Advisory-Circular-21-05-Limited-Category-Aircraft-Certification Classnotes

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ADVISORY CIRCULAR

AC 21-05 v2.2

Limited category aircraft -


certification

Date December 2022


File ref D17/105778

v2.2 – December 2022


Project Number: Error! Unknown document property name.
LIMITED CATEGORY AIRCRAFT - CERTIFICATION

Advisory circulars are intended to provide advice and guidance to illustrate a means, but not necessarily the only
means, of complying with the Regulations, or to explain certain regulatory requirements by providing informative,
interpretative and explanatory material.
Advisory circulars should always be read in conjunction with the relevant regulations.

Audience
This Advisory Circular (AC) applies to:

• owners of, or persons interested in historic, replica and ex-military aircraft


• owners of, or persons interested in other types or classes of limited category aircraft
• persons engaged in restoration of limited category aircraft
• authorised or appointed persons involved in the certification of limited category aircraft.

Purpose
This AC explains the process for certifying a limited category aircraft under Subpart 21.H of the
Civil Aviation Safety Regulations 1998 (CASR).
This AC also provides information for owners of warbird, historic and replica aircraft about the
requirements related to restoring and modifying the aircraft for the purpose of obtaining a
Certificate of Airworthiness (CofA).

For further information


For further information on this AC, contact Airworthiness Standards Branch (telephone 131 757).

Unless specified otherwise, all subregulations, regulations, Divisions, Subparts and Parts
referenced in this AC are references to the Civil Aviation Safety Regulations 1998 (CASR).

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Status
This version of the AC is approved by the Manager, Airworthiness and Engineering.
Note: Changes made in the current version are not annotated. The document should be read in full.

Version Date Details

v2.2 December Administrative review only.


2022

v2.1 August 2017 This version:


• incorporates minor terminology changes and some typographic
corrections
• includes additional clarification about modifications to limited category
aircraft.

v2.0 January This is a comprehensive rewrite of the original AC. The AC has been
2017 amended to explain the changes that have been brought about by the
introduction of Part 132 of CASR.

The changes relate to:


• persons who may issue a special CofA in the limited category (limited
certificate)
• purposes for which experimental certificates may be issued to ex-armed
forces aircraft.
Note: Information of an operational nature has been deleted and has been
included in AC 132-01.

(0) November Initial release


1998

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Contents
1 Reference material 5
1.1 Acronyms 5
1.2 Definitions 5
1.3 References 7
1.4 Forms 9
2 Introduction 10
2.1 CASA liability 10
2.2 Overview 10
2.3 General information 11
2.4 Prescribed purposes 11
2.5 Discussion of administering authority 12
3 The certification process 13
3.1 Eligibility 13
3.2 Airframe life 13
3.3 Time-expired aeronautical products (components) 14
3.4 Modifications 15
3.5 Restoration 15
3.6 Restoration by the owner 16
3.7 Documentation 17
3.8 Registration and marking 17
4 Application for the limited category CofA 18
4.1 Overview 18
4.2 Aircraft inspection 18
4.3 Maintenance release 19
4.4 Pilot qualifications 20
5 Issue of the limited category CofA 21
5.1 Overview 21
5.2 Duration 21
5.3 Cancellation/suspension 21
5.4 Surrender 21
6 Associated matters 22
6.1 Noise certification 22

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6.2 Aircraft import 22


6.3 Unpaved runway certification 22

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1 Reference material

1.1 Acronyms
The acronyms and abbreviations used in this AC are listed in the table below.

Acronym Description
AC advisory circular
AD airworthiness directive

CAO Civil Aviation Order


CAR Civil Aviation Regulations 1988
CASA Civil Aviation Safety Authority

CASR Civil Aviation Safety Regulations 1998


CofA certificate of airworthiness
ICAO International Civil Aviation Organization

MOS Manual of Standards


MTOW maximum take-off weight
NAA National Airworthiness Authority

WHR warbird, historic or replica aircraft

1.2 Definitions
Terms that have specific meaning within this AC are defined in the table below. Where
definitions from the civil aviation legislation have been reproduced for ease of reference, these
are identified by 'grey shading'. Should there be a discrepancy between a definition given in this
AC and the civil aviation legislation, the definition in the legislation prevails.

Term Definition
Administering authority For a limited category aircraft means:
(a) a limited category organisation in relation to the aircraft; or
(b) if there is no limited category organisation in relation to the aircraft,
CASA.

