Part 1 Preliminary
1 Name
of Regulations [see
Note 1]
These Regulations are the Civil Aviation
Regulations 1988.
2 Interpretation
(1) In these Regulations, unless the
contrary intention appears:
AA means the body called Airservices
Australia established by subsection 7 (1) of the Air Services Act 1995.
acrobatic flight means manoeuvres
intentionally performed by an aircraft involving an abrupt change in its
attitude, an abnormal attitude, or an abnormal variation in speed.
adopted in pursuance of the Convention means
adopted by the International Civil Aviation Organization in pursuance of
Article 37 of the Convention.
aerodrome control service means an air
traffic control service for aerodrome traffic.
aerodrome meteorological minima means the
minimum heights of cloud base and minimum values of visibility which are determined
in pursuance of regulation 257 for the purpose of determining whether an
aerodrome may be used for take‑off or landing.
aerodrome reference point, in relation to an
aerodrome, means the geographical location of the aerodrome:
(a) determined in accordance with ‘Manual of
Standards Part 139—Aerodromes’; or
(b) specified by a flying school in its
operations manual.
aerodrome traffic means all traffic on the
manoeuvring area of an aerodrome and all aircraft flying in the vicinity of an
aerodrome.
aerodyne means an aircraft whose support in
flight is derived dynamically from the reaction on surfaces in motion relative
to the air.
Aeronautical Information Publications or
AIP has the meaning given by regulation 4.12 of the Air Services
Regulations.
aeronautical mobile radio service means a
radio service between aircraft radio stations and land stations and between two
or more aircraft radio stations.
aeroplane means a power‑driven heavier‑than‑air
aircraft deriving its lift in flight chiefly from aerodynamic reactions on
surfaces remaining fixed under given conditions of flight, but does not include
a power‑assisted sailplane.
aeroplane flight review means a test of the
aeronautical skills and aeronautical knowledge relevant to aeroplane flight of
the person undertaking the review.
aeroplane pilot licence means:
(a) a private pilot (aeroplane) licence; or
(b) a commercial pilot (aeroplane) licence; or
(c) an air transport pilot (aeroplane) licence;
or
(d) a multi‑crew pilot (aeroplane) licence.
aeroplane pilot rating means:
(a) a flight instructor (aeroplane) rating; or
(b) an aeroplane grade of night V.F.R. rating; or
(c) a command (multi‑engine aeroplane)
grade of instrument rating; or
(d) a command (single engine aeroplane) grade of
instrument rating; or
(e) a co‑pilot (aeroplane) grade of
instrument rating; or
(ea) a multi‑engine aeroplane grade of
private I.F.R. rating; or
(eb) a single‑engine aeroplane grade of
private I.F.R. rating; or
(f) an aeroplane grade of agricultural rating;
or
(g) an aeroplane grade of night V.F.R.
agricultural rating.
aeroplane proficiency check means a check:
(a) that tests the aeronautical skills and
aeronautical knowledge relevant to aeroplane flight of the person undertaking
the check; and
(b) that is required by:
(i) subregulation 217 (2); or
(ii) if the person flies aeroplanes for
an operator who is based in a Contracting State — by the operator or the
responsible authority of the State.
agricultural operations means the
broadcasting of chemicals, seeds, fertilizers and other substances from
aircraft for agricultural purposes, including purposes of pest and disease
control.
airborne weather radar system means a radar
system installed in an aircraft for the purpose of detecting potentially
hazardous weather conditions in the flight path of the aircraft.
aircraft component means:
(a) any part or equipment for an aircraft that,
when fitted to, or provided in an aircraft may, if it is not sound or
functioning correctly, affect the safety of the aircraft, its occupants or its
cargo or cause the aircraft to become a danger to person or property; or
(b) flotation equipment, evacuation equipment,
ration packs, portable breathing apparatus, fire‑fighting equipment, or
any other equipment or apparatus, fitted to, or provided in, an aircraft for
use in an emergency;
but does not include any part, equipment or apparatus for an
aircraft in respect of which a direction is in force under subregulation (2).
aircraft log book means a log book kept for
the purposes of subregulation 50A (1).
aircraft maintenance engineer licence means
an aircraft maintenance engineer licence in force under regulation 31.
