Document ID: chunk:federal_register_of_legislation:F2016C00118:schedule:1:p2
Version: federal_register_of_legislation:F2016C00118
Segment Type: schedule
Provision Reference: sch 1 (pt 2/3)
Character Range: 5546–8228

was originally certificated in a category other than the transport category.
operating has the meaning given by subregulation (2).
originally certificated has the meaning given by subregulation (3).
Part 90 Manual of Standards means the Manual of Standards issued by CASA under regulation 90.020.
side‑facing seat, for an aircraft, means 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.
Note: For the definition of approved, see the Dictionary. Approvals given in Air Navigation Orders before 30 June 1988 and in Civil Aviation Orders between 1 July 1988 and 6 July 1995 are taken to have been given by CASA—see regulation 311 of CAR and subsection 13 (2) of the Civil Aviation Legislation Amendment Act 1995.
 (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 NAA 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