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Term Definition
Appointed person (1) A person who is appointed, in writing, by an administering authority to
assess an application and issue a special CofA on the authority's behalf.
The appointed person may also apply a permit index number to an aircraft
and place any conditions on a special certificate of airworthiness in
accordance with the approved procedures set out in the administering
authority's exposition
(2) A person who has been approved by the administering authority in
accordance with regulation 132.185 for the purpose of assessing a
warbird that has:
• exceeded its approved airframe life
• exceeded the service life limit of a safety critical component of the
aircraft; or
• had a major modification made to it that is not an approved
modification.

Approved airframe life the airframe life stated in the most recent of the following:
a. the aircraft’s approved design;
b. a variation (if any) of the airframe life by the national aviation
authority of the country of the aircraft’s manufacture;
c. if the aircraft is an ex armed forces aircraft—a variation (if any) of
the airframe life by the armed force that operated the aircraft or
for which the aircraft was manufactured;
d. a certificate (if any) stating an airframe life for the aircraft’s
airframe given by the administering authority for the aircraft.
Note: Airframe life may be expressed in a number of ways, including the
amount of operating time, the number of operating cycles or a
calendar period.

Approved modification A modification to an aircraft that has been approved (however described)
by any of the following:
• the aircraft’s manufacturer
• the administering authority
• the NAA of a foreign country under a law of the foreign country
• if the aircraft is an ex-armed forces aircraft—an armed force that
operated the aircraft or for which the aircraft was manufactured
Authorised person A person who has been authorised by CASA to perform certain functions
on behalf of CASA. An authorised person will have been authorised by
means of a CASA Instrument of Authorisation under regulation 6 of Civil
Aviation Regulation 1988 (CAR) or regulation 201.001.
Ex-armed forces aircraft Either:
a. a version of an aircraft that has been manufactured in
accordance with the requirements of, and accepted for use by, an
armed force of any country (whether or not it has been used by
such a force)
or
b. a particular aircraft:
i to which paragraph (a) does not apply; and
ii that has been operated by an armed force of any country

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Term Definition
Historic aircraft Can be any of the following:
a. an aircraft that was manufactured before 1 January 1960
or
b. an Australian manufactured aircraft of a type that is no longer
being manufactured
or
c. a replica of an aircraft mentioned in paragraph (a) or (b)
or
d. an aircraft prescribed by the Part 132 Manual of Standards for
this paragraph.

Maintenance release CASA Form 918. The requirements for a maintenance release are set out
in Division 9 of CAR and Civil Aviation Order (CAO) 100.5.

Major modification A modification or combination of modifications that has a significant effect


on a characteristic affecting the aircraft’s airworthiness, including any of
the following:
• the weight and balance of the aircraft
• the structural strength of the aircraft
• the reliability of the aircraft
• the performance of the aircraft
• the operational characteristics of the aircraft.

Replica aircraft For the purpose of Part 132 and paragraph 21.189 (3) (f), an aircraft is a
replica aircraft if it is built to the same proportions as the original aircraft
and its design and construction is based on the original design standards
and construction methods. This does not preclude the use of substitute
engines or materials if required in the interest of improved safety, or if
original engines or materials are no longer procurable.
Warbird Ex-armed forces aircraft are commonly referred to as warbirds and for
reader convenience, where the term warbird is used in this AC, it refers to
an ex-armed forces aircraft.
Weight control officer A person who has been issued an authorisation under paragraph 33B (1)
(e) of CAR.

1.3 References
Legislation
Legislation is available on the Federal Register of Legislation https://www.legislation.gov.au/

Document Title
the Act Civil Aviation Act 1988
Regulation 21.189 Special certificate of airworthiness for limited category aircraft
Regulation 21.191 Experimental certificates
Part 45 Display of nationality and registration marks and aircraft registration
identification plates

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Document Title
Part 47 Registration of aircraft and related matters

Part 66 Continuing airworthiness – aircraft engineer licences and ratings


Part 132 Limited category aircraft
Part 145 Continuing airworthiness – Part 145 approved maintenance organisations
Part 132 MOS Part 132 Manual of Standards
Division 9 of Civil Maintenance releases
Aviation Regulations
1988 (CAR)
Regulation 33B of CAR Airworthiness authorities
Regulation 42G of CAR Flight control system: additional requirements
Subregulation 43 (9) of Maintenance releases in respect of Australian aircraft
CAR
Subregulation 42ZC (4) Maintenance on Australian aircraft in Australian territory
of CAR
Aircraft noise regulations Air Navigation (Aircraft Noise) Regulations 1984