aircraft maintenance record means:
(a) an aircraft log book; or
(b) an approved alternative maintenance record.
aircraft material means a material (including
a fluid) for use in the manufacture, maintenance, servicing or operation of an
aircraft or of an aircraft component, but does not include an aircraft
component.
aircraft welding authority means an authority
granted under regulation 33D.
air law examination
means an examination of a person’s knowledge of:
(a) the requirements of the Act, these
regulations and the Civil Aviation Orders; and
(b) the information and instructions published in
AIP or NOTAMS;
set and conducted by CASA under subregulation 5.41 (3).
airline means the operator of a regular
public transport service.
airship means a power‑driven lighter‑than‑air
aircraft.
airship ground party means a person appointed
by the operator of an airship to assist in the arrival and departure of an
airship.
airship instructor means a person appointed
by CASA under regulation 5.34.
airship proficiency check means a check:
(a) that tests the aeronautical skills and
aeronautical knowledge relevant to airship flight of the person undertaking the
check; and
(b) that is required by:
(i) subregulation 217 (2); or
(ii) if the person flies airships for
an operator who is based in a Contracting State — by the operator or the
responsible authority of the State.
air traffic
means aircraft:
(a) in flight; or
(b) operating on the manoeuvring area of an
aerodrome.
air traffic control means:
(a) AA in its capacity as a provider of air
traffic control services; or
(b) the Defence Force in its capacity as a
provider of air traffic control services; or
(c) a person who provides an air traffic control
service in cooperation with AA in accordance with paragraph
11 (3) (b) of the Air Services Act 1995 or by arrangement with
AA in accordance with paragraph 11 (3) (c) of that Act.
air traffic control clearance means an
authorisation given by a person performing duty in air traffic control for an
aircraft to proceed under conditions specified in the authorisation.
air traffic control instructions means
directions given by a person performing duty in air traffic control for an
aircraft to conduct its flight in the manner specified in the directions.
air traffic controller licence means a
licence granted under regulation 102.
air traffic control service means a service
provided for the purpose of:
(a) preventing collisions:
(i) between aircraft; and
(ii) on the manoeuvring area between
aircraft and obstructions; and
(b) expediting and maintaining an orderly flow of
air traffic.
Note The definition is essentially that
in Annex 11, Air Traffic Services, to the Chicago Convention.
air transport (aeroplane) pilot means the
holder of an air transport pilot (aeroplane) licence.
air transport (helicopter) pilot means the
holder of an air transport pilot (helicopter) licence.
air transport pilot licence means:
(a) an air transport pilot (aeroplane) licence;
or
(b) an air transport pilot (helicopter) licence.
airworthiness authority means an authority
under regulation 33B.
alternate aerodrome means an aerodrome
specified in the flight plan to which a flight may proceed when it becomes
inadvisable to land at the aerodrome of intended landing.
altitude means the vertical distance of a
level or a point, or an object considered as a point, measured from mean sea
level.
approach control service means an air traffic
control service for arriving or departing flights of aircraft.
approved means approved by CASA.
approved alternative maintenance record means
a record kept for the purposes of subregulation 50B (3) or (4).
approved check radio operator means:
(a) a person who holds:
(i) a commercial pilot licence or an
air transport pilot licence; and
(ii) a flight instructor rating; or
(b) a person:
(i) employed by, or working under an
arrangement with, a training and checking organisation established for the purposes
of regulation 217; and
(ii) approved by the manager of the
organisation to conduct a flight radiotelephone theory examination, a flight
practical test, an aircraft radiotelephone certificate examination and an
aircraft radiotelephone certificate practical test.
approved maintenance data, in relation to an
aircraft, aircraft component or aircraft material, has the meaning given by
regulation 2A.
approved system of certification of completion of
maintenance means a system of certification of completion of
maintenance for which an approval under regulation 42ZG is in force.
approved system of maintenance, in relation
to an Australian aircraft, means a system of maintenance for the aircraft in
relation to which an approval under regulation 42M is in force.
approved testing officer, for the purposes of
a provision in which that expression occurs, means:
(a) if the provision mentions a particular kind
of flight test — a person to whom the Director has delegated the
Authority’s power under regulation 5.19 or subregulation 5.41 (4) to conduct a
flight test of that kind; or
(b) in any other case — a person to whom the
Director has delegated the Authority’s power under regulation 5.19 or
subregulation 5.41 (4) to conduct a flight test.
