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This Subpart prescribes rules governing the airworthiness certification of an aircraft.
The following airworthiness certificates for New Zealand registered aircraft are issued by the Director under section 75 of the Act in accordance with the applicable requirements of this Subpart:
(1) standard category:
(2) restricted category:
(3) special category — experimental:
(4) special category — exhibition:
(5) special category — amateur-built:
(6) special category — primary:
(7) special category — LSA:
(8) special category — limited:
(9) provisional category.
An applicant for the grant of an airworthiness certificate for an aircraft must complete the applicable form and submit it to the Director with a payment of the application fee prescribed by regulations made under the Act:
(1) the approved CAA form for standard or restricted category:
(2) the approved CAA form for special category:
(3) the approved CAA form for provisional category.
(a) An airworthiness certificate for an aircraft may be issued in both the standard category and the restricted category if the Director is satisfied that—
(1) the applicable certification requirements for each category under this Subpart are met when the aircraft is configured for the category; and
(2) the aircraft can be converted from one configuration to the other by removing or adding equipment by simple mechanical means.
(b) Only a restricted category airworthiness certificate may be issued for an aircraft if the Director is satisfied that—
(1) the aircraft is internally equipped for dispensing substances on an agricultural aircraft operation; and
(2) the extent of the internal equipment makes the aircraft inappropriate for use in an air transport operation.
(c) An airworthiness certificate for an aircraft may only be issued in 1 of the special categories listed under rule 21.173 if the Director is satisfied that—
(1) the applicable certification requirements under this Subpart are met in respect of the purposes for which the aircraft is to be operated; and
(2) the aircraft is in a condition for safe operation.
(d) The Director may specify in an airworthiness certificate the purpose of the certificate and any associated conditions and limitations for the operation of the aircraft.
(a) The following airworthiness certificates for an aircraft remain in force if the maintenance on the aircraft is performed in accordance with the applicable requirements of Parts 91 and 43 unless the certificate has expired, or is suspended or revoked:
(1) standard category:
(2) restricted category:
(3) special category.
(b) A standard category airworthiness certificate for an aircraft and a restricted category airworthiness certificate for an aircraft expire if—
(1) the aircraft ceases to be a New Zealand registered aircraft; or
(2) the type certificate or the type acceptance certificate, as applicable, issued for the aircraft type, its engines, and propellers if applicable, ceases to remain in force; or
(3) a new airworthiness certificate in the same category is issued for the aircraft.
(c) A special category airworthiness certificate for an aircraft expires if—
(1) the aircraft ceases to be a New Zealand registered aircraft; or
(2) a new airworthiness certificate in the same category is issued for the aircraft.
(d) The holder of an airworthiness certificate that has expired under paragraphs (b) or (c) must surrender the certificate to the Director.
(e) The holder of a standard category airworthiness certificate or a restricted category airworthiness certificate that has expired under paragraph (b)(2) may apply under rule 21.175 for the grant of an appropriate special category airworthiness certificate for the aircraft.
(f) A provisional category airworthiness certificate for an aircraft remains in force for the period specified in the certificate—
(1) if—
(i) the maintenance on the aircraft is performed in accordance with the applicable requirements of Parts 91 and 43; and
(ii) the aircraft remains a New Zealand registered aircraft; and
(iii) the provisional type certificate issued under rule 21.145 for the aircraft type remains in force; and
(2) unless—
(i) the provisional category airworthiness certificate is suspended or revoked; or
(ii) a standard category airworthiness certificate or a restricted category airworthiness certificate is issued for the aircraft.
Despite rule 19.11, the holder of a New Zealand certificate of registration for an aircraft must transfer the following applicable airworthiness certificates with the aircraft if, in accordance with rule 47.57, the holder of the certificate of registration ceases to have lawful entitlement to possession of the aircraft:
(1) standard category:
(2) restricted category:
(3) special category:
(4) provisional category.