Regulation 262AN of Approved organisations


CAR
Schedule 7 of CAR Maintenance that must not be carried out on a Class B aircraft by a person
referred to in paragraph 42ZC(4)(b)
Schedule 8 of CAR Maintenance that may be carried out on a Class B aircraft by a person
entitled to do so under subregulation 42ZC(4)
Civil Aviation Order General requirements in respect of maintenance of Australian aircraft
(CAO) 100.5

Advisory material
CASA's advisory materials are available at https://www.casa.gov.au/publications-and-resources/guidance-materials

Document Title

AC 21-10 Experimental Certificates


AC 21-25 Limited Category Aircraft Permit Index
AC 21-47 Flight Test Safety

AC 132-01 Limited Category Aircraft Operation


CAAP 43-1 Maintenance Release

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Other reference material

Document Title
Annex 8, Airworthiness of Aircraft to the Convention on
International Civil Aviation (the Chicago Convention).
General information about warbirds CASA Warbirds web page

1.4 Forms
CASA’s forms are available at http://www.casa.gov.au/forms

Form number Title


918 Maintenance release (includes flight and technical records)

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2 Introduction
For reader convenience, the terms 'limited certificate' and 'limited category aircraft' will be used throughout this
document when referring to a special certificate of airworthiness in the limited category or an aircraft that is certified in
the limited category, respectively.

2.1 CASA liability


2.1.1 Limited category aircraft operators should note the content of regulation 201.003, which
states:
Neither the Commonwealth nor CASA is liable in negligence or otherwise for any loss
or damage incurred by anyone because of, or arising out of, the design, construction,
restoration, repair, maintenance or operation of a limited category aircraft or an
experimental aircraft, or any act or omission of CASA done or made in good faith in
relation to any of those things
Note: This does not include reference to an authorised person.

2.2 Overview
2.2.1 Civil aircraft are designed in accordance with certification standards and criteria that
have been developed by civil authorities with the focus being on safety and reliability.
The guiding document is Annex 8, Airworthiness of Aircraft to the Convention on
International Civil Aviation (the Chicago Convention).
2.2.2 Aircraft produced for the armed forces are normally designed to meet specific military
operational specifications and the design standards used to achieve these requirements
are generally not known to civil authorities.
2.2.3 In order to safely manage these unknowns, CASA has made provision for military
aircraft to continue in civil use once their military life has ended by operating under a
limited certificate. The aircraft in civil use may be subject to a range of safety based
operational restrictions. These restrictions are framed to ensure that risks to the general
public are minimised. The conditions and operational limitations are set out in the
regulations (see Part 132).
2.2.4 Any aircraft which does not have a standard Certificate of Airworthiness (CofA) cannot
be operated unless it has been issued with a special flight permit or a special CofA,
such as a limited certificate.
2.2.5 Regulation 21.189 allows an administering authority to issue a limited certificate for an
aircraft that is:
− an ex-armed forces aircraft
− a historic or replica aircraft
− an aircraft that meets the airworthiness requirements for the issue of a standard
CofA, except for any requirements that the administering authority considers to be
inappropriate for the special purpose operation for which the aircraft is to be used.

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2.2.6 The limited certificate allows operation of such aircraft for one or more of the special
purpose operations that are set out in subregulation 21.189 (3), and listed for
convenience in section 2.4.

2.3 General information


2.3.1 The limited category provisions in Part 21, in conjunction with Part 132 permit a wide
range of civil operations to be carried out in a warbird or historic aircraft, ranging from
personal use to adventure flights.
2.3.2 Type certificates or type acceptance certificates are not required for limited category
aircraft.
2.3.3 A limited category warbird, historic or replica (WHR) aircraft is not required to comply
with any specific civil airworthiness standards or design codes.
2.3.4 Non-WHR aircraft are required to comply with appropriate civil airworthiness standards
for standard aircraft except those that are considered inappropriate for the special
purpose operation.
2.3.5 The aircraft can be of any shape, weight, engine configuration or size, but are limited to
the carriage of six occupants (meaning passengers and crew) or less, unless
specifically approved by the administering authority to carry more persons (safety case
required).
2.3.6 Limited category aircraft may only be operated in accordance with conditions placed on
their CofA and the limitations, procedures and requirements as set out in Part 132.

2.4 Prescribed purposes


2.4.1 The limited category certification regulations are specifically intended to allow otherwise
ineligible aircraft to be certificated for any one or more of the following special purposes:
− adventure style operations (historic or ex-military aircraft only)
− aerobatic flights
− aerobatic training
− exhibition flights
− mock combat
− operating replica aircraft
− carrying people for parachute jumping (excluding tandem jumps or training jumps)
− any other operation in which the only use of the aircraft is to carry people taking
part in a recreational activity that is intrinsically hazardous.
Note: A limited category aircraft may be certificated for more than one of the purposes listed above.