apron means
that part of an aerodrome to be used:
(a) for the purpose of enabling passengers to
board, or disembark from, aircraft;
(b) for loading cargo on to, or unloading cargo
from, aircraft; or
(c) for refuelling, parking or carrying out
maintenance on aircraft.
area control service means an air traffic
control service for flights of aircraft in control areas.
authorised means authorised by CASA or by a
person, or a person included in a class of persons, appointed by CASA to give
the authority concerned.
authorised flight instructor means a person
who:
(a) in relation to an aircraft that is not an
airship — holds a current flight instructor rating that:
(i) is appropriate to the aircraft;
and
(ii) authorises the holder to give the
training concerned; and
(b) in relation to an airship — is an
airship instructor; and
(c) either:
(i) is the holder of an Air Operator’s
Certificate that authorises flying training; or
(ii) is employed to instruct by, or
instructs under an arrangement with, a person who is the holder of an Air
Operator’s Certificate that authorises flying training.
authorised person, for the purposes of a
provision in which that expression occurs, means:
(a) a person appointed under regulation 6 to be
an authorised person for the purposes of that first‑mentioned provision;
or
(b) a person included in a class of persons
appointed under regulation 6 to be authorised persons for the purposes of that
first‑mentioned provision.
aviation authority
means:
(a) in relation to Australia — CASA; and
(b) in relation to any other country — the
authority that has responsibility for regulating the airworthiness standards of
civil aircraft in the country.
balloon means a non‑power‑driven
lighter‑than‑air aircraft.
balloon flight instructor means a person who
holds a flight instructor (balloon) rating.
balloon flight review means a test of the
aeronautical skills and aeronautical knowledge of the person undertaking the
review that are relevant to the safe flight of balloons in aerial work, or
charter, operations.
balloon proficiency check means a check:
(a) that tests the aeronautical skills and
aeronautical knowledge relevant to balloon flight of the person undertaking the
check; and
(b) that is required by subregulation 217 (2).
car, in relation to a lighter‑than‑air
aircraft, means basket whenever, in the case of any particular
type of such aircraft, a basket is a constructional feature of that type.
cargo means things other than passengers
carried in aircraft.
CASA flying operations inspector means a
person employed by CASA as:
(a) a flying operations inspector (however
called); or
(b) a senior flying operations inspector (however
called).
CASA maintenance schedule means the schedule
of maintenance set out in Schedule 5.
CASA system of certification of completion of maintenance
means the system of certification of completion of maintenance set out in
Schedule 6.
CASR means the Civil Aviation Safety
Regulations 1998.
ceiling means the height above the ground or
water of the base of the lowest layer of cloud below twenty thousand feet
covering more than one‑half of the sky.
centre of gravity,
in relation to an aircraft at any time, means the centre of gravity of the
aircraft at that time estimated in accordance with the method set out in a
direction in force under subregulation 235 (1).
certificate of airworthiness means a
certificate of airworthiness issued under regulation 21.176 of CASR.
certificate of approval means a certificate
of approval in force under regulation 30.
certificate of type approval means a
certificate of type approval continued in force under regulation 313 or a type
certificate issued under regulation 21.013A or 21.029 of CASR.
certificate of validation means a certificate
issued under regulation 5.27.
channel means the part of a water aerodrome
that is navigable and cleared for the safety of aircraft taking‑off or
landing in a given direction.
check flight engineer means a person to whom
the Director has delegated the Authority’s power under subregulation
5.41 (4) to conduct a flight engineer flight test.
chief flying instructor means a person:
(a) who holds a current flight instructor
rating; and
(b) who is appointed by a flying school to
supervise the flying training given by the school; and
(c) whose appointment is approved by CASA under
regulation 5.58.
Civil Aviation Orders means orders issued by
CASA under regulation 5.
class A aircraft means an Australian
aircraft, other than a balloon, that satisfies either or both of the following
paragraphs:
(a) the aircraft is certificated as a transport
category aircraft;
(b) the aircraft is being used, or is to be used,
by the holder of an Air Operator’s Certificate which authorises the use of that
aircraft for the commercial purpose referred to in paragraph 206 (1) (c).
