Thanks Wombat for putting me straight! Help me Wombat, am I getting warm now? (see below)
Just goes to show how confusing everything is! Mea culpa, mea culpa, mea maximus culpa! I apologise unreservedly for any confusion caused ;-) According to the CASA page: http://www.casa.gov.au/owners/flightman/refs.htm The new AFM regulations Regulations: 2(1), 54, 55, 138, 139, 322 and 323 of Civil Aviation Regulations 1988, (CAR 1988) are the relevant regulations concerning AFMs for Australian aircraft. Relevant regs here: http://www.casa.gov.au/download/act_regs/1988.pd 2 Interpretation (1) In these Regulations, unless the contrary intention appears: <snip next 30 pages of interpretation!> 54 Meaning of flight manual <snip> 55 Changes to flight manuals for Australian aircraft <snip> 138 Pilot to comply with requirements, etc of aircraft's flight manual, etc <snip> 139 Documents to be carried in Australian aircraft (1) Subject to subregulation (2), the pilot in command of an aircraft, when flying, must carry on the aircraft: Note For strict liability, see section 6.1 of the Criminal Code. (a) its certificate of registration; (b) its certificate of airworthiness; (c) unless CASA otherwise approves, its maintenance release and any other document approved for use as an alternative to the maintenance release for the purposes of a provision of these Regulations; (d) unless CASA otherwise approves, the licences and medical certificates of the operating crew ; (e) the flight manual (if any) for the aircraft ; (f) any licence in force with respect to the radio equipment in the aircraft; (g) if the aircraft is carrying passengers-a list of the names, places of embarkation and places of destination of the passengers; (h) if the aircraft is carrying cargo-the bills of lading and manifests with respect to the cargo. Penalty: 10 penalty units. (2) An aircraft operating wholly within Australian Territory is not required, when flying, to carry a document specified in paragraph (1) (a), (b), (f) or (g). (3) An aircraft that is operated under an AOC need not carry its flight manual when flying if it carries on board an operations manual that: (a) contains the information and instructions that are required, under the relevant airworthiness standards for the aircraft, to be included in the flight manual; and (b) does not contain anything that conflicts with the information or instructions. (4) An offence against subregulation (1) is an offence of strict liability. Note For strict liability, see section 6.1 of the Criminal Code. (5) It is a defence to a prosecution under subregulation (1) if the flight was authorised by: (a) a permission to fly under regulation 317; or (b) a special flight permit issued under regulation 21.197 of CASR. Note A defendant bears an evidential burden in relation to the matters in subregulation (5) (see subsection 13.3 (3) of the Criminal Code). 322 Transitional: changes to flight manuals for Australian aircraft (1) Subregulations (4) and (5) apply to the holder of the certificate of registration for an Australian aircraft for which a flight manual has been issued if: (a) the aircraft's manufacturer, or the holder of the type certificate to which the aircraft conforms, gave an instruction, before 16 August 1999, to the effect that a change must be made to the manual; and (b) the change has been approved by CASA or the relevant NAA for the aircraft. Note For relevant NAA see subregulation 2 (1). (2) Subregulations (4) and (5) also apply to the holder of the certificate of registration for an Australian aircraft for which a flight manual has been issued if: (a) a modification that conforms to a supplemental type certificate applying to the aircraft, or an aircraft component fitted to the aircraft, was carried out, before 16 August 1999, on the aircraft or aircraft component; and (b) the holder of the supplemental type certificate gave an instruction, before 16 August 1999, to the effect that a change must be made to the manual because of the modification; and (c) the change has been approved by CASA or the NAA that issued the supplemental type certificate. Note For NAA see the Dictionary at the end of CASR. (3) Subregulations (4) and (5) also apply to the holder of the certificate of registration for an Australian aircraft for which a flight manual has been issued if: (a) a modification that does not conform to a supplemental type certificate was carried out, before 16 August 1999, on the aircraft or an aircraft component fitted to the aircraft; and (b) CASA or an authorised person approved the design of the modification under regulation 35; and (c) CASA or the authorised person gave an instruction in writing, before 16 August 1999, to the effect that a change must be made to the manual because of the modification. (4) The certificate holder must make the change to the aircraft's flight manual: (a) for an aircraft with a certificate of airworthiness in the transport category: (i) if under regulation 55 a change to the aircraft's flight manual is required to be made before 16 August 2000 -before the change under regulation 55 is made to the manual; or (ii) in any other case - before 16 August 2000; or (b) for any other aircraft: (i) if under regulation 55 a change to the aircraft's flight manual is required to be made before 16 August 2002 - before the change under regulation 55 is made to the manual; or (ii) in any other case - before 16 August 2002. Penalty: 50 penalty units. (5) If the certificate holder makes a change to the aircraft's flight manual under subregulation (4), the holder must tell CASA, in an approved form, about the details of the change within 48 hours after the aircraft is flown for the first time after the change is made. Penalty: 20 penalty units. (6) An offence against subregulation (4) or (5) is an offence of strict liability. Note For strict liability, see section 6.1 of the Criminal Code. 323 Transitional: documents to be carried in Australian aircraft (1) This regulation applies to an Australian aircraft if a change to its flight manual is required under regulation 322. (2) Despite subregulation 139 (1), during the transition period, the aircraft is not required to carry its flight manual when flying if it carries on board the manual that was its flight manual immediately before 16 August 1999. Note An aircraft's flight manual immediately before 16 August 1999 was the manual in force for the aircraft under regulation 138, as that regulation was in force immediately before that day. (3) In subregulation (2): transition period means: (a) if the change to the aircraft's flight manual is made before the last day of the period within which the change must be made - the period beginning on 16 August 1999 and ending at the end of the day on which the change is made; or (b) if paragraph (a) does not apply - the period within which the change must be made under subregulation 322 (4). _______________________________________________ Aus-soaring mailing list [email protected] To check or change subscription details, visit: http://lists.internode.on.net/mailman/listinfo/aus-soaring