2.4.2 In addition to one or more of the special purposes that may be listed on a limited
certificate via its annex, Part 132 also permits a range of authorised operations.1

1
For further information, refer to Advisory Circular (AC) 132-01.

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2.5 Discussion of administering authority


2.5.1 While always retaining the power to process applications for licences, certificates or
approvals, CASA is not required to process applications if there is already an
organisation or individual in place who is approved to process a particular application.
Wherever this AC states that an application must be made to an organisation, such as
an administering authority, CASA will not normally provide itself as an alternate venue
for the processing of that application.

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3 The certification process

3.1 Eligibility
3.1.1 The basic eligibility requirement for certification of an aircraft in the limited category is
that it is one of a type that has, at some stage, undergone a formal airworthiness
acceptance process by either a civil or a military authority.
3.1.2 If the aircraft type is of military origin, then it must have been produced in accordance
with the requirements of, and accepted by, an armed force of any nation. It is not a
requirement that an aircraft had been put into service having passed through the
development, flight testing and acceptance stages. It is possible for an aircraft to be
made redundant by changed requirements or circumstances after acceptance, but
before it entered service.
3.1.3 If the aircraft is of civil origin, then the administering authority must be satisfied that the
aircraft meets the airworthiness requirements (present or past) applicable to an aircraft
for which a standard CofA has been issued. Except for any requirements that are
inappropriate for the special purpose for which the aircraft is to be used.
3.1.4 Examples of aircraft that could be eligible to operate in the limited category are:
− ex-military aircraft (e.g. Hawker Hunter, Sabre, MIG-17, MIG-21, T-28, Winjeel,
Harvard, Spitfire, Kittyhawk, B-17, C-47)
− historic aircraft of civil origin (e.g. Comper Swift, Yakovlev Yak 18T)
− replica aircraft (e.g. Me-109 replica; the Southern Cross replica)
3.1.5 Aircraft designed specifically for research or experimental purposes (e.g. the Avro 707
series) or prototype aircraft are not eligible for certification in the limited category.
However, they may be eligible for an experimental certificate under
subregulation 21.191 (i) private operations of a prototype aircraft.
3.1.6 A warbird, historic or replica aircraft will be issued with a limited certificate if the
administering authority is satisfied that the aircraft can be reasonably expected to
operate at an acceptable level of safety if flown in accordance with any limitations or
conditions that the administering authority may place upon the aircraft's limited
certificate. The conditions could be:
− speed restrictions
− reduced maximum take-off weight (MTOW)
− reduced passenger numbers
− aerobatic limitations
− geographic restrictions.

3.2 Airframe life


3.2.1 It may be difficult to determine whether or not a particular WHR aircraft has reached or
exceeded its approved airframe life (if applicable). Factors that could make such a
determination difficult could include:
− loss or destruction of service records

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− an aircraft that has been constructed using major assemblies from a number of
donor aircraft
− an aircraft that has been restored from ‘basket case’ condition and includes many
new major parts that have been manufactured in the course of maintenance, and in
some cases, by reverse engineering.
3.2.2 If an ex-armed forces aircraft has exceeded its approved airframe life, or if its airframe
life status is unable to be determined, it will still be eligible for a limited certificate if an
appointed person authorised by the administering authority has assessed the aircraft
and determined that it can be safely flown beyond the approved airframe life. This
determination is subject to any conditions that the engineer may specify for the aircraft
(i.e. weight, speed, aerobatics or G-loadings). The assessing engineer may also specify
additional inspections and maintenance requirements, and may place a limitation on the
further use of the aircraft in terms of total flight hours, landing cycles or engine starts.
3.2.3 For the purposes of adventure flights, the appointed person may approve a new
airframe life either during initial issue of a limited certificate or at a later time.

3.3 Time-expired aeronautical products (components)


3.3.1 An aircraft may have a number of components that have a service life limit prescribed
by the manufacturer of the aircraft or of a particular component of an aircraft. A military
user or a national airworthiness authority (NAA) (including CASA) could also specify a
service life limit for some components based on operational experience. The life limit
could be expressed in terms of flight hours, operation cycles, or calendar time and may
require that at the expiry of the specified time in service, the component must be
overhauled, remanufactured or scrapped.
3.3.2 It may not always be feasible to source replacement components or the necessary
spare parts to complete an overhaul. However, an aircraft that has time-expired
components may still be issued with a limited certificate if:
− the administering authority has determined that the life limited component is not an
item of equipment that is essential for the safe operation of the aircraft in a non-
military role
− an appointed person has assessed the aircraft and determined that it can be safely
flown with the time-expired component subject to any special conditions that may
be applied2
− an aircraft that has a safety critical aeronautical component which has exceeded it
life limit, may not be operated for adventure flights or flown over a populous area
unless an administering authority has determined that the component is not safety
critical.3