Note Subregulation 2 (2C) sets out how an
aircraft is certificated as a transport category aircraft.
class B aircraft means an Australian aircraft
that is not a class A aircraft.
class of airspace
means a class of airspace determined under paragraph 5 (1) (d)
of the Airspace Regulations 2007.
commercial (aeroplane) pilot means the holder
of a commercial pilot (aeroplane) licence.
commercial (airship) pilot means the holder
of a commercial pilot (airship) licence.
commercial (balloon) pilot means the holder
of a commercial pilot (balloon) licence.
commercial (gyroplane) pilot means the holder
of a commercial pilot (gyroplane) licence.
commercial (helicopter) pilot means the
holder of a commercial pilot (helicopter) licence.
commercial operations means civil air
operations other than private operations.
commercial pilot licence means:
(a) a commercial pilot (aeroplane) licence; or
(b) a commercial pilot (helicopter) licence; or
(c) a commercial pilot (gyroplane) licence; or
(d) a commercial pilot (balloon) licence; or
(e) a commercial pilot (airship) licence.
Commonwealth aircraft means an aircraft,
other than a military aircraft, that is in the possession or under the control
of the Commonwealth or an authority of the Commonwealth or is being used wholly
or principally for a purpose of the Commonwealth.
constable has the same meaning as in the
Crimes Act 1914.
control area means
airspace to which a determination under paragraph 5 (1) (c) of
the Airspace Regulations 2007 applies.
controlled aerodrome
means an aerodrome to which a determination under
paragraph 5 (1) (e) of the Airspace Regulations 2007
applies.
controlled airspace means a control area or a
control zone.
control zone means
airspace to which a determination under paragraph 5 (1) (b) of
the Airspace Regulations 2007 applies.
co‑pilot means a pilot serving in any
piloting capacity other than the pilot in command.
crew member means a person assigned by an
operator for duty on an aircraft during flight time, and any reference to crew
has a corresponding meaning.
cross‑country flight time means flight
time during which the pilot of an aircraft applies a particular method to
determine the aircraft’s position and course by geometry, topography or radio
navigation aids while the aircraft is flying along a route segment.
cross‑country training means flight for
the purpose of practising the navigation sequences set out in a syllabus.
cruising level, in relation to an aircraft in
flight, means the height above ground or water, or above an atmospheric datum,
at which the aircraft flies when it is not climbing or descending.
current certificate holder means a person who
holds a private pilot certificate (balloons) that is in force.
current flight plan means the flight plan,
with any changes brought about by subsequent air traffic control clearances and
air traffic control instructions.
daily inspection, in relation to an aircraft,
means:
(a) if the aircraft is maintained in accordance
with the CASA maintenance schedule — the inspection referred to in
Part 1 of the schedule; and
(b) if the aircraft is not maintained in
accordance with the CASA maintenance schedule — the inspection required to
be carried out under:
(i) the manufacturer’s maintenance
schedule; or
(ii) the
aircraft’s approved system of maintenance;
before the start of flying operations on
each day that the aircraft is to be flown.
danger area means an
area declared under regulation 6 of the Airspace Regulations 2007 to be
a danger area.
dangerous lights means any lights which may
endanger the safety of aircraft, whether by reason of glare, or by causing
confusion with or preventing clear visual reception of aeronautical lights or
signals.
design standard means:
(a) a design standard in force under regulation
21 or 21A; or
(b) a design standard (however described)
identified in:
(i) a type certificate; or
(ii) a type acceptance certificate; or
(iii) a supplemental type certificate:
or
(iv) an Australian Parts Manufacturer
Approval issued under subregulation 21.303 (9) of CASR; or
(v) an Australian Technical Standard
Order mentioned in paragraph 21.601 (2) (a) of CASR.
dual flying means flying in an aircraft
fitted with fully functioning dual controls for the purpose of receiving flying
training from a person who is authorised by these regulations to give the
training.
elevation means the vertical distance of a
point or a level on or affixed to the surface of the earth, measured from mean
sea level.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
examination means an examination by way of a
test of theoretical knowledge or a practical test of knowledge and skill.
expected approach time means the time at
which it is expected that an arriving aircraft will be cleared to commence
approach for a landing.
experimental aircraft means an
aircraft for which a special certificate of airworthiness is in force under
regulation 21.195A of CASR.
