Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:10:p62
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 10 (pt 62/63)
Character Range: 1715677–1718422

a seat that faces more than 18° from the aircraft's longitudinal axis.
small aeroplane means an aeroplane with a maximum take‑off weight of 5 700 kg or less.
transport category aeroplane means an aeroplane of a type that was originally certificated in the transport category.
 (2) For this Part, an aircraft is operating from the moment at which the aircraft first moves (whether or not under its own power) for the purpose of taking off for a flight until the moment at which it comes to rest for the purpose of disembarking any persons or cargo on board after:
 (a) it lands; or
 (b) the flight is aborted.
 (3) For this Part, an aircraft of a particular type is originally certificated as follows:
 (a) if the aircraft's State of Design is Australia—when CASA first issues a type certificate in respect of an aircraft of that type;
 (b) if the aircraft's State of Design is a foreign country—when the national aviation authority of the State of Design first issues a foreign type certificate in respect of an aircraft of that type.

90.010  Exclusions in relation to particular provisions
 (1) The registered operator of an aircraft may apply in writing to CASA for exclusion of the aircraft, or an aeronautical product that is part of, or used in, the aircraft, from the operation of a provision of this Part.
 (2) On receiving an application, CASA may, in writing, exclude the aircraft or aeronautical product from the operation of the provision.
 (3) In making a decision under subregulation (2), CASA must:
 (a) regard as paramount the preservation of a level of aviation safety that is at least acceptable; and
 (b) have regard to any reasons given in the application.
 (4) However, CASA may exclude an aircraft or aeronautical product under subregulation (2) only if CASA is satisfied that it is not practicable for the aircraft or aeronautical product to meet the requirements of the provision.
 (5) CASA may, in an instrument of exclusion under subregulation (2), provide that the exclusion is subject to 1 or more conditions.
 (6) An instrument of exclusion under subregulation (2) applies to a particular aircraft or aeronautical product only while the registered operator of the aircraft, or the aircraft that the aeronautical product is part of, or used in, complies with each condition of the exclusion.
Note: See regulation 201.004 for review of an exclusion decision.

90.015  Operation of exclusions under regulation 39.004
 (1) This regulation applies if, before 1 December 2010, CASA has, under regulation 39.004, excluded (the exclusion):
 (a) a particular aircraft or aeronautical product; or
 (b) a particular kind of aircraft or aeronautical product;
from the operation of an airworthiness directive, or a requirement of