Download the PDF consolidation of Part 21 [PDF 439 KB]
This Subpart prescribes rules governing the issue of and amendment to a provisional type certificate for a product type.
An applicant for the issue of a provisional type certificate or an amendment to a provisional type certificate must submit the application to the Director with a payment of the appropriate application fee prescribed by regulations made under the Act.
(a) The Director may issue a provisional type certificate or an amendment to a provisional type certificate and an applicant is entitled to a provisional type certificate or an amendment to a provisional type certificate if the Director is satisfied that—
(1) the applicant holds, or has applied for, a type certificate or a supplemental type certificate for the product as appropriate; and
(2) the applicant meets the applicable requirements of this Subpart; and
(3) the issue of a provisional type certificate or the amendment to a provisional type certificate is not contrary to the interests of aviation safety.
(b) A provisional type certificate issued by the Director under this Subpart may be subject to conditions that the Director considers appropriate in each particular case.
(a) An applicant for the issue of a provisional type certificate or an amendment to a provisional type certificate must provide the Director with evidence that—
(1) there is no feature, characteristic, or condition of the product that makes it unsafe when operated in accordance with the limitations established under paragraph (b)(1); and
(2) the product has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type certificate or supplemental type certificate the applicant holds or has applied for; and
(3) the product can be operated safely under the appropriate operating limitations established under paragraph (b)(1); and
(4) for an aircraft type—
(i) the aircraft substantially meets the applicable flight characteristic requirements for the type certificate or supplemental type certificate that the applicant holds or has applied for; and
(ii) the aircraft has performed every manoeuvre necessary to show compliance with the flight requirements for the issue of the type certificate or supplemental type certificate that the applicant holds or has applied for; and
(iii) the aircraft can be operated safely in accordance with any applicable limitations contained in the Civil Aviation Rules.
(b) The applicant must establish—
(1) the limitations required for the issue of the type certificate or supplemental type certificate that the applicant holds or has applied for, including limitations on weights, speed, flight manoeuvres, loading and operation of controls and equipment; and
(2) an inspection and maintenance programme for the continued airworthiness of the product.
(c) An applicant for the issue of a provisional type certificate for an aircraft type must demonstrate appropriate operating restrictions for the aircraft for each limitation not established under paragraph (b)(1).
(d) An applicant for the issue of a provisional type certificate for an aircraft type must show that a prototype aircraft has been flown for at least 50 hours—
(1) under a special category – experimental airworthiness certificate; or
(2) under the auspices of a Defence Force of New Zealand, Australia, Canada, the United Kingdom or the United States of America.
(e) The Director may, in writing, reduce the number of flight hours required under paragraph (d) if the application is for an amendment to a provisional type certificate.
(a) A provisional type certificate remains in force until its expiry date, which must not be more than 24 months from the date of issue, unless the certificate is suspended or revoked.
(b) An amendment to a provisional type certificate remains in force for the period that the provisional type certificate remains in force under paragraph (a).
