficient
and flexible manner and will ensure
harmonisation principally with Part 47 of the
Federal Aviation Regulations (FARs) of the
United States of America.
Adoption
of this proposal will simplify procedures by
removing unnecessary administrative legislation
identified in the existing CARs while at the
same time maintain Australia's high standards of
safety.
Industry
The
persons affected in industry are the owners and
registered operators of aircraft.
The distinction between the “owner”
and “registered operator” defined above is
that an applicant for registration of an
aircraft may be the owner, a group of owners or
a body corporate. Notwithstanding who the owner
is, once the aircraft details have been placed
on the Civil Aircraft Register, the regulations
refer to the owner as the
“registered operator”, replacing the
current terminology of “Certificate of
Registration” holder.
Note: Property interest details
currently recorded in the Civil Aircraft
Register will no longer be recorded under this
proposal.
CASA
Administration
As
the result of the simplification process, it is
proposed that aircraft registration will be
centralised within CASA Central Office, which
will release CASA Administrative Officers
employed in District Offices for other duties.
The
proposed areas of legislative change separate
the requirements for registration of an aircraft
under CASR Part 47 from CASR Part 45 which will
deal with the size and location of registration
marking on aircraft and the requirements for a
fireproof aircraft registration identification
plate. This information is currently covered in
Part III of CAR's and has in the past resulted
in difficulties of interpretation.
The
proposed draft Regulations for CASR Part 47 is
set out in Annex A to this NPRM.
As
the intention is to introduce CASR Part 47 into
the existing regulatory framework, cross
reference to existing CARs etc. will be
necessary until the CARs are totally replaced,
therefore this NPRM also contains a number of
consequential amendments necessary to bring into
effect CASR Part 47.
These include:
·
which CARs will be
repealed;
·
which legislation will be
"saved"; and
·
ensuring that the current
Certificates of Registration remain valid.
These
proposed consequential amendments are contained
in the Civil Aviation (Savings, Transition
and Amendment) Regulations which are
attached at Annex B to this NPRM.
A
draft copy of Advisory Circular AC 47.1(0) is
shown at Annex C to this NPRM.
For
ease of reference, a comparison table showing
the equivalence between CASR Part 47 and the
current CAR's is specified in Annex D of
this NPRM.
The
nature of the proposed change is geared to
simplifying aircraft registration through
implementation of a new set of regulations, CASR
Part 47. One
of the major changes is the provision that at
the request of the owner, by facsimile or
telephone, registration may be approved.
Another
innovation is the provision of
"dealer's" certificates of
registration and registration marks, replacing
the "trade plate" system in use prior
to 1992. This
provision reintroduces flexibility lost by the
current regulations.
Costs
to CASA
Based
on information supplied by the CASA Finance
Branch, the cost of registration transactions
over a two hundred and sixty six (266) day
period, July 1/1997 to March 23/1998,
shows that nationally CASA received
requests for:
1.
303
new aircraft registrations
2.
984
changes to the Certificate of Registration
3.
60
requests for changes to registration marks; and
4.
140
cancellations
of Certificate of Registration.
Allowing
for a time factor of 30 minutes per transaction
for items 1, 2, and 3 and 15 minutes for item 4,
at an average salary of $13.82 per hour,
(based on summation of hourly rates of
seventeen (17) registration offices —
$235 divided by 17)
this translates into:
·
1487
transactions;
·
708.5
hours; equating with
·
a
total cost of $9907.65.
It
is expected that by centralising registration
procedures, this intermediate processing cost
incurred in District Airworthiness offices and
any salary, where a person is specifically
employed to administrate aircraft registration
matters, could be saved.
Of
further consideration is the proposed CASA costs
covering the administrative cost of maintaining
the Civil Aircraft Register, as set out in the
CASA discussion paper on a
“
Fairer and more equitable charging system”.
Under the proposal, the costs, based on
the previous part hourly rate assumptions,
would be as follows:
|
1.
303 new aircraft registrations |
@ |
$90/2 |
$42.50 |
|
2.
984 changes to the Certificate of
Registration |
@ |
$40/2 |
$20.00 |
|
3.
60 requests for changes to
registration marks; and |
@ |
$30/2 |
$15.00 |
|
4.
140 cancellations of Certificate of
Registration |
@ |
$30/4 |
$0.70 |
|
Total |
$34,507.00 |
||
Should
full hourly transaction costs be implemented the
cost would
be: $71,190.00
It
is expected costs will be incurred in the
Aircraft Registration centre in processing the
raw data received from applicants.
It is not however expected to be
substantial on the basis that current procedures
involve electronic data transfer and validation
and the revised procedures should not result in
a significant additional workload.
Costs
to Industry
The
cost to industry will be restricted to facsimile
or postage costs in sending the application for
registration to the Aircraft Registration
centre. Use of facsimile transmission offers the
best option for transmission since it reduces
the chance of misinterpretation which can occur
during voice communication. A free-call facility
will be available for applicants seeking
registration by telephone.
This
removes a major industry problem area
where the applicant has met all the requirements
for issue of the Certificate of Airworthiness
but the certificate cannot be issued because a
Certificate of Registration has not been issued.
Another
additional cost saving will be the provision of
a “dealer’s registration” system to reduce
the unnecessary registration of aircraft prior
to sale. The costs of putting an
aircraft on the register then removing it in a
relatively short period following sale of the
aircraft (double handling) will no longer be
incurred. This
will result in a more efficient and effective
system offering positive benefits to industry.
The
proposed changes to the legislation will not
create any discernible change to, or impact on
the environment.
Compliance
with the proposed legislation will be monitored
and enforced through normal surveillance
activity.
The
Notice of Proposed Rule Making process is CASA’s
method of notifying
and seeking comment from industry with respect
to proposed changes to rules.
All submissions are evaluated and
assessed with a view to incorporating any
necessary changes to the draft regulations prior
to their formal promulgation as law.
To
date, considerable discussion has taken place
between the industry/ CASA Aircraft Maintenance
Technical Committee (TC7), the CASA
continuing airworthiness staff and the
CASA Office of Legal Counsel with respect to the
introduction of the proposed
CASR Part 47, resulting in the
formulation of this proposal.
CASA
now seeks comments on this proposal from the
aviation industry and the general public before
proceeding further.
In
order to simplify collation and summarising of
comments, responses should be made on the
response sheet provided (see page 13), or a copy
of the sheet, with additional comments attached
as necessary.
Written
comments quoting NPRM 9807RP should be forwarded
by 25th September 1998 to CASA's Regulatory
Framework Program, by one of the following
means:
Post
(no stamp required) Reply
Paid 744, NPRM Administration,
Regulatory
Framework Program Office, GPO Box 2005,
Canberra
ACT
2601
E-mail nprm_casr47@casa.gov.au
Fax
(free call) 1800
653 897
Additional
information is available from:
Ken Douglas
Regulatory Framework Program, Civil Aviation Safety Authority
Free Post: Reply Paid 744, GPO Box 2005, CANBERRA CITY ACT 2601
E-mail: douglas_k@casa.gov.au
Telephone: 02 6217 1841 or 131 757
Fax: 1800 653 897
Subsequent
to the closing date for comments, a summary of
responses will be prepared, and made publicly
available in conjunction with the making of the
final rule.
CASA
will not individually acknowledge or respond to
comments or submissions.
However,
the names of all contributors will be
acknowledged in the summary of responses unless
CASA is specifically requested not to do so.
Civil
Aviation Safety Regulations - CASR Part 47
Registration
Of Aircraft
Please
return this response sheet by 25th
September 1998, by post or
by e-mail to the address provided at page 11
of the
NPRM, or by fax to 1800 653 897.
Please indicate your acceptance or otherwise of the proposal by ticking [4] the appropriate box below.