FAA means the Federal Aviation Administration
of the United States of America.
facilities, in relation to an air route or
airway, has the same meaning as in subregulation 1.03 (1) of the Air Services
Regulations.
Federal airport has the same meaning as in
the Federal Airports Corporation Act 1986.
flight control system,
in relation to an aircraft, includes:
(a) the aircraft’s main control surfaces and
associated operating mechanisms and control systems; and
(b) the aircraft’s lift and drag devices and
associated operating mechanisms and control systems; and
(c) the aircraft’s trim and artificial feel
systems and associated operating mechanisms and control systems; and
(d) the aircraft’s flight control lock system and
associated operating mechanisms and control systems; and
(e) the aircraft’s yaw system and associated
operating mechanisms and control systems; and
(f) if the aircraft is a rotorcraft — the
aircraft’s pitch control systems; and
(g) if the aircraft is an airship — the
aircraft’s ballonet system and associated operating mechanisms and control
systems.
flight crew licence means a licence of a kind
referred to in regulation 5.08 and issued under regulation 5.09.
flight crew member means a licensed crew
member charged with duties essential to the operation of an aircraft during
flight time, and any reference to flight crew has a corresponding
meaning.
flight crew rating means a rating of a kind
mentioned in regulation 5.13.
flight engineer means the holder of a flight
engineer licence.
flight engineer proficiency check means a
check that would be required under regulation 217 if the flight engineer was a
member of an operating crew of an operator to which that regulation applies.
flight engineer time means flight time during
which a person performs the duties of a flight engineer in an aircraft, whether
or not the person performs the duties under supervision.
flight information area
means airspace to which a determination under
subparagraph (5) (1) (a) (i) of the Airspace Regulations
2007 applies.
flight information service means a service
provided by air traffic control or Flight Service for the purpose of giving
advice and information for the safe and efficient conduct of flights.
flight level 290, in relation to a flight of
an aircraft, means the height at which the aircraft’s altimeter, if it were
adjusted to a reading on the subscale of 1013.2 hectopascals, would show a
height of 29 000 feet.
flight manual has
the meaning given by regulation 54.
flight navigator time means flight time
during which a person carries out the duties of a flight navigator.
flight plan means specified information,
provided to air traffic control, relative to the intended flight of an aircraft.
flight radiotelephone practical test means a
test set by CASA under subregulation 5.41 (5).
Flight Service means flight advisory services
provided by AA.
flight service officer licence means a
licence granted under regulation 112.
Note For definitions of flight
simulator and flight training device, see
the CASR Dictionary.
flight test means a practical test of a
person’s aeronautical knowledge and practical flying skill set by CASA.
flight time means:
(a) in the case of a heavier‑than‑air
aircraft — the total time from the moment at which the aircraft first
moves under its own power for the purpose of taking‑off until the moment
at which it comes to rest after landing; and
(b) in the case of a lighter‑than‑air
aircraft — the total time from the moment at which the aircraft first
becomes airborne until it comes to rest on the ground, excluding any time
during which the aircraft is moored.
flight visibility means the average range of
visibility forward from the cockpit of an aircraft in flight.
flying school means a school for which there
is an Air Operator’s Certificate that authorises the school to conduct flying
training.
flying training means any training given
during flight time in an aircraft for the purpose of increasing a person’s
skill in flying the aircraft.
flying training aircraft means an aircraft
that is used by a flying school to give flying training.
flying training area, in relation to an
aerodrome, means an area that is specified in a flying school’s operations
manual as the flying training area for the aerodrome.
foreign aircraft means an aircraft
registered:
(a) in a Contracting State or in a foreign
country other than a Contracting State; or
(b) under a joint registration plan or an
international registration plan.
free flight time, in relation to a balloon,
means any part of the flight time in the balloon during which it is not
tethered.
general flight time means flight time that is
not:
(a) cross‑country flight time; or
(b) flight time in flying for the purpose of
training in an activity for which a flight crew rating is required.