2
Refer to the Part 132 Manual of Standards (MOS).
3
In accordance with paragraph 132.175 (1) (d).

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3.4 Modifications
3.4.1 If modifications have been made to a limited category aircraft, the modifications do not
require approval for the purpose of issuing a limited certificate. However, it is a
requirement that the person issuing the certificate must be satisfied that the aircraft can
reasonably be expected to be safe when it is operated under the conditions limiting its
intended use.4
3.4.2 Major modifications that are not covered by approved data should be assessed by the
person issuing the certificate. They will make a determination as to whether any
conditions or limitations should be imposed on the aircraft’s limited certificate.
Note: If a limited category aircraft has a major modification that is not covered by approved data, then it will be
subject to operational restrictions under Part 132.

3.4.3 Changes to a limited category aircraft, such as modifications and repairs that meet the
definition of a major modification (see section 1.2) for which there is no approved data,
must be assessed by an administering authority if the aircraft is to be operated for
adventure flights5 or over a populous area.6
3.4.4 The aircraft may have conditions applied to the limited certificate if the assessing
person feels that the modification may have a negative effect on the safety or
performance of the aircraft. This means that a warbird that was originally powered by an
engine that is no longer available, may be fitted with a substitute engine without penalty,
if the modification does not adversely affect the aircraft’s:
− performance
− safety
− reliability
− structural integrity
− weight and balance.
3.4.5 In all cases, the final decision of whether or not to issue a limited certificate will rest with
the administering authority. It is in the owner’s interest to ensure that any engineering
analysis is sufficiently comprehensive to assist the administering authority to arrive at a
decision as to whether or not to issue a certificate. During assessment, the
administering authority will either:
− issue a certificate with appropriate conditions attached
− refuse to issue a certificate
or
− request further engineering analysis.

3.5 Restoration
3.5.1 Restoration in this context means the work required to allow the aircraft to:
− be operated in accordance with the Flight Manual/pilot’s notes

4
In accordance with paragraph 21.189(1)(c).
5
In accordance with regulation 132.105.
6
In accordance with paragraph 132.075 (8) (c).

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− be in a state that, as far as can be determined, an authorised person or CASA is


satisfied that the aircraft can reasonably be expected to be safe when operated
under the conditions limiting its use.
3.5.2 Restoration of a warbird can vary widely in scope and complexity depending on the
aircraft's type, age and physical state (at commencement of the project). For example,
an aircraft that has been operating just prior to shipment to Australia may require little or
no restoration before CofA issue, whereas, a non-operational warbird (i.e. has been
parked in the open for decades) may require thousands of hours of restoration work.
3.5.3 Where an aircraft has, until recently, been in use by an armed service and is still
essentially fully serviceable (apart from being dismantled for shipping) the aircraft may
only require a normal post-maintenance air test to demonstrate its serviceability. In such
cases, the appointed person may consider it appropriate to by-pass the need for an
experimental certificate and issue the limited certificate. This is subject to an
endorsement on the maintenance release that states the aircraft must first complete a
satisfactory air test.7
3.5.4 The restoration work must be carried out by an approved maintenance organisation
whose scope of approval permits the work.8 This does not prevent work being carried
out by the owner or some work being done by specialists, provided that it is carried out
under the control and supervision of the maintenance organisation and the work is
properly certified by the maintenance organisation.

3.6 Restoration by the owner


3.6.1 Under subsection 20AB (2) of the Act, it is an offence that carries a penalty of
imprisonment for up to 2 years if a person carries out maintenance on an aircraft in
Australia and is not permitted by regulations to do so. This also applies to maintenance
of an aeronautical product for an Australian aircraft. If an owner performs restoration
work on a warbird and does not meet the regulatory requirements, they are at risk of
being charged under the Act.
3.6.2 A person who carries out maintenance on an aircraft (other than pilot maintenance
allowed under Schedule 8 of CAR) must:
− hold a CASA aircraft maintenance engineer licence
− hold a maintenance authority issued by CASA under regulation 33B of CAR
− if the maintenance is specified in Schedule 7 of CAR, the person must be employed
by an organisation that holds an approval to provide maintenance services under
regulation 30 of CAR or Part 145
or
− work under the supervision of one of the above.
Note: Subregulation 42ZC (4) of CAR makes provision for an individual to carry out maintenance work under
the supervision of an approved maintenance organisation.