Any additional constructive comments, suggested amendments or alternative action will be welcome and may be provided on this response sheet or by separate correspondence.
[
]
The proposal is acceptable
without change.
[
]
The proposal is acceptable
but would be improved if the following changes
were made:
[ ] The proposal is not acceptable but would be acceptable if the following changes were made: (Please provide explanatory comment).
[ ] The proposal is not acceptable under any circumstances. (Please provide explanatory comment).
Your name: _____________________________________________________________
Organisation: _____________________________________________________________
Address: _____________________________________________________________
_____________________________________________________________
Consent to publish your name as a respondent to this NPRM: YES [ ] NO [ ]
Signed: ……………………………………….. Date:...............................
INTENTIONALLY
LEFT BLANK
Draft
Regulations - CASR Part 47
|
|
Statutory Rules 1998
No.
1
__________________
Civil Aviation Safety Regulations2 (Amendment)
I, WILLIAM PATRICK DEAN, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.
Dated 1998.
Governor-General
By His Excellency’s Command,
[Draft Only
- not for Signature]
Minister for Transport and Regional Development
____________
1.
Commencement
1.1
These Regulations commence on
2.
Amendment
2.1
The Civil Aviation Safety Regulations are
amended as set out in these Regulations.
3.
New regulation 1.(?)
3.1
After
regulation 1.X, insert:
Classes
of aircraft
“1.(?)
For the purposes of these
Regulations, aircraft are divided into the
following classes:
(a)
aeroplane;
(b)
rotorcraft;
(c)
ornithopter;
(d)
glider;
(e)
kite;
(f)
airship;
(g)
captive
balloon;
(h)
free
balloon.”.
4.
Regulation 9.1 (Interpretation)
4.1
Definition of reviewable decision
Add at the end:
“;
or
(c) a decision under Part 47
refusing to register, or cancelling the
registration of, an aircraft; or
(d) a decision under Part 47 to
register an aircraft for a particular period; or
(e) a decision under Part 47
refusing to assign, or cancelling the assignment
of, a dealer’s registration mark to a person.
“[Note:
For dealer’s registration mark,
see the Dictionary.]”.
5.
Regulation 21.173 (Eligibility)
5.1
Subregulation (1):
Omit
“holder of the certificate of registration for”,
substitute “registered operator of”.
6.
New Part 47
6.1
After Part 35, insert:
“PART
47 - REGISTRATION OF AIRCRAFT
“Subpart
A - General
Object
of Part
“47.1.
(1)
This Part makes provision for:
(a) the registration of
aircraft; and
(b) the assignment of
registration marks to aircraft.
“(2)
It also provides for the assignment
of dealer’s registration marks to
manufacturers, distributors and dealer’s of
aircraft and regulates their use.
“(3)
Finally, it prescribes the cases where an
aircraft is not required to be registered for
the purposes of paragraph 20AA(1) (a) of
the Act.
“Subpart
B - The Civil Aircraft Register
Civil
Aircraft Register
“47.2.
(1)
CASA must establish, and keep in
accordance with this Part, a register of
aircraft.
“(2)
The register is to be called the Civil
Aircraft Register.
“(3)
The Aircraft Register kept under Part
III of the Civil Aviation Regulations as in
force immediately before the commencement of
this regulation is incorporated in, and forms
part of, the Civil Aircraft Register.
Inspection
of register
“47.3.
CASA must make the Civil Aircraft
Register available for inspection by members of
the public at such times and places, and subject
to such conditions, as CASA directs.
Correction
of register
“47.4.
CASA must correct the Civil Aircraft
Register if it is satisfied that:
(a) there is an error in an
entry in the register; or
(b) the correction is necessary
to make a change to a particular entered in the
register.
“Subpart
C - Registration of aircraft
Application
for registration
“47.5.
(1)
The owner of an aircraft, or the owner’s
agent, may apply for the registration of the
aircraft.
“[NOTE:
For owner, see the Dictionary.]
“(2)
The application is to be made:
(a) if CASA has appointed under
regulation 47.8 a body corporate (the appointed
body corporate) to deal with applications
for the registration of aircraft of the same
class as that of the aircraft for which
registration is sought—to the appointed body
corporate; or
(b) in any other case—to
CASA.
“(3)
An application to CASA may be made either
orally (by telephone or in person) or in writing
but an application to an appointed body
corporate must be in writing.
“(4)
If the application is in writing:
(a) it must be made in
duplicate in an approved form; and
(b) the applicant must send or
give the 2 copies to CASA or the appointed body
corporate (as the case requires).
“(5)
The applicant (whether applying orally or
in writing) must provide the following
particulars:
(a) the name and address of the
owner of the aircraft;
(b) if the applicant is the
owner’s agent—the agent’s name and
address;
(c) if the aircraft is not an
amateur-built aircraft or a kit-built aircraft—a
description of the aircraft that identifies it
by reference to its manufacturer, its type and
model as designated by its manufacturer and the
serial number given to it by its manufacturer;
(d) if the aircraft is an
amateur-built aircraft or a kit-built aircraft:
(i)
a description of the aircraft that
identifies it by reference to its class, its
type, make and model, its serial number, the
number of seats in the aircraft and (if
applicable) the number of engines installed; and
(ii)
a statement whether the aircraft is built
for land or water operation;
(e) if a registration mark has
been assigned to the aircraft under regulation
47.18—particulars of the registration mark;
(f) if the aircraft has
previously been registered (whether in Australia
or in another country):
(i)
the name of the country, or last country,
in which the aircraft was registered; and
(ii)
the registration mark given, or last
given, to the aircraft;
(g) if the aircraft has not
previously been registered in Australia or
another country—a declaration to that effect;
(h) a declaration that the
aircraft is not a foreign registered aircraft;
(i) a declaration that the
aircraft is intended to be used as an aircraft.
“[NOTE:
For owner, amateur-built aircraft,
kit-built aircraft, type and model, see the
Dictionary.]
“[NOTE:
For foreign registered aircraft,
see subsection 3 (1) of the Act.]
Confirmation
of oral application
“47.6.
(1)
A person who has applied orally for the
registration of an aircraft must send or give to
CASA a written confirmation of the application.
“(2)
The confirmation must;
(a)
be
in an approved form; and
(b)
be
received by CASA within 14 days after the day on
which the oral application was made.
CASA
may ask for further particulars
“47.7.
(1)
CASA may, by notice in writing, ask the
applicant to give to CASA any written
information or document:
(a) described in the notice;
and
(b) in the possession, or
control, of the aircraft’s owner or (if the
applicant is the owner’s agent) of the agent;
being
information or a document relating to a matter
set out in the notice that CASA reasonably
requires to consider the application.
“[NOTE:
For owner, see the Dictionary.]
“(2)
CASA may refuse or cease to consider the
application until the applicant complies with
the notice.
Appointment
of body corporate to deal with certain
applications
“47.8.
(1)
CASA may appoint, in writing, a body
corporate to deal with applications for the
registration of aircraft of a class specified in
the instrument of appointment.
“(2)
The appointment may be made subject to
any conditions specified in the instrument of
appointment.
“(3)
A body corporate appointed under
subregulation (1) must:
(a) consider each application
for the registration of an aircraft that it
receives and is authorised to deal with; and
(b) report to CASA on the
matters referred to in paragraph 47.9(1)(a) to
(d) in relation to the aircraft.
“(4)
Regulation 47.7 applies to the body
corporate as if any reference in that regulation
to CASA were a reference to the body corporate.
Registration
of aircraft
“47.9.
(1)
Subject to subregulation (2), CASA must
register the aircraft if:
(a) the application for the
registration of the aircraft has been made in
accordance with regulation 47.5, and
(b) in a case where the owner
of the aircraft is an individual—he or she is
at least 18 years old; and
(c) the aircraft is intended to
be used as an aircraft; and
(d) the aircraft is not
currently registered under these Regulations or
under the law of:
(i)
a Contracting State; or
(ii)
a foreign country (other than a
Contracting State) that has an agreement with
Australia that allows an aircraft registered
under the law of that country to be operated in
Australia.
