Document ID: chunk:federal_register_of_legislation:F2024L01540:reg:5:p4
Version: federal_register_of_legislation:F2024L01540
Segment Type: reg
Provision Reference: reg 5 (pt 4/11)
Character Range: 28559–31537

CAR, as in force before 27 June 2011; or
 (ii) a modification/repair design approval; or
 (iii) an approval mentioned in regulation 21.475 of CASR; or
 (iv) an approval under regulation 21.465 or 21.470 of CASR; or
 (v) a CASA specification in or under an airworthiness directive; or
 (vi) a specification in the aeroplane's approved maintenance data; and
(b) carried out in accordance with the approved or specified design.
       8.9 A person operating an amateur-built or kit-built relevant aeroplane must ensure that:
(a) the aeroplane was inspected before its initial flight by a person authorised under paragraph 8.13; and
(b) if any condition or operational limitation has been imposed under paragraph 8.14 — the aeroplane is operated subject to that condition or limitation.
       8.10 Regulation 91.875 of CASR (except paragraphs 91.875(2)(d) and (i)) applies in relation to ultralight aeroplane (other than a type certificated ultralight aeroplane) as if the ultralight aeroplane were an experimental aircraft and an experimental certificate were in force for the aeroplane.
       8.11 A person maintaining a relevant aeroplane, other than a lightweight aeroplane, must hold the qualifications for the maintenance activity required by, and maintain the aeroplane in accordance with any applicable requirements or provisions of, the sport aviation body's operations manual or technical manual or, if the sport aviation body is an ASAO, its exposition.
       8.12 Subject to paragraph 8A.2, a lightweight aeroplane must be maintained in accordance with Part 4A of CAR.
Note   Other than in accordance with paragraph 6.3, persons are not exempted from Parts 4 to 4D of CAR in relation to lightweight aeroplanes. However, CASA 18/22 — Maintenance (Certain Amateur-built, Kit-built and Light Sport Aircraft) Instrument 2022 authorises certain persons involved in the fabrication or assembly of certain amateur-built and kit-built aircraft to carry out maintenance on such aircraft in Australian territory, and to perform certain functions in respect of maintenance of such aircraft, subject to conditions.
       8.13 For subparagraph 8.9(a), a person must be authorised to inspect the amateur‑built, or the kit-built, aeroplane before its initial flight, by:
(a) the relevant sport aviation body's:
 (i) operations manual or technical manual; or
 (ii) if the relevant body is an ASAO — exposition; or
(b) CASA.
       8.14 For the purposes of regulation 11.245 of CASR, a person who inspects an aeroplane under paragraph 8.9 is directed to impose any conditions or operational limitations in relation to the operation of the aeroplane that the person considers necessary to preserve a level of aviation safety that is at least acceptable.
       8.15 The direction mentioned in paragraph 8.14 ceases to be in force at the end of 1 December 2027.

8A Lightweight aeroplanes — limitations on privileges of pilot authorisation, and pilot maintenance
       8A.1 The holder