Note The activities for which a
flight crew rating is required are set out in subregulation 5.01 (2).
glider means a non‑power‑driven
heavier‑than‑air aircraft, deriving its lift in flight chiefly from
aerodynamic reactions on surfaces remaining fixed under given conditions of
flight.
grant, in relation to a licence or
certificate, means grant of the licence or certificate, either by way of
initial issue or by renewal from time to time.
gross weight, in relation to an aircraft at
any time, means the weight of the aircraft, together with the weight of all
persons and goods (including fuel) on board the aircraft, at that time,
estimated in accordance with the method set out in a direction in force under subregulation
235 (1).
ground radar,
in relation to a secondary surveillance radar transponder, means an
installation on the ground which:
(a) emits radio signals; and
(b) may, in response to its signal, receive data
signals from a secondary surveillance radar transponder; and
(c) may direct the data signals to an air
traffic control radar display.
group A ultralight means an aircraft that is
classified by Recreational Aviation Australia Inc. as a group A ultralight.
gyroplane
means a heavier‑than‑air aircraft:
(a) that is supported in flight by the reaction
of the air on rotors that are not power‑driven but rotate when the
aircraft is moving because of the action of the air; and
(b) that has a power‑driven propulsion
system that is independent of the rotors.
gyroplane flight review means a test of the
aeronautical skills and aeronautical knowledge relevant to gyroplane flight of
the person undertaking the review.
gyroplane pilot licence means:
(a) a private pilot (gyroplane) licence; or
(b) a commercial pilot (gyroplane) licence.
gyroplane pilot rating means:
(a) a flight instructor (gyroplane) rating; or
(b) a gyroplane grade of night V.F.R. rating.
gyroplane proficiency check means a check:
(a) that tests the aeronautical skills and
aeronautical knowledge relevant to gyroplane flight of the person undertaking
the check; and
(b) that is required by:
(i) subregulation 217 (2); or
(ii) if the person flies gyroplanes for
an operator who is based in a Contracting State — by the operator or the
responsible authority of the State.
hazardous weather
conditions means:
(a) a thunderstorm; or
(b) wind shear; or
(c) any other similar meteorological activity;
that may endanger the safety of aircraft or aircraft operations.
heading means the direction in which the
longitudinal axis of an aircraft is pointed, usually expressed in degrees from
North (true, magnetic or compass).
heavier‑than‑air aircraft is the
generic term for aircraft deriving their lift in flight chiefly from
aerodynamic forces.
helicopter means a heavier‑than‑air
aircraft supported in flight by the reaction of the air on one or more normally
power‑driven rotors on substantially vertical axes.
helicopter flight review means a test of the
aeronautical skills and aeronautical knowledge relevant to helicopter flight of
the person undertaking the review.
helicopter pilot licence means:
(a) a private pilot (helicopter) licence; or
(b) a commercial pilot (helicopter) licence; or
(c) an air transport pilot (helicopter) licence.
helicopter pilot rating means:
(a) a flight instructor (helicopter) rating; or
(b) a helicopter grade of night V.F.R. rating; or
(c) a command (multi‑engine helicopter)
grade of instrument rating; or
(d) a command (single engine helicopter) grade of
instrument rating; or
(e) a co‑pilot (helicopter) grade of
instrument rating; or
(ea) a multi‑engine helicopter grade of
private I.F.R. rating; or
(eb) a single‑engine helicopter grade of
private I.F.R. rating; or
(f) a helicopter grade of agricultural rating;
or
(g) a helicopter grade of night V.F.R.
agricultural rating.
helicopter proficiency
check means a check:
(a) that tests the aeronautical skills and
aeronautical knowledge relevant to helicopter flight of the person undertaking
the check; and
(b) that is required by:
(i) subregulation 217 (2); or
(ii) if the person flies helicopters
for an operator who is based in a Contracting State — by the operator or
the responsible authority of the State.
holder, in relation to a licence or a
certificate granted or issued under these regulations, means a person to whom
the licence or the certificate has been granted or issued.
horizontal plane in relation to an aeroplane,
means the plane containing the longitudinal axis and perpendicular to the plane
of symmetry of the aeroplane.
hot air airship means an airship given
buoyancy by hot air.
ICAO Doc. 9574‑AN/934 means Doc. 9574‑AN/934
(Manual on Implementation of a 300 m (1 000 ft) Vertical Separation
Minimum Between FL 290 and FL 410 Inclusive) approved and published by
decision of the Council of the International Civil Aviation Organisation, as in
force from time to time.