“[NOTE:
For Contracting State, see
subsection 3 (1) of the Act.]
“(2)
CASA may register an aircraft for a
particular period if it thinks that it is
appropriate to do so, having regard to all the
circumstances.
“(3)
To register an aircraft, CASA must enter
the following particulars in the Civil Aircraft
Register:
(a) the aircraft’s type,
make, model and serial number;
(b) the registration mark
assigned to the aircraft under Subpart D;
(c) if the registration is for
a particular period—a statement to that effect
specifying the day on which the registration
ends;
(d) the name and address of the
owner of the aircraft;
(e) if the application for
registration was made by an agent of the owner—the
agent’s name and address;
(f) the day on which the above
mentioned particulars were entered in the
register.
“[NOTE:
For Civil Aircraft Register, type,
model, and owner, see the
Dictionary.]
Interim
certificate of registration
“47.10
(1)
If CASA registers an aircraft on
receiving an oral application for its
registration, the applicant must prepare and
sign an interim certificate of registration in
respect of the aircraft.
“(2)
The interim certificate must be in an
approved form.
“(3)
The interim certificate has effect
until:
(a) the aircraft’s registered
operator receives the certificate of
registration given by CASA
in respect of the aircraft under
regulation 47.11; or
(b) the registration of the
aircraft is cancelled;
whichever
first occurs.
Certificate
of registration
“47.11.
(1)
When CASA registers an aircraft, it must
give a certificate of registration in respect of
the aircraft to its registered operator.
“[NOTE:
For registered operator, see the
Dictionary.]
“(2)
If the registration is for a particular
period, the certificate must specify the day on
which the registration ends.
Notification
of change in registered particulars
“47.12.
If the registered operator of an aircraft
becomes aware that any particular in the Civil
Aircraft Register relating to the aircraft is
not, or is no longer, correct, the registered
operator must, within 7 days, notify CASA in
writing of any change to be made to that
particular.
Penalty:
[ ]
penalty units.
“[NOTE:
For registered operator and Civil
Aircraft Register, see the Dictionary.]
Replacement
certificate
“47.13.
(1) If:
(a) CASA has changed any of the
particulars (the registered particulars)
in the Civil Aircraft Register relating to an
aircraft; and
(b) the certificate of
registration given by CASA in respect of the
aircraft does not accord with those particulars;
CASA
must:
(c) by notice in writing,
ask the registered operator of the aircraft to
return that certificate to CASA within 14 days
from the date of the notice; and
(d) on receiving that
certificate, give to the registered operator
another certificate of registration in respect
of the aircraft that accords with the registered
particulars.
“[NOTE:
For Civil Aircraft Register, certificate
of registration and registered operator, see the Dictionary.]
“(2)
The registered operator of an aircraft
must comply with a request of CASA under
paragraph (1)(c).
Penalty:
[ ]
penalty units.
Loss
etc. of certificate of registration
“47.14.
(1)
CASA must, on the written application of
the registered operator of an aircraft, give to
the registered operator a copy of the
certificate of registration for the aircraft if
CASA is satisfied that the certificate of
registration, or a copy of the certificate of
registration previously given by CASA:
(a) has been lost, stolen or
destroyed; or
(b) is so damaged that
particulars recorded on the certificate or copy
are no longer clearly legible.
“[NOTE:
For registered operator, and certificate
of registration see the Dictionary.]
“(2)
If the application is about a damaged
certificate or copy, the damaged certificate or
copy must be returned to CASA with the
application.
Cancellation
of registration
“47.15.
(1) CASA must cancel the
registration of an aircraft if:
(a) the registered operator of
the aircraft applies in writing for the
registration to be cancelled; or
(b) the aircraft is totally
destroyed or scrapped; or
(c) ownership of the aircraft
is transferred and the new owner does not apply
for registration of the aircraft within 7 days
of the transfer; or
(d) the aircraft is registered
under the law of another country.
“(2)
If the aircraft was registered
following an oral application, CASA must also
cancel the registration if:
(a) CASA has not received a
written confirmation of the application in an
approved form within 14 days after the day on
which the oral application was made; or
(b)
it has received, within that period, a
document purporting to be such a confirmation
that:
(i)
does not include all the particulars
specified in sub regulation 47.5(5); or
(ii)
includes such a particular that differs
in a material way from the corresponding
particular provided orally to CASA.
“(3)
CASA cancels the registration of aircraft
by making an entry to that effect in the Civil
Aircraft Register.
“(4)
CASA must give to the registered operator
of the aircraft written notice of the
cancellation, setting out the day on which the
registration was cancelled.
“[NOTE:
For registered operator, owner and
Civil Aircraft Register, see the
Dictionary.]
Return
of certificate of registration
“47.16.
If the registration of an aircraft has
ended or has been cancelled:
(a) the person who was the
registered operator of the aircraft immediately
before the registration ended or was cancelled;
or
(b) if that person has died—the
personal representative of the deceased person;
or
(c) if that person is bankrupt—the
trustee of the bankrupt’s estate; or
(d) if that person is a company
that is being wound up—the liquidator of the
company;
must
surrender the certificate of registration to
CASA within 60 days after the registration has
ended or has been cancelled.
‘Penalty:
[ ]
penalty units.
“[NOTE:
For registered operator, see the
Dictionary.]
“Subpart
D - Assignment of registration marks to aircraft
Request
for assignment of registration mark to an
aircraft
“47.17.
(1)
Before making an application for the
registration of an aircraft, the owner of the
aircraft, or the owner’s agent, may ask CASA
(either orally or in writing) to assign a
registration mark to the aircraft.
“(2)
The request must include:
(a) if the aircraft is not an
amateur-built aircraft or a kit-built aircraft—particulars
of the aircraft’s make, type, model and serial
number; or
(b) if the aircraft is an
amateur-built aircraft or a kit-built aircraft:
(i) a
description of the aircraft that identifies it
by reference to its class, its type, make and
model, its serial number, the number of seats in
the aircraft and (if applicable), the number of
engines installed; and
(ii)
a statement whether the aircraft is built
for land or water operation.
“[NOTE:
For owner, amateur-built
aircraft, kit-built aircraft, type
and model, see the Dictionary.]
Assignment
of registration mark in accordance with request
“47.
18. (1)
On receiving a request under regulation
47.17 in respect of an aircraft, CASA must,
subject to regulation 47.20, assign a
registration mark to the aircraft.
[NOTE:
For the particulars of registration marks
see Part 45]
“(2)
If the aircraft is not registered under
Subpart C within 12 months after the day on
which the registration mark was assigned to it,
the assignment of the registration mark to the
aircraft is revoked by force of this regulation.
Assignment
of registration mark to aircraft where no
request made before application for registration
“47.19.
If:
(a) an application is made
under Subpart C for the registration of an
aircraft; and
(b) CASA has not assigned a
registration mark to the aircraft under
regulation 47.18;
CASA
must assign a registration mark to the aircraft
before registering the aircraft under that
Subpart.
[NOTE:
For the particulars of registration marks see
Part 45]
Restrictions
on assignment of registration mark
“47.20.
(1)
CASA must not assign to an aircraft a
registration mark that is identical to:
(a) the registration mark of an
aircraft registered under Subpart C; or
(b) the registration mark that
has been assigned to an unregistered aircraft
under regulation 47.18.
“(2)
CASA must not assign to an aircraft a
registration mark that may be confused with:
(a) any five-letter combination
used in Part II of the International Code of
Signals; or
(b) any three-letter
combination beginning with Q used in the Q Code;
or
(c) the distress signal SOS; or
(d) any urgency or safety
signal, such as (for example) XXX, PAN and TTT.
