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In this subpart:

21.11 Purpose

This Subpart prescribes rules governing—

(1) the type certification of a product to be manufactured in New Zealand:

(2) the type acceptance certification of a product to be imported into New Zealand:

(3) the responsibilities of a holder of a type certificate.

21.13 Certificate categories

(a) The following certificates may be issued by the Director under this Subpart:

(1) standard category type certificate for a product type to be manufactured in New Zealand:

(2) restricted category type certificate for an aircraft type to be manufactured in New Zealand:

(3) standard category type acceptance certificate for a product type to be imported into New Zealand:

(4) restricted category type acceptance certificate for an aircraft type to be imported into New Zealand.

(b) The Director may issue a certificate specified in paragraph (a) if the applicable requirements for the certificate are met.

(c) When issuing a restricted category type certificate or a restricted category type acceptance certificate for an aircraft, the Director must specify in the certificate the operational purposes for which the aircraft is certificated.

21.15 Reserved

21.17 Application for certificate

(a) An applicant for the issue of a type certificate for a product type must complete the approved CAA form and submit it to the Director with—

(1) a payment of the appropriate application fee prescribed by regulations made under the Act; and

(2) the following information—

(i) for an aircraft type, a three-view drawing of the aircraft type and any available preliminary basic data; and

(ii) for an aircraft engine or propeller type, a description of its design features, its operating characteristics, and its proposed operating limitations; and

(iii) any further particulars relating to the product as required by this Subpart or may be required by the Director.

(b) An application for the issue of a type certificate for a product type remains in effect for a period of—

(1) 3 years; or

(2) 5 years for an aeroplane type with a MCTOW greater than 5700 kg; or

(3) 5 years for a rotorcraft type with a MCTOW greater than 2730 kg; or

(4) a longer period that may be approved by the Director.

(c) An applicant for the issue of a type acceptance certificate for a product type must complete the approved CAA form and submit it to the Director with a payment of the appropriate application fee prescribed by regulations made under the Act.

21.19 Issue of certificate

(a) An applicant is entitled to the issue of a type certificate or a type acceptance certificate for a product type if the Director is satisfied that—

(1) the applicant meets the applicable certification requirements in rules 21.31 to 21.43; and

(2) the issue of the certificate is not contrary to the interests of aviation safety; and

(3) for a type certificate for a product type—

(i) the inspections and tests required under rule 21.35 confirm that the product type meets the applicable airworthiness requirements; and either

(ii) the applicant holds or has applied for a design organisation certificate in accordance with Part 146; or

(iii) the applicant holds or has applied for a manufacturing organisation certificate in accordance with Part 148.

(b) If a type certificate is not issued within the time period specified in rule 21.17(b) for the application, the applicant may, in accordance with rule 21.17(a),—

(1) submit a new application for a type certificate; or

(2) submit an application to extend the original application.

(c) If an application submitted under paragraph (b)(2) to extend an application for a type certificate is accepted, the effective date of the original application is deemed to be a date that precedes the actual date of issue of the type certificate by a period not greater than the period established under rule 21.17(b) for the original application.

21.21 Reserved

21.23 Special conditions

The Director may prescribe special conditions for a product to establish a level of safety equivalent to the airworthiness design standards specified in Appendix C if the Director determines that the airworthiness standards do not contain adequate or appropriate safety levels because—

(1) the product has novel or unusual design features relative to the design practices on which the applicable airworthiness design standards are based; or

(2) the intended use of the product is unconventional.

21.25 Duration of certificate

(a) A type certificate remains in force unless the certificate is suspended or revoked.

(b) A type acceptance certificate remains in force unless the type certificate or other equivalent document required under rule 21.43(a)(1)(i) for the issue of the type acceptance certificate is no longer valid.

21.27 Transfer of certificate

(a) A holder of a type certificate must not transfer the certificate to another person unless the person to hold the type certificate is acceptable to the Director and the person holds—

(1) a design organisation certificate issued in accordance with Part 146; or

(2) a manufacturing organisation certificate issued in accordance with Part 148.