An applicant for a standard category, restricted category, or provisional category airworthiness certificate for an aircraft must provide the Director with evidence that—
(1) the aircraft, its engines, and propellers if applicable conform to applicable current—
(i) type certificates issued in accordance with Subpart B; or
(ii) type acceptance certificates issued in accordance with Subpart B; or
(iii) provisional type certificates issued in accordance with Subpart F; and
(2) every modification and repair to the aircraft conforms to a design change approved in accordance with acceptable technical data under Subpart N for the aircraft type; and
(3) every airworthiness directive that is applicable to the aircraft has been complied with in accordance with Part 39; and
(4) the aircraft is issued with —
(i) the appropriate flight manual; and
(ii) the appropriate logbooks, repair and alteration forms and documents; and
(5) the aircraft is a New Zealand registered aircraft and, in accordance with Part 47, displays an identification plate and 1 of the following forms of marking:
(i) the nationality and registration marks:
(ii) Police marks:
(iii) an approved identifiable paint scheme and markings; and
(6) the aircraft, its engines, propellers, and propeller hubs and blades are identified by the means specified in Subpart Q; and
(7) the aircraft conforms with every applicable additional airworthiness requirement prescribed in Part 26; and
(8) the aircraft has, within 60 days before the application for the airworthiness certificate, undergone —
(i) a 100-hour, or equivalent, inspection in accordance with the manufacturer’s maintenance schedule; or
(ii) a scheduled inspection in accordance with an applicable maintenance programme of an air operator certificated in accordance with Part 119 or an air transport operator certificated by an ICAO Contracting State; or
(iii) an equivalent inspection acceptable to the Director; and
(9) the aircraft has been weighed within the last 5 years prior to the application under rule 21.175; and
(10) the aircraft is in a condition for safe operation; and
(11) the aircraft and each modification and repair to the aircraft complies with the applicable aircraft noise and engine emission standards specified in Appendix C.
An applicant for the grant of a special category—experimental airworthiness certificate for an aircraft must provide the Director with—
(1) a statement specifying the purpose for which the aircraft is to be operated, including—
(i) details of the proposed operation; and
(ii) the estimated duration or number of flights required for the operation; and
(iii) details of the areas over which the operation is to be conducted; and
(2) sufficient data to identify the aircraft, including a three-view drawing of the aircraft, except for an aircraft converted from a previously certificated type without appreciable change in the external configuration; and
(3) any other information that the Director may request relating to the application; and
(4) flight manuals, maintenance manuals and any document relating to the operation of the aircraft as the Director may require; and
(5) evidence that the aircraft conforms with any design change necessary for the safe operation of the aircraft that the Director may require; and
(6) evidence that the aircraft is a New Zealand registered aircraft and, in accordance with Part 47, displays an identification plate and 1 of the following forms of marking—
(i) the nationality and registration marks; or
(ii) an approved identifiable paint scheme and markings; and
(7) evidence that the aircraft is identified by the means specified in Subpart Q; and
(8) evidence that a maintenance programme for the aircraft has been approved in accordance with rule 91.607; and
(9) evidence that the placard requirements prescribed in rule 21.205 are met.
(a) An applicant for the grant of a special category—exhibition airworthiness certificate for an aircraft, must provide the Director with—
(1) a statement specifying the purpose for which the aircraft is to be operated; and
(2) sufficient data to identify the aircraft make and model; and
(3) any other information that the Director may request relating to the application; and
(4) flight manuals, maintenance manuals and any documents relating to the operation of the aircraft as the Director may require; and
(5) evidence that the aircraft conforms with any design change necessary for the safe operation of the aircraft that the Director may require; and
(6) evidence that the aircraft is a New Zealand registered aircraft and, in accordance with Part 47, displays an identification plate and 1 of the following forms of marking—
(i) the nationality and registration marks; or
(ii) an approved identifiable paint scheme and markings; and
(7) evidence that the holder of the certificate of registration for the aircraft holds a valid operator statement for the aircraft in accordance with rule 47.55(c); and
(8) evidence that the aircraft is identified by the means specified in Subpart Q; and
(9) evidence that a flight evaluation has been completed and that the aircraft—
(i) is controllable throughout its range of speeds and throughout all the normal operating manoeuvres; and
(ii) does not have any hazardous operating characteristics or design features; and
(10) evidence that a maintenance programme for the aircraft has been approved in accordance with rule 91.607; and
(11) evidence that every applicable airworthiness directive has been complied with in accordance with Part 39; and
(12) data from a flight evaluation concerning—
(i) any operational limitations for the aircraft; and
(ii) any airworthiness limitations for the aircraft; and
(13) evidence that the placard requirements prescribed in rule 21.205 are met.