3.6.3 Warbird, historic or replica aircraft owners who have purchased an aircraft with the
intention of doing some or all of the restoration work themselves should ensure that
7
Refer to subregulation 43 (9) of the Civil Aviation Regulations 1988 (CAR).
8
In accordance with subsection 20AB (2) of the Act.

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before work commences, they have in place a documented arrangement with an


approved maintenance organisation.

3.7 Documentation
3.7.1 When carrying out a restoration project on a WHR aircraft, it is important that the
restorer makes comprehensive records of the work including details of each
maintenance task carried out, the maintenance data used, materials used and any other
information which will assist the person issuing the limited certificate and permit index
number. Photographs should be used wherever possible, particularly for recording work
that will not be easily visible when the aircraft is completed. A poorly documented
restoration will result in a more restrictive permit index number.

3.8 Registration and marking


3.8.1 Before application for issue of the limited certificate, the aircraft must be registered.9
3.8.2 As well as the nationality and aircraft registration marks, the following markings are
required: 4
− an aircraft registration identification plate must be attached to an accessible
location near an entrance
− an aircraft data plate with specific information that identifies the aircraft imprinted on
it must be fixed to the aircraft
− the word ‘LIMITED’ must be displayed on the outside of the aircraft near each
entrance to the cabin or cockpit in letters not less than 5 cm or more than 15 cm in
height. The letters must be in block capitals of a style that is conspicuous, legible
and easily read by each person entering the aircraft
− for other than single-seat aircraft, subparagraph 132.050 (2) (e) requires that a
warning placard must be displayed in the cabin or cockpit at a location in full view
of all passengers, with the wording:
WARNING
PERSONS FLY IN THIS AIRCRAFT AT THEIR OWN RISK
THIS AIRCRAFT WAS NOT DESIGNED FOR AIR TRANSPORT OPERATIONS AND IS NOT
REQUIRED TO BE OPERATED TO THE SAME SAFETY STANDARDS AS AN AIRCRAFT
USED FOR AIR TRANSPORT OPERATIONS

9
Refer to Parts 45 and 47.

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4 Application for the limited category CofA

4.1 Overview
4.1.1 Application should be made to the administering authority, details of which can be found
at the CASA Warbirds web page.
4.1.2 The following documents should accompany the application form:
− a written statement that establishes the purposes for which the aircraft is to be
used. This should include details of aircraft basing, areas of operation, approximate
hours per year, intentions for passenger carriage/payment
− sufficient data to identify the aircraft (e.g. photographs, three-view drawings)
− a maintenance schedule for the aircraft that adequately provides for the continuing
airworthiness of the aircraft.
4.1.3 Depending on the size, condition, age and complexity of the aircraft involved, and the
purposes for which the limited certificate is being sought, the administering authority
may require other documentation to be provided in support of the application (e.g. the
completed restoration schedule worksheets, airframe life substantiation).

4.2 Aircraft inspection


4.2.1 If no restoration has been involved and no experimental certificate has been issued,
then the appointed person will inspect the aircraft to assess as far as can reasonably be
determined:
− that the aircraft is in a good state of preservation and repair, and in a condition for
safe operation
− if work has been carried out on control systems - an independent inspection of the
control system has been carried out and certified by a person described in
subregulation 42G (5) of CAR. This is normally a licenced aircraft maintenance
engineer whose licence covers the type of maintenance or a pilot whose licence is
valid for the type of aircraft.
4.2.2 If the aircraft has been extensively restored, the appointed person may also decide to
inspect work records to ensure that the required certifications have been made by
appropriately qualified persons.
4.2.3 The final inspection by the appointed person should take place before the first test flight.
The range of tests conducted during the test flight period will vary, depending on the:
− elapsed period since last flight
− degree of disassembly and reassembly involved for shipment (if any)
− degree of engine/system inhibition/de-inhibition involved
− extent and complexity of any restoration carried out
Note: The appointed person carrying out the inspection is not responsible for the integrity of the design
or construction of the aircraft, or for the identification of any structural design or construction
deficiencies.

4.2.4 The aircraft should be complete and ready to fly, except that cowlings, fairings and
panels may be opened for the inspection. The aircraft should have completed the:

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− weight and balance exercise


− airframe and control rigging checks
− aircraft flight control duplicate checks
− fuel system checks
− full power runs
− compass swing
− undercarriage retraction test
− taxi tests (as applicable).
4.2.5 The aircraft cannot be issued with a maintenance release before it is issued with a
CofA.10 However, there should be a certification in the aircraft maintenance records
stating that a maintenance release inspection has been satisfactorily completed. Once
the CofA has been issued, the maintenance release must be issued before the aircraft
is flown.11
Note: The appointed person may wish to observe an engine run during the inspection.