(b) A holder of a type certificate must, before transferring a type certificate,—

(1) notify the Director in writing of the name and address for service of the transferee; and

(2) produce the type certificate to the Director for amendment.

Type Certification Requirements

21.31 Airworthiness requirements

An applicant for the grant of a type certificate for a product type must provide the Director with evidence that—

(1) except as provided in paragraph (2), the product type design complies with—

(i) the applicable airworthiness design standard specified in Appendix C or any later amendment of that standard as selected by the applicant; and

(ii) any special conditions prescribed by the Director under 21.23; and

(iii) any other airworthiness requirement the Director considers to be relevant; and

(iv) the applicable aircraft noise and engine emission standards specified in Appendix C or any later amendment of those standards as selected by the applicant; and

(2) any airworthiness requirement not complied with is compensated for by factors providing an equivalent level of safety; and

(3) no feature or characteristic of the product type makes it, when operated in accordance with the correctly amended flight manual or other prescribed limitations, unsafe for the intended use.

21.32 Aircraft noise and engine emission certification

An applicant for the grant of a type certificate for a product type must provide the Director with—

(1) for an aircraft type, aircraft noise certification information consisting of—

(i) the manufacturer's type and model designation, engine type and model, and if applicable the propeller type and model; and

(ii) a statement identifying the applicable noise standard for the aircraft type in accordance with the standard category aircraft noise standard specified in Appendix C; and

(iii) a list of any modifications that have been incorporated in the aircraft design to ensure compliance with the noise standard identified by the applicant under paragraph (1)(ii); and

(iv) a statement specifying the average aircraft noise levels measured in accordance with the standards and procedures prescribed for the noise standard identified by the applicant under paragraph (1)(ii); and

(v) a statement specifying the maximum weight of the aircraft during the noise level measurements required in paragraph (1)(iv); and

(2) for turbojet and turbofan engine types, engine emission certification information meeting the standard category engine emission standards specified in Appendix C, including —

(i) the manufacturer's type and model designation; and

(ii) a statement identifying the applicable engine emission standard for the engine type, in accordance with the standard category aircraft engine emission standard specified in Appendix C; and

(iii) a list of any modifications that have been incorporated in the engines to ensure compliance with the emission standard identified by the applicant under paragraph (2)(ii); and

(iv) a statement of the rated output as prescribed in the emission standard identified by the applicant under paragraph (2)(ii); and

(v) a statement of the reference pressure ratio as required by the emission standard identified by the applicant under paragraph (2)(ii); and

(vi) a statement identifying compliance with the Smoke Number requirements in the emission standard identified by the applicant under paragraph (2)(ii); and

(vii) a statement identifying compliance with the gaseous pollutant requirements in the emission standard identified by the applicant under paragraph (2)(ii).

21.33 Type design

An applicant for the grant of a type certificate for a product type must—

(1) provide the Director with a type design that consists of—

(i) the drawings, specifications, and information necessary to define the configuration and the design features of the product type which have been shown to comply with the applicable airworthiness requirements; and

(ii) a list of those drawings and specifications provided under paragraph (1)(i); and

(iii) the information on dimensions, materials, and processes necessary to define the structural strength of the product type; and

(iv) the Airworthiness Limitations section of the Instructions for Continued Airworthiness, required in the applicable airworthiness design standards specified in Appendix C; and

(v) any other data necessary to allow the determination of the airworthiness of later products of the same type; and (2) identify each type design and each variant within the type design.

21.35 Inspections and tests

(a) Each applicant for the grant of a type certificate for a product type must inspect and test a product of the type to ensure that—

(1) the product complies with the applicable airworthiness requirements; and

(2) the materials and product conform to the specifications in the type design; and

(3) all parts of the product conform to the drawings in the type design; and

(4) the manufacturing processes, construction and assembly conform to those specified in the type design.

(b) The applicant must, after making the inspections and tests required under paragraph (a)—

(1) permit the Director to perform any inspection and flight and ground testing that the Director may require; and

(2) provide evidence that the product meets the requirements in paragraphs (a)(2), (3) and (4); and

(3) ensure that the product remains unchanged between the time that the product is shown to meet the requirements in paragraphs (a)(2), (3) and (4) and presentation to the Director for testing.