“Subpart
E - Dealer’s registration marks
Assignment
of dealer’s registration mark
“47.21.
(1)
An aircraft manufacturer, distributor or
dealer (the applicant), or the applicant’s
agent, may apply in writing in an approved form
for one or more than one mark to be assigned to
the applicant for use on aircraft manufactured,
or being distributed or dealt with, by the
applicant.
“(2)
If:
(a) the application is in
accordance with subregulation (1); and
(b) in a case where the
applicant is an individual - he or she is not
under 18 years of age;
CASA
must assign to the applicant the number of marks
applied for.
Restrictions
on assignment of dealer’s registration marks
“47.22.
(1)
CASA must not assign to an applicant
under regulation 47.21 a mark that is identical
to:
(a) the registration mark of an
aircraft registered under subpart C; or
(b) the registration mark that
has been assigned to an unregistered aircraft
under regulation 47.18.
“(2)
CASA must not assign to an applicant
under regulation 47.21 a mark that may be
confused with:
(a) any five-letter combination
used in Part II of the International Code of
Signals; or
(b) any three-letter
combination beginning with Q used in the Q Code;
or
(c) the distress signal SOS; or
(d) any urgency or safety
signal, such as (for example) XXX, PAN and TTT.
Register
of dealer’s registration marks
“47.23.
(1)
CASA
must keep a register of dealer’s registration
marks.
“(2) If CASA assigns a dealer’s
registration mark to a person under this
Subpart, CASA must enter the following
particulars on that register:
(a) particulars of the
registration mark;
(b) the person’s name and
address;
(c) if the person is an
individual—a statement that the person is not
under 18 years of age;
(d) if the application for the
assignment of the dealer’s registration mark
was made by an agent of the person—the name
and address of the agent.
“[NOTE:
For dealer’s registration mark,
see the Dictionary.]
Certificate
of registration
“47.24.
(1)
If CASA assigns a dealer’s registration
mark to the person, CASA must give to the person
a certificate stating that the registration mark
is assigned to the person.
“(2)
A certificate must not be in respect of
more than one dealer’s registration mark.
“[NOTE:
For dealer’s registration mark,
see the Dictionary.]
“(3)
A certificate remains in force until it
is cancelled under regulation 47.28.
Loss
of certificate of registration
“47.25
(1)
CASA must, on the written application of
a person to whom CASA has given a certificate
under regulation 47.24, give to the person a
copy of the certificate if CASA is satisfied
that the certificate, or a copy of the
certificate previously given by CASA:
(a) has been lost or destroyed;
or
(b) is so damaged that
particulars recorded on the certificate or copy
are no longer clearly legible.
“(2)
If the application is about a damaged
certificate or copy, the damaged certificate or
copy must be returned to CASA with the
application.
“(3)
The copy given by CASA under
subregulation (1) must state that it is a true
copy of the original certificate.
Use
of dealer’s registration mark
“47.26.
(1)
A dealer’s registration mark assigned
to a person may be used only on aircraft
manufactured, or being distributed or dealt
with, by the person.
“(2)
It may be used on any number of aircraft,
but must not be used on more than one aircraft
at any particular time.
“(3)
The person must keep records showing:
(a) each aircraft on which the
dealer’s registration mark was used; and
(b) the periods during which it
was used on that aircraft.
“(4) The person must retain the
record in respect of each period during which
the dealer’s registration mark was used on an
aircraft for 12 months after the end of that
period.
“(5)
If either title to, or possession of, an
aircraft on which the dealer’s registration
mark is being used passes to another person, the
person to whom the registration mark is assigned
must remove it, or cause it to be removed, from
the aircraft before the end of the day on which
title or possession so passes.
“[NOTE:
For dealer’s registration mark,
see the Dictionary.]
Annual
report to CASA on aircraft using dealer’s
registration marks
“47.27.
(1)
A person to whom a dealer’s
registration mark has been assigned must, within
one month after each reporting period, give to
CASA a report identifying all aircraft on which
the dealer’s registration mark was used during
that period.
“(2)
In subsection (1):
reporting
period
means:
(a) the period of 12 months
beginning on the day on which the dealer’s
registration mark was assigned to the person; or
(b) each consecutive period of
12 months at the end of which the dealer’s
registration mark remains assigned to the
person.
“[NOTE:
For dealer’s registration mark,
see the Dictionary.]
Revocation
of assignment of dealer’s registration mark
etc
“47.28.
CASA must:
(a) revoke the assignment of a
dealer’s registration mark to a person; and
(b) cancel the certificate
given (under regulation 47.24) in respect of
that assignment,
if
the person:
(c) asks him to do so; or
(d) fails to comply with
regulation 47.27.
“[NOTE:
For dealer’s registration mark,
see the Dictionary.]
“Subpart
F- Exemption from registration
Aircraft
exempted from registration
“47.29.
(1)
For the purposes of paragraph
20AA(1)(b) of the Act, an aircraft is not
required to be registered under Subpart C if:
(a) the aircraft is:
(i)
a recreational unmanned aircraft, or
(ii)
an unmanned free balloon; or
(iii)
a permanently tethered manned balloon; or
(iv)
a hang glider; or
(v)
a rocket; or
(vi)
a parachute; or
(vii)
a kite; or
(b) the aircraft is a powered
aircraft that:
(i)
weighs less than 125 kilograms; and
(ii)
has a fuel capacity of not more than 25
litres; and
(iii)
has a maximum calibrated airspeed of not
more than 55 knots; and
(iv)
has a power-off stall speed (see
sub-regulation (2) of not more than 24 knots
(CAS); or
(c) the aircraft is an
unpowered aircraft (other than an aircraft
referred to in paragraph (a) that weighs less
than 75 kilograms; or
(d) the following conditions
are satisfied:
(i)
the aircraft is marked with a dealer’s
registration mark assigned to the manufacturer,
or to a distributor or dealer, of the aircraft;
(ii)
the certificate given by CASA under
regulation 47.24 in respect of that dealer’s
registration mark has not been cancelled and is
displayed on board of the aircraft;
(iii)
the person to whom that registration mark
is assigned has not contravened regulation
47.26; or
(e) the aircraft (not being an
aircraft referred to in paragraph (a), (b) or
(c)):
(i)
is registered under the law of a
prescribed foreign country (see subsection (2));
and
(ii)
displays its appropriate nationality and
registration marks in accordance with the law of
the country; and
(iii)
is provided with a certificate of
airworthiness issued, or rendered valid, under
the law of that country; and
(f) the aircraft (not being an
aircraft referred to in paragraph (a), (b) or
(c)):
(i)
has been manufactured in Australia for
delivery outside Australia to a foreign
operator; and
(ii)
is registered under the law of a
prescribed foreign country (see subsection (2));
and
(iii)
displays its appropriate nationality and
registration marks in accordance with the law of
that country; and
(iv)
is not provided with a certificate of
airworthiness issued, or rendered valid, under
the law of that country; and
(v)
is flown within Australia only for the
purposes of a test or demonstration flight
carried out within such period after its
manufacture as is approved by CASA or for the
purpose of being delivered to its purchaser
outside Australia.
“[NOTE:
For unmanned balloon, tethered,
manned balloon, glider, kite,
powered aircraft, calibrated speed,
CAS, unpowered aircraft, and dealer’s
registration mark, see the Dictionary.]
“(2)
In sub-regulation (1)(b)(iv):
power-off
stall speed has
the meaning that it has in Part 103 of the FAR
as in force from time to time;
prescribed
foreign country
means:
(a) a Contracting State; or
(b) a foreign country (other
than a Contracting State) that has an agreement
with Australia that allows an aircraft
registered under the law of that country to be
operated in Australia.