(b) A flight evaluation required by paragraph (a)(9) must be conducted—
(1) in accordance with the limitations and conditions stated on a special category—experimental airworthiness certificate issued for the aircraft; and
(2) by a test pilot approved for the purpose under rule 19.405.
(c) An applicant for the grant of a special category–exhibition airworthiness certificate for an aircraft that has a special category– experimental airworthiness certificate that is valid on 3 December 2009 is not required to provide the information required under paragraphs (a)(4) to (a)(6), (a)(8), (a)(9), (a)(11), and (a)(12) unless requested by the Director, if—
(1) the information provided under paragraph (a)(2) includes the registration marks for the aircraft; and
(2) the maintenance programme required under rule 91.605(b)(2) includes the details required under rule 91.607(d) and (e).
(a) An applicant for the grant of a special category—amateur-built airworthiness certificate for an aircraft must provide the Director with—
(1) a statement specifying the purpose for which the aircraft is to be operated; and
(2) sufficient data to identify the aircraft make and model; and
(3) any other information that the Director may request relating to the application; and
(4) flight manuals, maintenance manuals and any documents relating to the operation of the aircraft as the Director may require; and
(5) evidence that—
(i) the amateur constructor has built the major portion of the aircraft for their own education or recreation; or
(ii) the aircraft is a light sport aircraft designated by the manufacturer as an experimental – light sport aircraft; and
(6) evidence that the aircraft conforms with any design change necessary for the safe operation of the aircraft that the Director may require; and
(7) evidence that the aircraft is a New Zealand registered aircraft and, in accordance with Part 47, displays an identification plate and 1 of the following forms of marking—
(i) the nationality and registration marks; or
(ii) an approved identifiable paint scheme and markings; and
(8) evidence that the aircraft is identified by the means specified in Subpart Q; and
(9) evidence that a flight evaluation has been completed and that the aircraft—
(i) is controllable throughout its range of speeds and throughout all the normal operating manoeuvres; and
(ii) does not have any hazardous operating characteristics or design features; and
(10) evidence that a maintenance programme for the aircraft has been approved in accordance with rule 91.607; and
(11) evidence that every applicable airworthiness directive has been complied with in accordance with Part 39; and
(12) data from a flight evaluation concerning—
(i) any operational limitations for the aircraft; and
(ii) any airworthiness limitations for the aircraft; and
(13) evidence that the placard requirements prescribed in rule 21.205 are met.
(b) A flight evaluation required by paragraph (a)(12) must be conducted—
(1) in accordance with the limitations and conditions stated on a special category—experimental airworthiness certificate issued for the aircraft; and
(2) by a test pilot approved for the purpose under rule 19.405.
(c) An applicant for the grant of a special category–amateur-built airworthiness certificate for an aircraft that has, or is deemed to have under Appendix A paragraph (g), a special category–experimental airworthiness certificate that is valid on 3 December 2009 is not required to provide the information required under paragraphs (a)(4) to (a)(12) unless requested by the Director if the information provided under paragraph (a)(2) includes the registration marks for the aircraft.
An applicant for the grant of a special category—primary airworthiness certificate for an aircraft must provide the Director with—
(1) a statement specifying the purpose for which the aircraft is to be operated; and
(2) sufficient data to identify the aircraft make and model; and
(3) any other information that the Director may request relating to the application; and
(4) flight manuals, maintenance and repair manuals, parts manual, and any other documents relating to the operation of the aircraft as the Director may require; and
(5) evidence that every modification and repair to the aircraft conforms to a design change approved in accordance with Subpart C; and
(6) evidence that every applicable airworthiness directive has been complied with in accordance with Part 39; and
(7) evidence that the aircraft is a New Zealand registered aircraft and, in accordance with Part 47, displays an identification plate and 1 of the following forms of marking—
(i) the nationality and registration marks; or
(ii) an approved identifiable paint scheme and markings; and
(8) evidence that the aircraft, its engines, propellers, and propeller hubs and blades are identified by the means specified in Subpart Q; and
(9) evidence that a maintenance programme for the aircraft has been approved under rule 91.607; and
(10) evidence that continuing airworthiness data relating to the aircraft and installed components is available from sources acceptable to the Director; and
(11) evidence that the aircraft has, within 60 days prior to the application for the airworthiness certificate, undergone a 100- hour, or equivalent inspection in accordance with the manufacturer’s maintenance schedule, or an equivalent inspection acceptable to the Director; and
(12) for an imported aircraft—
(i) evidence that the aircraft had been certificated as a primary category aircraft in accordance with FAR 21.24, or an equivalent certification acceptable to the Director, by the relevant authority for airworthiness in the country of export; and
(ii) evidence that the aircraft conforms to the requirements and airworthiness design standards for a primary category aircraft prescribed in FAR 21.24, or the requirements and airworthiness design standards for the equivalent certification accepted by the Director under paragraph (i); and
(13) for a New Zealand manufactured aircraft—
(i) evidence that the aircraft was manufactured under the authority of an aircraft manufacturing organisation certificate issued in accordance with Part 148; and
(ii) evidence that the aircraft conforms with the requirements and airworthiness design standards for a primary category aircraft prescribed in FAR 21.24, or conforms with an equivalent airworthiness design standard acceptable to the Director; and
(14) evidence that the placard requirements prescribed in rule 21.205 are met.
