38. Performance applicability — aeroplanes

(1)

For every relevant aircraft that corresponds to one of the following aeroplane descriptions, the AWC holder must ensure that the aeroplane is operated in accordance with the specified Performance Class:

(a)

a multi‑engine aeroplane powered by turbo‑propeller engines with an MAPSC 9 must be operated in accordance with Performance Class A;

(b)

a multi‑engine turbine‑powered aeroplane must be operated in accordance with Performance Class A;

(c)

a propeller driven aeroplane with an MAPSC not exceeding 9 and an MCTOM not exceeding 5,700 kg must be operated in accordance with Performance Class B.

(2)

Despite paragraph (1), where full compliance with paragraph (1) cannot be shown due to specific design characteristics of the aeroplane operated, the AWC holder may apply performance standards —

(a)

that ensure a level of safety equivalent to the appropriate Performance Class; and

(b)

that are approved by the Director‑General of Civil Aviation.

Subregulation 1

(a)

a multi‑engine aeroplane powered by turbo‑propeller engines with an MAPSC 9 must be operated in accordance with Performance Class A;

(b)

a multi‑engine turbine‑powered aeroplane must be operated in accordance with Performance Class A;

(c)

a propeller driven aeroplane with an MAPSC not exceeding 9 and an MCTOM not exceeding 5,700 kg must be operated in accordance with Performance Class B.

Subregulation 2

Despite paragraph (1), where full compliance with paragraph (1) cannot be shown due to specific design characteristics of the aeroplane operated, the AWC holder may apply performance standards —

(a)

that ensure a level of safety equivalent to the appropriate Performance Class; and

(b)

that are approved by the Director‑General of Civil Aviation.

Report

Read on from reg 39

Part 3