“[NOTE:
For Contracting State, see
subsection 3 (1) of the Act.]”.
7.
Schedule (Dictionary)
7.1
Insert
the following definitions:
“airship
means a powered, lighter-than-air aircraft;
approved
means approved by CASA;
balloon
means an unpowered, lighter-than-air aircraft;
certificate
of registration, in relation to an aircraft,
means the certificate given under regulation
47.11 or 47.13 in respect of the aircraft;
Civil
Aircraft Register means the register
established and maintained under regulation
47.2;
class,
in relation to an aircraft—see regulation
1.(?);
dealer’s
registration mark means a mark assigned to
an aircraft manufacturer, distributor or dealer
under regulation 47.21;
glider
means 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;
heavier-than-air
aircraft
is the generic term for aircraft that derive
their lift in flight chiefly from aerodynamic
forces;
kite
means a glider normally moored to the ground;
lighter-than-air
aircraft
is the generic term for aircraft that are
supported chiefly by their buoyancy in the air;
manned
balloon
means a balloon that:
(a) is capable of carrying one
or more persons; and
(b) is equipped with controls
that enable control of the altitude of the
balloon;
owner,
in relation to an aircraft, means the person who
has possession and control of the aircraft;
powered
aircraft
means an aircraft that is propelled by one or
more than one engine;
recreational
unmanned aircraft,
means an aircraft that:
(a) is not designed for, or
capable of, accommodating a person; and
(b) is used only for sport and
recreation;
registered
operator, in relation to an aircraft, means
the person whose name is entered in the Civil
Aircraft Register as that of the owner of the
aircraft;
rotorcraft
means
a heavier-than-air aircraft that depends
principally for its support in flight on the
lift generated by one or more than one rotor;
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;
unmanned
balloon
means a balloon other than a manned balloon;
unpowered
aircraft
means an aircraft other than a powered aircraft.”.
_______________________________________________________
NOTES
1.
Notified in the Commonwealth of
Australia Gazette on ……………..1998.
2.
Statutory Rules 1998 No.
.
Amendments
and Saving Provisions
proposed
AMENDMENTS OF THE CARS
As
a consequence of the making of CASR Part 47, a
number of other amendments to the existing
legislation are required.
The cars
and caos that are being replaced by
CASR Part 47 must be revoked.
Documents,
other instruments and applications issued or
made under the CARs and CAOs that are being
revoked must be “saved”.
Transitional
arrangements must be set out in the legislation,
as appropriate.
Note
that the transitional operating and
maintenance requirements contained in the
consequential amendments are interim
requirements only.
Other Regulatory Framework Program
Technical Committees are presently involved in
reviewing the operating and maintenance
requirements which will be subject to public
consultation as a separate NPRM.
|
|
Statutory Rules 1998
No.
1
__________________
Civil Aviation (Savings, Transition and Amendment) (No. 2) Regulations
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.
Dated 1998.
Governor-General
By His Excellency’s Command,
[Draft Only - not for
Signature]
Minister for Transport and Regional Development
____________
Citation
1.
These Regulations may be cited as the
Civil Aviation (Savings, Transition and
Amendment) (No. 2) Regulations.
Commencement
2.
These Regulations commence when Part
47 of the CASR commences.
Interpretation
3.
(1)
In these Regulations:
CAR
means the Civil Aviation Regulations;
CASR
means the Civil Aviation Safety Regulations.
Amendment
of the CAR
4.
The CAR are amended as set out in the
Schedule.
Aircraft
registered under CAR
5.
(1)
An aircraft whose registration under the
CAR was current immediately before the
commencement of this regulation is, for the
purposes of the CASR, an aircraft registered
under Part 47 of the CASR.
(2)
Its registration may be cancelled under
the CASR.
(3)
If its registration under the CAR was for
a particular period, its registration under the
CASR, unless sooner cancelled, is to remain in
force until the end of that period.
(4)
The certificate of registration, or a
copy of the certificate of registration, issued
under the CAR in respect of the aircraft is
taken to be, for the purposes of the CASR:
(a) a certificate of
registration; or
(b) a copy of the certificate
of registration;
given
in respect of the aircraft under Part 47 of the
CASR.
Pending
applications for registration of an aircraft
6.
If:
(a) an application made under
the CAR for the registration of an aircraft was
pending immediately before the commencement of
this regulation; and
(b) the application was in
accordance with Division 1A of Part III of the
CAR as then in force;
the
application is taken, for the purposes of the
CASR, to be an application for the registration
of the aircraft made, on the commencement of
this regulation, in accordance with regulation
47.5 of the CASR.
Registration
marks reserved for assignment under the CAR
7.
If:
(a) before the commencement of
this regulation, CASA had:
(i)
at the request of a person, reserved
(under subregulation 16 (3) of CAR) a group
of symbols for assignment to an aircraft as its
registration mark; and
(ii)
given written notice (the reservation
notice) of the reservation to the person;
and
(b) immediately before the
commencement of this regulation, an application
for the registration of the aircraft was
pending;
the
following provisions have effect:
(c) CASA is taken, for the
purposes of the CASR to have assigned to the
aircraft (under regulation 47.16 of the CASR) a
registration mark consisting of the group of
symbols; and
(d) the condition set out in
subparagraph 47.27 (e) (iii) of the
CASR is satisfied if the reservation notice is
displayed on board of the aircraft.
SCHEDULE
Regulation
4
AMENDMENTS
OF THE CAR
1.
Regulation 2 (Interpretation)
1.1
Subregulation 2 (1):
Insert
the following definition:
“certificate
of registration, in relation to an aircraft,
means:
(a) a certificate of
registration given in respect of the aircraft
under regulation 47.11 or 47.13 of the Civil
Aviation Safety Regulations; or
(b) an interim certificate of
registration in respect of the aircraft that has
effect under regulation 47.10 of those
Regulations;”.
2.
Division 1 of Part III (Aircraft
Register)
2.1
Omit the Division.
3.
Division 1A of Part III (Registration of
Aircraft)
3.1
Omit the Division.
4.
Division 1B of Part III (Notifying CASA
of certain matters)
4.1
Omit the Division.
5.
Division 1C of Part III (Expiry,
suspension and cancellation of registration,
etc)
5.1
Omit the Division.
6.
Division 1D of Part III (Miscellaneous)
6.1
Omit
the Division.
7.
Regulation 16 (Nationality and
registration marks)
7.1
Subregulations (3), (3A), (4) and (5):
Omit the subregulations.
8.
Regulation 16A (Application for new
registration mark)
8.1
Omit the regulation.
9.
Regulation 16B (Reassignment of
registration marks)
9.1
Omit
the regulation.
Draft
Advisory Circular AC.47.1 (0)
Registration
of Aircraft
Draft
|
|
|
REGISTRATION
OF AIRCRAFT |
AC
47.1 (0)
July
1998
Advisory
Circulars have been developed to provide
recommendations and guidance to illustrate a
method, or several alternative methods, not
necessarily being the only methods by which
legislative requirements may be met. They also
provide a means of illustrating the meaning of
certain requirements by offering interpretive
and explanatory guidance. Always
read this advice in conjunction with the
appropriate safety regulations.
Contents
1.
Related CASR parts
2.
Purpose
3.
Status of this Advisory Circular.
4.
Background
5.
Exemption from registration
requirements
6.
Definitions
7.
Application
for registration
8.
Privacy
provisions
9.
Registration
by facsimile or telephone
10.Assignment
of registration marks
11.Registration
of aircraft
12.Duration,cancellation
and transfer of
registration
13.Notification
of change of registered
particulars
14.Replacement
certificate of
registration
15.Dealer’s
registration marks
16.Dealer’s
certificate of registration
17.Use
of dealer’s registration marks
Appendix
1 (Application Form)
Appendix 2 (Interim Certificate)
Appendix
3 Aircraft classification table
Annex
D CAR/CASR Comparison table.