(a) An applicant for the grant of a special category—LSA airworthiness certificate for an aircraft must provide the Director with—
(1) a statement specifying the purpose for which the aircraft is to be operated; and
(2) sufficient data to identify the aircraft make and model; and
(3) any other information that the Director may request relating to the application; and
(4) flight manuals, the manufacturer’s maintenance manual and inspection procedures, and any other documents relating to the operation of the aircraft as the Director may require; and
(5) evidence that the aircraft conforms with any design change necessary for the safe operation of the aircraft that the Director may require; and
(6) evidence that the aircraft is a New Zealand registered aircraft and, in accordance with Part 47, displays an identification plate and 1 of the following forms of marking—
(i) the nationality and registration marks; or
(ii) an approved identifiable paint scheme and markings; and
(7) evidence that the aircraft is identified by the means specified in Subpart Q; and
(8) evidence that a flight evaluation has been completed and that the aircraft—
(i) is controllable throughout its range of speeds and throughout all the normal operating manoeuvres; and
(ii) does not have any hazardous operating characteristics or design features; and
(9) evidence that a maintenance programme for the aircraft has been approved in accordance with rule 91.607; and
(10) evidence that every applicable airworthiness directive has been complied with in accordance with Part 39; and
(11) for an imported aircraft—
(i) evidence that the aircraft has been issued with, or is eligible for the issue of, a special airworthiness certificate in the light sport category in accordance with the requirements specified in FAR 21.190 or an equivalent standard acceptable to the Director; and
(ii) the aircraft manufacturer’s signed statement of compliance for the aircraft, or a certified copy of the manufacturer’s signed statement, that meets the requirements of paragraph (b); and
(12) for a New Zealand manufactured aircraft—
(i) evidence that the aircraft was manufactured under the authority of an aircraft manufacturing organisation certificate issued in accordance with Part 148; and
(ii) the aircraft manufacturer’s signed statement of compliance for the aircraft, or a certified copy of the manufacturer’s signed statement, that meets the requirements of paragraph (b); and
(13) evidence that the placard requirements prescribed in rule 21.205 are met.
(b) A manufacturer’s statement of compliance required under paragraphs (a)(11) and (12) must include at least the following information:
(1) details specifying the aircraft’s make and model, serial number and date of manufacture:
(2) technical details to show that the aircraft can be defined as a light sport aircraft:
(3) the identification of the consensus standard that is applicable to the design and manufacture of the aircraft:
(4) a statement certifying that—
(i) the manufacturer has a quality assurance system that meets the requirements of the consensus standard identified under paragraph (b)(3); and
(ii) the manufacturer’s design data for the aircraft conforms with the consensus standard identified under paragraph (b)(3); and
(iii) based on the quality assurance system required under paragraph (b)(4)(i), the aircraft conforms with the manufacturer’s design data for the aircraft and with the consensus standard identified under paragraph (b)(3); and
(iv) in accordance with a production acceptance test procedure established by the manufacturer in accordance with the consensus standard identified under paragraph (b)(3)—
(A) the manufacturer has ground-tested and flight-tested the aircraft; and
(B) the manufacturer is satisfied that the aircraft’s performance during ground and flight testing meets the design requirements; and
(C) the aircraft is in a condition for safe operation; and
(v) the manufacturer has a procedure to monitor the continuing airworthiness of the aircraft and to issue safety directives or requirements that comply with the consensus standard identified under paragraph (b)(3) to correct any unsafe condition.
