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In this subpart:

107.1 Purpose

This Part prescribes the requirements for the certification of an organisation conducting research and development of an aviation system.

107.3 Definitions

In this Part, unless the context otherwise requires, –

Aviation system means a new concept of an aeronautical product, component, control system, product, propulsion system or any other related system, or an aviation-related service:

Research and development, in respect of an aviation system, means the testing, inspecting and investigating of an aviation system using an unmanned aircraft or manned aircraft under rule 107.57 for the sole purpose of achieving the goals specified in the certificate holder’s exposition and listed on the operations specification:

Exposition means the exposition required by rule 107.53:

107.5 Requirement for certificate

A person must not exercise the privileges under rule 107.11 except under the authority of a research and development organisation certificate issued by the Director under the Act and this Part.

107.7 Application for certificate

(a) An applicant for the grant of a research and development organisation certificate must complete the applicable CAA form which requires –

(1) the name and address for service in New Zealand of the applicant;

(2) the applicant’s exposition required by rule 107.53;

(3) the details for the operations specifications required by rule 107.55; and

(4) any other information relating to the application as specified on the form.

(b) The applicant must submit the completed form to the Director with a payment of the appropriate fee prescribed by regulations made under the Act.

107.9 Issue of certificate

A research and development organisation certificate may be issued by the Director under the Act and this Part if the Director is satisfied that –

(1) the applicant meets the requirements of Subpart B;

(2) the applicant and the senior person required under rule 107.51(1) are fit and proper persons; and

(3) the issue of the certificate is not contrary to the interests of aviation safety or security.

107.11 Privileges of certificate holder

(a) The holder of a research and development organisation certificate is authorised to conduct the research and development of aviation systems as specified in the certificate holder’s operations specifications.

(b) Unless the exposition required by rule 107.53 specifies otherwise, the holder of a research and development organisation certificate is not required to comply with –

Rule Parts 19, 21, 26, 39, 43, 47, 63, 66, 67, 93, 95, 99, 101, 102, 115, 119, 129, 133 and 137.

107.13 Restrictions on certificate holder

(a) The holder of a research and development organisation certificate must ensure that an aircraft is operated –

(1) in accordance with the conditions specified in the operations specifications;

(2) in accordance with the conditions and procedures specified in the exposition;

(3) for research and development purposes only;

(4) within the airspace and geographic location specified in the operations specifications;

(5) without carrying a person other than a flight crew member;

(6) without carrying dangerous goods.

(b) The holder of a research and development organisation certificate must ensure that an aircraft is operated for the sole purpose of achieving the goals specified in the certificate holder’s exposition.

(c) Despite rule 107.11(b), the Director may require the certificate holder to comply with a Rule Part not specified in the exposition after the certificate had been issued –

(1) if there is a material change to the nature or scope of the research and development activities; or

(2) in the interests of aviation safety.

107.15 Duration of certificate

(a) A research and development organisation certificate may be granted or renewed for a maximum period of 5 years.

(b) The holder of a research and development organisation certificate that is suspended or revoked must surrender the certificate to the Director within 30 days of the suspension or revocation.

(c) The holder of a research and development organisation certificate that is suspended must surrender the certificate to the Director for appropriate endorsement.

107.17 Renewal of certificate

(a) If the holder of a research and development organisation certificate wishes to apply for renewal of their certificate, they must use the approved CAA form.

(b) The application for the renewal must be made before the application renewal date specified on the certificate or, if no such renewal date is specified, not less than 60 days before the certificate expires.

107.19 Notification of ceasing research and development activities

(a) A holder of a research and development organisation certificate who ceases to offer research and development activities must notify the Director in writing within 30 days of the date of cessation.

(b) The notification must include a request for revocation of the research and development organisation certificate.

 

Subpart B