4.2.6 The aircraft may be taxied, and carry out high-speed runs (if required) on a runway prior
to the experimental certificate being issued. However, it is illegal for the aircraft to lift off
from the runway under these conditions unless it has been issued with a CofA and has
a valid maintenance release.
4.2.7 The scope of the inspection is limited to ensuring:
− the aircraft is registered and marked in accordance with requirements discussed in
section 3.8
− the completion of the relevant inspection requirements, as described in this AC
− the aircraft has been weighed and the weight and balance data has been compiled
under the supervision of a weight control officer
− the engine(s) and flight controls operate correctly
− the pitot-static system and associated instruments operate correctly
− all applicable Australian ADs have been complied with
− all maintenance has been properly certified by appropriately qualified persons.
4.2.8 If the appointed person deems flight testing to be necessary, an experimental certificate
issued in accordance with subregulation 21.191 (b) will be required before the aircraft
can be test flown.12

4.3 Maintenance release


4.3.1 Under regulation 139 of CAR, a pilot commits an offence if a flight is made and a
maintenance release is not carried in the aircraft. A maintenance release can only be
issued for an aircraft that is registered, has a valid CofA and has completed a
maintenance release inspection.
4.3.2 Before the first flight of a newly-certificated warbird, the owner must ensure that the
maintenance release inspection has been completed and a maintenance release issued
by a maintenance organisation that holds the appropriate approvals.13 14

10
In accordance with subregulation 43 (6) of CAR.
11
In accordance with paragraph 139 (1) (c) of CAR.
12
For further information, refer to AC 21-10 and 21-47.

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4.4 Pilot qualifications


4.4.1 A pilot must hold a valid Part 61 licence, including any ratings or endorsements that are
applicable to the type of aircraft being flown.15

13
In accordance with paragraph 139 (1) (c) of CAR.
14
For further information on the issue and use of a maintenance release, refer to CAAP 43-1.
15
Details of required ratings can be found in Legislative Instrument - CASR 1998 - Prescription of aircraft
and ratings - CASR Part 61.

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5 Issue of the limited category CofA

5.1 Overview
5.1.1 After final document checks are completed, and the appointed person is satisfied that
the aircraft is in a safe condition for the intended operations, the appointed person will
complete the outstanding sections of the application form, and then issue a limited
certificate, together with an annex detailing the limitations associated with long-term
operation of the aircraft.
5.1.2 The range of conditions/limitations that may be selectively applied to the limited
certificate include:
− the standard operating limitations listed at Appendix B – (a) to (f)
− the additional operating limitations – numbers (g) to (p).
Note: Nothing precludes the appointed person adding further conditions/limitations as they see fit to minimise
risks to other airspace users and persons on the ground or water.

5.1.3 The geographical operating limitations are based on the permit index.16

5.2 Duration
5.2.1 The limited certificate would normally be issued without an expiry date, meaning that it
remains in force until cancelled, or until the aircraft ceases to be registered, whichever
occurs first.

5.3 Cancellation/suspension
5.3.1 CASA has the power to suspend or cancel a limited certificate if CASA considers that
the action is warranted in the interests of safety.
5.3.2 A suspended certificate will be reinstated on a date prescribed by CASA or when any
required rectification action is completed.
5.3.3 If the limited certificate has been cancelled, either on safety grounds or because the
aircraft ceases to be on the Australian register, then a new certificate would have to be
applied for. There is no provision for a ‘reissue’ in the regulations.

5.4 Surrender
5.4.1 If a limited certificate is suspended or cancelled, the holder of the certificate must
surrender it to CASA on written request from CASA.17

16
For further information on permit indexes, refer to AC 21-25.
17
In accordance with regulation 21.195B.

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6 Associated matters

6.1 Noise certification


6.1.1 Noise certification for aircraft is not regulated by CASA, however, it is required before
the aircraft can legally be operated in Australian territory. Aircraft noise is regulated
through the Air Navigation (Aircraft Noise) Regulations 1984 (introduced in 1984 under
the Air Navigation Act 1920).
6.1.2 Noise certification (or the lack of) has no legal impact on the individual special CofA
issue. If an individual aircraft does not meet the Australian noise requirements, then it is
illegal for that aircraft to operate in Australian territory, even though the aircraft may
have a valid special CofA.18

6.2 Aircraft import


6.2.1 The formalities of importing an aircraft are not directly associated with the application for
issue of a limited certificate. These matters do not involve CASA, other than as an
interface for issue of documentation that might be used to facilitate ferry of the aircraft to
Australia. The owner is advised to contact the Australian Customs Service for further
advice (refer to Appendix A for contact details).