1. Related
CASR Parts
·
Civil Aviation Safety Regulations (CASR)
Part 47 — Registration of Aircraft
·
CASR Part 45 — Identification and
Registration Marking (Yet to be
developed/published)
2.
Purpose
This AC provides guidance and information
to applicants applying for or seeking
cancellation or change of details of
registration of an aircraft.
3.
Status of this Advisory Circular
This
the first AC to be written for CASR Part 47
4.
Background
Under
sub-section 20AA of the Civil Aviation
Act, a person must not fly an aircraft
within Australian territory unless the aircraft:
a)
has been granted exemption from registration ;
or
b)
is employed in private operations and
possesses the nationality of a Contracting
State.
5.
Exemption from registration requirements
Registration
is not required if your aircraft falls into one
of the following classes of aircraft:
a)
unmanned free balloons
b)
recreational unmanned aircraft
c)
hang-gliders
d)
rockets
e)
parachutes
f)
kites; or
g)
permanently tethered manned balloons
|
approved means approved by CASA; balloon
means
an unpowered, lighter-than-air aircraft; certificate
of registration, in relation to an
aircraft, means the certificate given
under regulation 47.11 or 47.13 in respect
of the aircraft; Civil
Aircraft Register means the register
established and maintained under
regulation 47.2; class, in relation to an aircraft—see
regulation 1.(number to be advised); dealer’s
registration mark means a mark
assigned to an aircraft manufacturer,
distributor or dealer under regulation
47.21; glider means 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; heavier-than-air
aircraft is the generic term for aircraft that
derive their lift in flight chiefly from
aerodynamic forces; kite means a glider normally moored to the
ground; lighter-than-air
aircraft is the generic term for aircraft that
are supported chiefly by their buoyancy in
the air; manned balloon
means a balloon that:
(a)
is capable of carrying one or more
persons; and
(b)
is equipped with controls that
enable control of the altitude of the
balloon; owner,
in relation to an aircraft, means the
person who has possession and control of
the aircraft; powered
aircraft means an aircraft that is propelled by
one or more than one engine; recreational
unmanned aircraft, means an aircraft that:
(a)
is not designed for, or capable of,
accommodating a person; and (b)
is
used only for sport and recreation; registration
mark means a registration mark assigned to an
aircraft under regulation 47.4; registered
operator, in relation to an aircraft,
means the person whose name is entered in
the Civil Aircraft Register as that of the
owner of the aircraft; rotorcraft means a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more than one rotor; 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; unmanned
balloon means a balloon other than a manned
balloon; unpowered
aircraft means an aircraft other than a powered
aircraft. |
7.
Application for registration
7.1
As the owner of an aircraft you may apply
for the registration either:
a)
by facsimile on 6217-1911 or telephone
contact with CASA’s
Civil Aircraft Registry, toll-free call
131-757, where
an assigned registration mark will be given
(Refer item 8) and aircraft details recorded; or
b)
by
making written application in an approved
manner and sent to the CASA Civil
Aircraft Registry
in Canberra. (Refer Appendix 1).
Note: Use of facsimile transmission offers the
best option for transmission since it reduces
the time taken and chance of misinterpretation
which can occur during voice communication.
7.2
The
procedure to be adopted, should you wish to
apply for registration by telephone, is to
ensure that the application form is completed
prior to contacting the CASA Civil
Aircraft Registry.
This will hopefully overcome possible
difficulties inherent in voice transmission.
7.3
Details
to be included in an application:
a) Your
name, address, telephone/fax number, ACN or ARN
number (if applicable) and date of birth; (with
respect to your address, refer to the note at
the bottom of this section).
b) If
you are acting as an agent, making application
for and on behalf of the applicant ľ
your name, address, telephone/fax number
and date of birth; (with respect to your
address, refer to the note at the bottom of this
section).;
c) A
description of the aircraft that identifies it
by reference to its manufacturer, its type and
model as designated by the manufacturer, and the
serial number given to it by the manufacturer
(if the aircraft is not amateur-built);
d) If
the aircraft is amateur-built or kit-built ľ
a description of the aircraft by class
(aeroplane, rotorcraft, glider or balloon),
serial number, number of seats, number of engines installed, particulars
of the type, make, model, and a statement
whether the aircraft is built for land or water
operation.
e)
If
a registration mark has been assigned to the
aircraft by telephone and you are completing the
written application
ľ
particulars of the assigned registration mark;
f)
Particulars,
including the registration mark, of any previous
registration of the aircraft in Australia or
another country;
g)
If
the aircraft has not previously been registered
in Australia or another country ľ
a declaration to that effect;
h) A
declaration that the aircraft is not a foreign
aircraft within the meaning of these
regulations;
i)
A
declaration that the aircraft is intended to be
used as an aircraft;
j)
If
acting as agent for the owner, a letter of
consent, from the owner, that you may act as
agent. (Copy of this letter to be attached to
the application);
k)
If the aircraft has been a foreign
registered aircraft, notification from the
previous National Airworthiness Authority (NAA),
that the aircraft has been removed from the
foreign register. (Copy of this notification to
be attached to the application)
l)
As
the applicant you will be required to supply a
copy of a
letter of authorisation from the person that
holds legal custody of the aircraft stating that
you have possession and control of the aircraft.
(Copy of this letter to be attached to the
application).
m)
For
security purposes you will be requested to
supply , during application, your mothers maiden
name.
Note:
This practice is consistent with that required
for Credit Card inquiries as a means of ensuring
security of information during telephone
transmission.
Note:
Your address must be your “place of abode”
or “business address”. This is to ensure
that Certificates of Registration are returned
quickly to you and
documents, such as Airworthiness
Directives and other documents can be served
where necessary. This also assists in requests
for your address in an emergency situation by
SAR or Police. The
use of a P.O. Box address is not
acceptable.
8.
Privacy provisions
8.1
Applicants should be aware that the information
supplied during application for registration may
be used by CASA for the following uses.
8.2
The following routine uses are made of
the information gathered: To —
a)
Determine that aircraft are registered in
accordance with the provisions of the Civil
Aviation Safety Regulations Part 47.
b)
Provide
aircraft owners, registered operators and
organisations information about potential
mechanical defects or unsafe conditions of their
aircraft in the form of airworthiness
directives.
c)
Enable
operation of a Civil Aircraft Register to
satisfy the publication requirements of
Articles 21 and 37(f) of the
International Civil Aviation Organisation (ICAO)
agreement containing information on aircraft by
registration number, type of aircraft, and name
and address of owners used for internal CASA
safety program purposes.
d)
Respond
to general requests from the aviation community
or the public for statistical information under
the Freedom of Information Act or to locate
specific individuals or specific aircraft for
accident investigation, violation, or other
safety related requirements.
e)
Serve
as a data source for management information for
production of summary
descriptive statistics and analytical
studies in support of CASA functions for which
the records are collected and maintained.
f)
Support investigative efforts of
investigation and law enforcement agencies of
Federal, State and Foreign countries.
g)
Provide supporting information in court
cases.
h) Provide data for the automated civil
aircraft registration master file.
i)
Provide data for development of the civil
aircraft registration statistical system.
j)
Provide documents for microfilm backup record.
Note:
The aircraft records maintained by CASA Civil
Aircraft Registry are public records and are
open for inspection in the Civil Aircraft
Registry of the CASA Building, Canberra, ACT.
Individuals interested in such
information may make a personal search of the
records or may avail themselves of the
services of a company or an attorney.
9.
Registration by facsimile or telephone
If
as an owner, owners agent, representative of a
group of owners or body corporate, you apply by
facsimile or telephone for the registration of
an aircraft, and a registration mark is assigned
to the aircraft by the Aircraft Registry, once
the details have been included in the Civil
Aircraft Register,
you may operate the aircraft as the
registered operator, subject to the proviso that
you have completed and signed the declarations
on the application form. (Refer Appendix 2).