I.F.R. is the symbol used to designate the
Instrument Flight Rules prescribed in Part 12.
I.F.R. flight means a flight conducted in
accordance with the Instrument Flight Rules prescribed in Part 12.
I.F.R. operation means an operation conducted
in accordance with the Instrument Flight Rules prescribed in Part 12.
I.M.C. is the symbol used to designate
meteorological conditions other than those designated by the symbol V.M.C.
instrument flight time means flight time
during which a person is flying an aircraft solely by reference to instruments
and without external reference points.
instrument ground time means time during
which a person practices simulated instrument flight in a synthetic flight
trainer that has been approved by CASA under regulation 5.60.
instrument rating means a rating mentioned in
paragraph 5.13 (g).
international air service means an air
service which passes through the airspace over the territory of more than one
country.
international operating agency means an
international operating agency referred to in Article 77 of the Convention.
international registration plan means a plan
for the registration by an international organisation of aircraft operated, or
to be operated, by an international operating agency, being a plan approved by
the Council by a determination made in pursuance of Article 77 of the
Convention.
International
Telecommunications Convention means:
(a) the International Telecommunications
Convention signed at Buenos Aires on 22 December 1952; and
(b) the Radio Regulations annexed to that
Convention.
jet‑propelled aircraft includes an
aircraft that is propelled by one or more engines of the following kinds,
namely, turbofan engines, turbojet engines, unducted fan engines or rocket
engines, but does not include an aircraft that is propelled solely by
conventional propeller engines.
joint registration
plan means a plan for joint registration by Contracting States
constituting an international operating agency of aircraft operated, or to be
operated, by the agency, being a plan approved by the Council by a
determination made in pursuance of Article 77 of the Convention.
landing area means the part of the
manoeuvring area primarily intended for landing or take‑off of aircraft.
landing strip means a rectangular portion of
the landing area, specially prepared for the take‑off and landing of
aircraft in a particular direction.
land station means a radio station, not
capable of being moved, which performs a mobile service.
large‑capacity aeroplane means an
aeroplane that:
(a) has a maximum take‑off weight of more
than 15 000 kilograms; or
(b) is permitted by its type certificate to have
a passenger seating capacity of more than 30 seats.
licensed means licensed under these
regulations.
lighter‑than‑air aircraft is the
generic term for aircraft supported chiefly by their buoyancy in the air.
long‑range radio
navigation system means a navigation system which:
(a) is carried on, or installed in, an aircraft;
and
(b) is used to
determine the position of the aircraft by simultaneously interpreting radio
signals transmitted by a network of ground‑based or satellite‑based
radio transmitters.
maintenance means:
(a) in relation to an aircraft:
(i) the doing of any work (including a
modification or repair) on the aircraft that may affect the safety of the
aircraft or cause the aircraft to become a danger to person or property; or
(ii) the making of a test or an
inspection for the purpose of ascertaining whether the aircraft is in a fit
state for flying; or
(b) in relation to an aircraft component or
aircraft material:
(i) the doing of any work (including a
modification or repair) on the aircraft component or aircraft material that may
affect its soundness or correct functioning; or
(ii) the making of a test or an
inspection for the purpose of ascertaining whether the aircraft component or
aircraft material is sound or functioning correctly.
maintenance controller means a person:
(a) appointed under regulation 42ZV; and
(b) whose appointment:
(i) is approved under regulation 42ZW;
and
(ii) is not suspended or cancelled
under regulation 42ZX.
maintenance control manual means a
maintenance control manual mentioned in regulation 42ZY.
maintenance
instruction means an instruction that is issued by:
(a) CASA or an authorised person in writing
under regulation 38; or
(b) the manufacturer of an aircraft, aircraft
component or aircraft material; or
(c) the designer
of a modification or repair of an aircraft or aircraft component;
but does not include an instruction issued by a manufacturer or
designer if it is clear from the terms of the instruction that the manufacturer
or designer regards compliance with the instruction as optional.
maintenance release means a maintenance
release in force under regulation 43.
maintenance schedule, in relation to a class
B aircraft, means the maintenance schedule referred to in regulation 42A, 42B
or 42C that applies to the aircraft.