6.3 Unpaved runway certification


6.3.1 Individual aeroplanes with an MTOW of less than 5,700 kg may operate on unpaved
runways in Australia without the need for formal certification. Aeroplanes with a MTOW
above 5,700 kg are required to be certificated (by aircraft type) for such operations, with
appropriate flight manual supplements or integrated data in the aircraft flight manual.

18
Aircraft noise certification is administered by Airservices Australia and further information may be
obtained on the Airservices Australia website. Refer to Appendix A for contact details.

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Contact details of advisory organisations

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Australian Customs
Website: www.customs.gov.au
Email [email protected]
Phone: 1300 363 263

Australian Warbirds Association Limited


Website: http://www.australianwarbirds.com.au/
Email: [email protected]

Civil Aviation Safety Authority


Website for ‘Delegate search and/or an authorised person’:
Website: https://www.casa.gov.au/search-centre/airworthiness-delegates

CASA Test Pilot


C/- CASA
GPO Box 2005
Canberra ACT 2601
Telephone: 131 757

Airservices Australia
Website: http://www.airservicesaustralia.com/services/aircraft-noise-certification/
Email: [email protected]

Flight Test Society of Australia


Website: www.ftsa.org.au/

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Sample operating limitations

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Standard Limitations
a. All operations in this aircraft must be carried out in accordance with the limitations and
special requirements that are set out in this appendix.
b. Operation of this aircraft is limited to the following purposes:
................................................................................................................................
..............................................................................................................................
and those authorised operations mentioned in regulation 132.055.
c. If the aircraft has a permit index of 0:
− this aircraft has a permit index of 0: No restrictions apply to flights over populous
areas
− if the aircraft has a permit index number of one 1:
o this aircraft has a permit index of 1 and must not be flown over a populous area
except for taking off and landing at aerodromes not described in Part 132 MOS
as being unsuitable for permit 1 operation.
o flights over populous areas other than for taking off or landing in accordance
with subregulation 132.075 (4) must approved in writing by an administering
authority.
or
− if the aircraft has a permit index of 2:
o this aircraft has a permit index of 2 and must not be flown over a populous area
unless approved in writing by CASA
or
− if the aircraft has a permit index of 3:
o this aircraft has a permit index of 3 and is prohibited from flying over a
populous area
additionally:
− if the aircraft has a permit index other than 0:
o when operating instrument flight rules and/or in controlled airspace, the pilot-in-
command of this aircraft must notify Air Traffic Control of the limited category
nature of this aircraft and of the restrictions that apply to flights over populous
areas.
d. No person may operate this aircraft unless the CofA and its annex are available to the
pilot and the pilot has familiarized themselves with the limitations and restrictions that
apply to operations in this aircraft.
e. If the aircraft is not equipped and certified for night operations the aircraft must be flown
only by day.
f. If the aircraft is not equipped and certified for instrument flight the aircraft must be flown
under visual flight rules only.

Additional operating limitations


g. The aircraft is prohibited from aerobatic flight such as, any intentional manoeuvre
involving an abrupt change in the aircraft's attitude, an abnormal attitude, or abnormal
acceleration not necessary for normal flight.
or

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h. The aircraft may only conduct the following aerobatic flight manoeuvres:
i. A parachute must be worn for.................. (flights/hours/operations)
j. The aircraft may only be flown by..........…………………............ (name of pilot).
k. The following restrictions are applied:
………………………………................. (speeds)
................………………………………. (weights)
…………………………………………... (altitudes)
..............………………………………... (attitudes)
............………………..………………... (load factors)
.....……………………..………….......... (CG limitations)

l. The aircraft has exceeded its approved airframe life.


Flights over populous areas are not permitted and passengers must not be
carried for payment.
m. The aircraft contains components that are essential for safe flight and that have
exceeded their approved operating life limitations.
Flights over populous areas are not permitted and passengers must not be
carried for payment.
n. The aircraft has had modifications incorporated that have not been approved in
accordance with regulation 132.030.
Flights over populous areas are not permitted and passengers must not be
carried for payment.
o. If adventure flights are conducted:
p. Adventure flights may only be conducted in accordance with the VH-XXX adventure
flight procedures.

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