The interim certificate may then be used
as the certificate of registration and should be
carried in the aircraft until CASA sends the
certificate of registration document.
Certificate
of Registration Application forms are available
from your local airworthiness office.
Note:
Use of facsimile transmission offers the best
option for transmission since it reduces the
chance of misinterpretation which can occur
during voice communication. Free-call facility
will however be available for applicants seeking
registration by telephone.
10.
Assignment of registration marks
10.1
CASA will
assign a registration to an aircraft if
the request is made by facsimile, telephone or
by written application.
Either way, the request
must include:
a)
particulars of the aircraft’s make,
type, model and serial number (if the aircraft
is not amateur-built or kit-built); or
b)
if
the aircraft is amateur-built or kit-built ľ
a description of the aircraft by class
(aeroplane, rotorcraft, glider or balloon),
serial number, number of seats, number of
engines installed, particulars of the type,
make, model, and a statement whether the
aircraft is built for land or water operation.
10.2
In selecting your preferred registration
markings please be aware that the Civil Aircraft
Register cannot use letters in any registration
mark that might be confused with:-
a)
the
five letter combinations used in the
International Code of Signals, Part II;
b)
the three-letter combinations beginning
with Q used in the Q Code, and with the
distress
signal SOS, or
c)
other similar urgent signals, for example
XXX, PAN and TTT.
11.
Registration of aircraft
In
order to register your aircraft you must be the
owner, or the agent of the owner, be at least 18
years old, intend to operate the aircraft and
have made certain that the aircraft is not
currently registered in Australia or in a
foreign country.
12.
Duration, cancellation and transfer of
registration
12.1
The registration of your
aircraft is effective until
the period specified on the certificate
or until you elect to cancel it.
CASA will
cancel the registration of your aircraft
if you apply in writing for the registration to
be cancelled. This may occur
should the aircraft be totally destroyed
or scrapped, if you transfer ownership of the
aircraft and the new owner fails to apply for
registration within 7 days of the transfer or if
the aircraft is found to be registered
under the corresponding law of another country.
NOTE:
Where doubt exists as to whether or not an
aircraft is considered “totally destroyed”
reference should be made to the appropriate
Insurance Underwriters.
12.2
When you seek cancellation of the
registration of your
aircraft, you or your agent acting on
your behalf
must surrender the certificate of
registration to CASA as soon as possible.
13.
Notification of change of registered
particulars
The
registered owner of an aircraft must notify CASA
of any change in the particulars contained in
the Civil Aircraft Register eg. change of
address or ownership of the aircraft,
within 7 days of the change. This will
enable CASA
to reissue a revised certificate of registration
after registering the notified changes. The
registered operator must complete the detail of
the new owner on the reverse side of the
certificate of registration when possession and
control is passed to another person.
14.
Replacement certificate of registrations
You
may apply to CASA for issue of a copy of the
aircraft’s certificate of registration
if the certificate of registration
is lost, stolen or destroyed or is so
damaged that the particulars on the certificate
are illegible.
15.
Dealer’s registration marks
If
you are an aircraft manufacturer, distributor or
dealer you may apply in the approved form for
one or more dealer’s registration marks to be
assigned for use on aircraft manufactured,
distributed
or dealt with by the manufacturer,
distributor or dealer.
Details of your registration marks will
be retained by CASA and will include:
a)
particulars of the assigned marks;
b)
your
name and address;
c)
a declaration to the effect that you
are over 18 years of age; or
d)
if you are an agent for the applicant — your
name and address.
16.
Dealer’s certificate of registration
As
a dealer making application, your
certificate of registration remains in
force for 12 months
after issue.
It is a requirement however that you must
forward to CASA, within 1 month after the
completion
of each 12 month period, a record of the
aircraft that have been operated under your
certificate of registration.
17.
Use of dealer’s registration marks
17.1
As the holder of a dealer’s certificate of
registration you may operate an unregistered
aircraft only
while the aircraft is marked with your
registration mark and carries your certificate
of registration issued for that mark and the
aircraft has a current and valid maintenance
release.
17.2
Your registration mark may be used on any number
of aircraft, but must not be used on more than
one aircraft at a time.
17.3
As the holder of a dealer’s certificate of
registration, you must keep records of each
aircraft on which your mark specified in the
certificate is used. You must retain the records
for 12 months after the mark is removed from the
aircraft.
17.4
Your
registration mark must be removed from an
aircraft not later than the day on which either
title to or possession of the aircraft passes to
another person.
APPENDIX 1
AIRCRAFT REGISTRATION
APPLICATION FORM
APPENDIX 2
INTERIM CERTIFICATE OF
REGISTRATION
|
|
INTERIM
CERTIFICATE OF REGISTRATION |
|||||||
|
Note:
This certificate of registration
must be carried in the aircraft and
remains in
force until the C of R .is received
or registration cancelled, whichever
occurs first.. |
Aircraft
Assigned Registration VH-.................................. |
|||||||
|
NEW
ISSUE Error!
Reference source not found.
RE-ISSUE Error!
Reference source not found.
CHANGE OF OWNER Error!
Reference source not found.
CHANGE OF AIRCRAFT PARTICULARS
Error!
Reference source not found.
CANCELLATION Error!
Reference source not found. (Tick
the applicable box) |
||||||||
|
1.
Owner’s Details |
|
|||||||
|
Owner’s
Name:
................................................................... |
|
|
||||||
|
Address:
.......................................................................................................................................................... ..............................................................................................................
State:
............................................ |
|
|||||||
|
|
||||||||
|
|
|
|
||||||
|
|
|
|||||||
|
3.
Non Amateur Built Aircraft Details
(If Applicable): |
||||||||
|
Aircraft
Manufacturer: ........................................................... |
Type:
.................................... |
Model........................... |
||||||
|
Aircraft
Serial
Number:............................................. |
Year
of Manufacture: ................. |
Country
of Manufacture:..........................
. |
||||||
|
Class
of Aircraft:
Aeroplane
Error!
Reference source not found.
Rotorcraft Error!
Reference source not found.
Airship Error!
Reference source not found.
Glider Error!
Reference source not found.
Balloon Error!
Reference source not found.
Is
aircraft built for :
land
Error!
Reference source not found.
water Error!
Reference source not found.
(Tick
the applicable box) |
Type
Certificate Number:
......................... |
|||||||
|
4.
Amateur Built Aircraft Details ( If
Applicable) |
||||||||
|
Class
of Aircraft:
Aeroplane
Error!
Reference source not found.
Helicopter Error!
Reference source not found.
Gyroplane Error!
Reference source not found.
Airship
Error!
Reference source not found.
Glider
Error!
Reference source not found.
Balloon
Error!
Reference source not found.
Is
aircraft built for :
land
Error!
Reference source not found.
water
Error!
Reference source not found.
(Tick
the applicable box) |
Kit
Manufacturer: (If Applicable) |
|||||||
|
Aircraft/Kit
Serial
Number:....................................... |
Number
of seats:
....................................... |
Number
of engines: ................. |
||||||
|
5.
Used Aircraft Details |
||||||||
|
Used
Aircraft Previous Registration:
.......................................... |
Previous
country of registration:
.................................... |
|||||||
|
6.
Applicant’s Declarations |
||||||||
|
1.
I certify that this aircraft will be used
as an aircraft |
Signature:
........................... |
|||||||
|
2.
For a new aircraft, I certify that this
aircraft has never been registered |
Signature:
.......................... |
|||||||
|
3.
For a used aircraft, I certify that this
aircraft is not on a foreign civil Civil
Civil Aircraft Register |
Signature:
.......................... |
|||||||
|
4.