21.37 Statement of compliance

(a) Each applicant for the grant of a type certificate presenting a product to the Director for tests under 21.35(b) must provide the Director with a statement of compliance stating that the applicant has complied with the requirements of 21.35(b)(2) and (3).

(b) Each applicant for the grant of a type certificate for a product type must provide the Director with a statement of compliance stating that the product complies with the applicable airworthiness requirements.

21.39 Flight tests

(a) Subject to paragraph (b), an applicant for the issue of a type certificate for an aircraft type must make a flight test that the Director may require to verify that—

(1) the aircraft type complies with the applicable airworthiness requirements; and

(2) the aircraft type and the aircraft components are reliable and function properly.

(b) The applicant must ensure that—

(1) before a flight test that is required under paragraph (a) is made—

(i) the aircraft complies with the structural requirements of the applicable airworthiness design standards specified in Appendix C; and

(ii) the aircraft has undergone the necessary ground inspections and tests; and

(iii) the aircraft conforms to the type design; and

(2) every flight test that is required under paragraph (a) is conducted—

(i) by a person who meets the requirements prescribed in rule 19.405; and

(ii) in accordance with applicable procedures that are acceptable to the Director.

Type Acceptance Certification Requirements

21.41 Airworthiness requirements

An applicant for the issue of a type acceptance certificate for a product type must provide the Director with evidence that—

(1) the product type meets the applicable —

(i) airworthiness design standards; and

(ii) aircraft noise and engine emission standards—

specified in Appendix C, and effective at the date assigned in the foreign type certificate or an equivalent document, unless another date is specified in writing by the Director; and

(2) the product type meets any special conditions imposed under the foreign type certification or as specified in writing by the Director under rule 21.23; and

(3) any airworthiness requirement not complied with is compensated for by a factor that provides an equivalent level of safety; and

(4) there is no feature or characteristic of the product type that makes it unsafe for the intended use.

21.43 Data requirements

(a) An applicant for the issue of a type acceptance certificate for a product type must provide the Director with—

(1) evidence that—

(i) the type design has been approved by an ICAO contracting State of Design by the issue of a type certificate or an equivalent document; and

(ii) the type certificate or equivalent document is considered to be valid by the State of Design; and

(2) details of the airworthiness requirements complied with, for the issue of the type certificate or equivalent document specified in paragraph (a)(1), including—

(i) the airworthiness design standards; and

(ii) the effective date of the standards; and

(iii) any special condition imposed under the foreign type certification; and

(iv) any requirement not complied with and any compensating factor that provides an equivalent level of safety acceptable to the Director; and

(v) any airworthiness limitation; and

(3) details of the information required in rule 21.32(1) and (2) regarding aircraft noise and engine emission certification; and

(4) a list identifying the data submitted for the issue of the type certificate or equivalent document specified in paragraph (a)(1), showing compliance with the applicable airworthiness design standards; and

(5) for an aircraft, a copy of the flight manual approved under the type certificate or equivalent document specified in paragraph (a)(1) or, if the applicable design standards do not require a flight manual to be provided, a flight manual meeting the standards prescribed in Appendix C; and

(6) if required by the Director,—

(i) a copy of the maintenance manual for the product type; and

(ii) a copy of the current service information issued by the manufacturer of the product type; and

(iii) a copy of an illustrated parts catalogue for the product type; and

(7) evidence that the manufacturer, or holder of the type certificate or equivalent document specified in paragraph (a)(1), has agreed to provide the Director with a copy of every amendment and re- issue of the documents prescribed in paragraphs (a)(5) and (a)(6).

(b) If the product type referred to in paragraph (a) is an aircraft type, the information required under paragraph (a)(6) must include the aircraft engine, and propeller, if applicable.

(c) The Director may specify in writing the range of serial numbers or models of products to which the type acceptance certificate relates, or redefine the applicability of the certificate if the requirements under rules 21.41 and 21.43 are satisfied for any additional product.

 

Subpart A

Subpart C