(c) A light sport aircraft that is built from a kitset and a light sport aircraft that is designated by the manufacturer as an experimental - light sport aircraft is not eligible for the issue of a special category—LSA airworthiness certificate.
(a) An applicant for the grant of a special category—limited airworthiness certificate for an aircraft must provide the Director with—
(1) a statement specifying the purpose for which the aircraft is to be operated; and
(2) sufficient data to identify the aircraft make and model; and
(3) evidence that the aircraft type was produced in a series and factory built in a controlled design environment; and
(4) evidence that the aircraft type has been previously accepted for civil or military operations; and
(5) evidence that the aircraft—
(i) is essentially unmodified from the original type design and operational configuration; or
(ii) has been extensively restored without significant variation to the original type design and operational configuration; or
(iii) essentially conforms with the original design standards and operational configuration in spite of having significant changes made which are subject to an appropriate design approval or are acceptable to the Director; and
(6) evidence that every applicable airworthiness directive has been complied with in accordance with Part 39; and
(7) evidence that a maintenance programme for the aircraft has been approved in accordance with rule 91.607; and
(8) flight manual limitation data including the following:
(i) speed parameters:
(ii) weight and loading information:
(iii) engine operating parameters:
(iv) fuel and oil specifications:
(v) fuel consumption data:
(vi) total usable fuel quantities:
(vii) eligibility for flight in known icing conditions:
(viii) critical and prohibited manoeuvres:
(ix) emergency procedures:
(x) maximum number of occupants:
(xi) minimum flight crew members if more than one flight crew member is required:
(xii) recommended take-off and landing distances:
(xiii) if applicable, single engine climb performance; and
(9) evidence that the aircraft is a New Zealand registered aircraft and, in accordance with Part 47, displays an identification plate and 1 of the following forms of marking—
(i) the nationality and registration marks; or
(ii) an approved identifiable paint scheme and markings; and
(10) evidence that the holder of the certificate of registration for the aircraft holds a valid operator statement for the aircraft in accordance with rule 47.55(c); and
(11) evidence that the aircraft has undergone an inspection, equivalent to an annual or 100-hour inspection in accordance with the manufacturer’s or a military maintenance schedule, or an equivalent inspection acceptable to the Director, within the 60 day period before the application for the airworthiness certificate was submitted to the Director; and
(12) evidence that the aircraft has completed—
(i) a flight evaluation to establish that the aircraft is controllable throughout its range of speeds and throughout all the normal operating manoeuvres if documented evidence of the aircraft’s safety, integrity and reliability record is not available; or
(ii) a flight evaluation to establish known operating limitations or confirm changes to those limitations as a result of modification; or
(iii) a combination of paragraphs (i) and (ii); and
(13) evidence that the aircraft is in a condition for safe operation; and
(14) evidence that the placard requirements prescribed in rule 21.205 are met.
(b) The flight manual limitation data required by paragraph (a)(8) must originate from—
(1) the manufacturer’s data or military operating manuals acceptable to the Director; or
(2) data accepted by a foreign civil airworthiness authority; or
(3) data generated from a flight evaluation conducted under a special category—experimental airworthiness certificate issued for the aircraft; or
(4) a combination of paragraphs (1), (2), and (3).
(c) A flight evaluation required by paragraphs (a)(12), and (b)(3) must be conducted—
(1) in accordance with the limitations and conditions stated on a special category—experimental airworthiness certificate issued for the aircraft; and
(2) by a test pilot approved for the purpose under rule 19.405.
(d) An applicant for the grant of a special category – limited airworthiness certificate for an aircraft that has a special category – experimental airworthiness certificate that is valid on 3 December 2009 is not required to provide the information required under paragraphs (a)(6), (a)(9), (a)(11), and (a)(12) unless requested by the Director, if—
(1) the information provided under paragraph (a)(2) includes the registration marks for the aircraft; and
(2) the maintenance programme required under rule 91.605(b)(2) includes the details required under rule 91.607(d) and (e).
An aircraft that is issued with a special category airworthiness certificate must have a legible placard with the following wording, or other similar wording acceptable to the Director, installed in the aircraft and in clear view of each passenger—
“Warning
This is a Special Category — (Subcategory) aircraft and does not meet the New Zealand Civil Aviation airworthiness standards for a standard category aircraft to carry passengers on an air transport operation.
Passengers fly in this aircraft at their own risk.”