I certify that the owner is over 18 years |
Signature:
.......................... |
|||||||
|
Owner
or Agent’s Signature:
....................................................................................................... |
Date:......................................... |
|||||||
|
|
|
|||||||
INTENTIONALLY
LEFT BLANK
APPENDIX 3
AIRCRAFT CLASSIFICATION
TABLE
ICAO
Annex 7 – Aircraft Nationality and
Registration Marks
International
Standards
|
Spherical free balloon Free balloon Non-spherical free Non-power-driven: balloon balloon Spherical captive balloon Captive balloon Non-spherical captive Lighter-than-air
balloon1 aircraft Rigid airship Power-driven Airship Semi-rigid airship Non-rigid airship Aircraft Non-power-driven Glider Land glider Kite4
Sea glider2 Landplane3 Aeroplane Seaplane2 Heavier-than-air Amphibian2 aircraft Land gyroplane3 Gyroplane Sea gyroplane2 Amphibian helicopter2 Power-driven Rotorcraft Land helicopter3 Helicopter Sea helicopter2 Amphibian helicopter2 Land ornithopter3 Ornithopter
Sea ornithopter Amphibian
ornithopter2 |
|
1.
Generally designated “kite-balloon.” 2.
“Float” or “boat” may be
added as appropriate. 3.
Includes aircraft equipped with
ski-type landing gear (substitute “ski”
for “land”). 4. For the purpose of completeness only. |
CASR
Part 47 - AIRCRAFT REGISTRATION
|
CAR |
DIFFERENCES |
CASR |
|
REGISTRATION AND MARKING OF AIRCRAFT |
|
AIRCRAFT REGISTRATION |
|
Division 1 - Civil Aircraft Register 7A
- Registration of aircraft |
|
47.1
(1) Object of Part 47 (2) (3) |
|
8
(1) - Aircraft Register (2) (3) |
|
47.2
(1) Civil Aircraft Register 47.2
(2) 47.2
(3) |
|
|
|
|
|
9
- Correction of Register |
|
47.4 |
|
Division 1A - Registration of Aircraft |
|
|
|
|
|
|
|
1
0 (1) - Application of registration (2) |
No
reference to entitled persons in CASRs |
47.5
(1) - Application for registration 47.5
(2) 47.5
(3) 47.5
(4) 47.5
(5) |
|
|
|
|
|
1.1.
(1) - Application for registration of
imported aircraft (2) (3) |
Provision
of interim registration under CASR 47.10
and 47.5 |
47.5
- As above |
|
|
|
|
|
12.
(1) - Application by, or on behalf of,
body corporate (2) |
|
47.5
(2) - Application by owner or agent |
|
|
|
|
|
13.
(1) - Registration of aircraft (2) (3) |
No
significant difference. |
47.9
(1) - Registration of aircraft 47.9
(2) 47.7
(3) |
|
|
|
|
|
13.A
(1) - Aircraft not to be registered in
certain cases (2) (3) |
The
current regulation is written in the
negative. The new CASR, in the positive |
47.9
(1) - Registration of aircraft 47.9
(2) 47.9
(3) |
|
|
|
|
|
13.B
(1) - Certificate of registration |
No
significant difference |
47.11
(1) - Certificate of registration 47.11
(2) |
|
Division 1B - Notifying CASA of certain
matters |
|
|
|
|
|
|
|
13.C
(1) - Destruction etc. of aircraft (2) (3) |
|
47.15
(1) - Duration of registration 47.15
(2) |
|
|
|
|
|
13.D
(1) - Acquisition and disposal of property
interests |
|
No
direct equivalence |
|
13.E
(1) - Changes and errors in registered
aircraft |
No
significant difference |
47.4
- Notification of registered
particulars |
|
|
|
|
|
13.F
(1) - Changes and errors in registered
aircraft (2) (3) |
All
reference to property interests have been
deleted in the CASR’s |
No
equivalence |
|
|
|
|
|
13.G
(1) - Notice required if certificate of
registration holder stops being an
entitled person (2) |
No
reference to entitled persons in CASR’s |
No
equivalence |
|
|
|
|
|
13.H
(1) - How can you stop being a certificate
of registration holder? (2) |
No
significant difference |
47.15
- Cancellation of registration |
|
|
|
|
|
13.I
(1) - Loss etc. of certificate of
registration (2) (3) (4) (5) (6) |
No
significant difference |
47.14
(1) - Replacement certificates of
registration |
|
Division 1C - Expiry, suspension and
cancellation or registration, etc. |
|
|
|
|
|
|
|
13.J
- Expiry of registration |
No
significant difference |
47.11
(2) - Duration of registration |
|
|
|
|
|
13.K
- Duration of registration if not for a
particular period |
No
significant difference |
47.11
(1) - Duration of registration |
|
|
|
|
|
13.L
(1) - Cancellation by request (2) (3) (4) |
No
significant difference |
47.15
- Request for cancellation |
|
|
|
|
|
13.M
(1) - Cancellation if aircraft lost or
destroyed (2) |
No
significant difference |
47.15
- If aircraft is totally destroyed or
scrapped |
|
|
|
|
|
13.N
(1) - Cancellation if certificate holder
stops being entitled person (2) |
There
is no reference to “entitled persons”
in the new legislation |
No
equivalence |
|
|
|
|
|
13.0
(1) - Cancellation if person stops being a
certificate holder (2) |
No
reference to “property interests” in
the CASRs |
47.
15 - Cancellation following transfer of
ownership provisions |
|
|
|
|
|
13.P
(1) - Cancellation and suspension in other
cases (2) (3) (4) (5) (6) |
Suspension
and penalty provisions will be addressed
in CASR’s Part 11 |
47.15
- Cancellation of registration |
|
13.Q
(1) - Effect of suspension (2) |
Suspension
provisions will be addressed in a common
area of CASRs Part 11 |
No
direct equivalence or reference in this
regulation |
|
|
|
|
|
13.R
(1) - Return of certificate on
cancellation or expiry (2) |
|
47.16
- Surrender of certificate of
registration. |
|
|
|
|
|
13.S
(1) - Issue of a new certificate of
registration |
|
47.13
- Re-issue of a certificate of
registration following certain
circumstances |
|
Division 1D - Miscellaneous |
|
|
|
|
|
|
|
13.T
(1) - Bodies Corporate:
alteration of certificate |
|
47.10
(1) - Notification of change of registered
particulars |
|
|
|
|
|
13.U
(1) - Service of documents on a body
corporate |
|
No
direct equivalent |
|
|
|
|
|
14.
(1) 0 CASA may ask for further particulars (2)
- Refusal to consider application |
|
No
direct equivalent |
|
|
|
New CASA Part 47 initiatives |
|
|
|
47.5
(3) - Assignment of registration marks
through application by facsimile and
telephone |
|
|
|
|
|
|
|
47.22
- Exclusion of “Q code” and other
emergency code letters from registration
letters. |
|
|
|
|
|
|
|
47.10
- Interim registration provisions |
|
|
|
|
|
|
|
47.21
- Dealer’s registration marks |
|
|
|
|
|
|
|
47.14
(1) - Use of dealer’s registration marks |
|
|
|
|
|
|
|
47.29
- Exemption of certain kinds of aircraft |
Written
comments quoting NPRM 9807RP should be
forwarded by
25th
September 1998, to CASA's Regulatory Framework
Program Office,
by
one of the following means:
Post
(no stamp required)
NPRM Administration, Reply Paid 744,
Regulatory Framework Program Office,
GPO Box 2005,
CANBERRA ACT 2601
E-mail nprm_casr47@casa.gov.au
Fax
(free call)
1800 653 897
Inquiries
can also be sent to the address above, or by
telephoning 1800 687 342 (international +61 2
6217 1520) during Australian east coast business
hours
