Document ID: chunk:federal_register_of_legislation:F2005B00951:body:0:p1
Version: federal_register_of_legislation:F2005B00951
Segment Type: other
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Character Range: 0–2598

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

__________________

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