major damage, in relation to an aircraft,
means damage of such a kind that it may affect the safety of the aircraft or
cause the aircraft to become a danger to person or property.
major defect, in relation to an aircraft,
means a defect of such a kind that it may affect the safety of the aircraft or
cause the aircraft to become a danger to person or property.
manned balloon
means a balloon that is:
(a) capable of carrying one or more persons; and
(b) equipped with controls that enable control of
the altitude of the balloon.
manual welding means welding carried out and
controlled completely by hand.
manufacturer’s maintenance schedule, in
relation to an aircraft, means a schedule issued by the manufacturer of the
aircraft that sets out what maintenance should be carried out on the aircraft
and when it should be carried out.
maximum landing weight, in relation to an
aircraft, means the weight set out in the certificate of airworthiness of, or
the flight manual for, the aircraft as the maximum landing weight.
maximum take‑off weight, in relation to
an aircraft, means the weight set out in the certificate of airworthiness of,
or the flight manual for, the aircraft as the maximum take‑off weight.
meteorological
information means all classes of meteorological reports, analyses,
forecasts, warnings, advices and revisions or amendments thereto which may be
required in connection with the operation of air routes.
meteorological minima means the minimum
values of meteorological elements as determined by CASA in respect of specified
types of flight operation.
meteorological observation means the
qualitative or quantitative evaluation by instrumental or visual means of one
or more meteorological elements at a place at a given time.
meteorological observer means a person
authorised by the Director of Meteorology to make or record meteorological
observations or a person approved by CASA for that purpose.
meteorological report
means a statement, presented in plain language or in code, either orally, in
written form or by telecommunication, of past or present meteorological
conditions at ground level or in the free air as observed from a given place.
mile means an International Nautical Mile,
being 1,852 metres.
military aerodrome means an aerodrome under
the control of any part of the Defence Force.
military aircraft
means aircraft of any part of the Defence Force (including any aircraft that is
being constructed for any part of the Defence Force), other than any aircraft
that is registered under these regulations as an Australian aircraft.
moored, in relation to lighter‑than‑air
aircraft, means the aircraft:
(a) is tethered; and
(b) is not occupied by any person.
movement area means
that part of an aerodrome to be used for the surface movement of aircraft,
including manoeuvring areas and aprons.
multi‑crew (aeroplane) pilot means the
holder of a multi‑crew pilot (aeroplane) licence.
navigation system, in relation to an
aircraft, means a system by which the aircraft can be navigated.
night flight means flight during night.
non‑controlled aerodrome means an
aerodrome at which an air traffic control service is not operating.
Note A non‑controlled aerodrome is
also known as a non‑towered aerodrome.
Notices to Airmen or NOTAMS has
the meaning given by regulation 4.12 of the Air Services Regulations.
operating crew means any person who:
(a) is on board an aircraft with the consent of
the operator of the aircraft; and
(b) has duties in relation to the flying or
safety of the aircraft.
Note This definition includes
persons:
(a) who
are conducting flight tests; or
(b) who
are conducting surveillance to ensure that the flight is conducted in
accordance with these regulations; or
(c) who
are in the aircraft for the purpose of:
(i) receiving
flying training; or
(ii) practising
for the issue of a flight crew licence.
operational information service means a
service for the provision of advice and information to assist in the safe and
efficient conduct of flights, including the provision of advice and information
at the request of a pilot in command of an aircraft.
operator means a person, organisation, or
enterprise engaged in, or offering to engage in, an aircraft operation.
overseas authorisation means an authorisation
(whether called an authority, licence, certificate, rating or endorsement, or
some other name) that:
(a) authorises the holder to perform duties
essential to the operation of aircraft during flight time; and
(b) is issued by the responsible authority of a
Contracting State.
overseas engineer licence means a licence
(whether it is called a licence, certificate or authority, or is known by some
other name):
(a) that authorises the holder of the licence to
act as an engineer member of the operating crew of an aircraft; and
(b) that was issued by the responsible authority
of a Contracting State.
overseas medical certificate, in relation to
an overseas authorisation, means a certificate that:
(a) is issued by the responsible authority of
the Contracting State that issued the authorisation; and
(b) indicates that its holder meets the medical
standard set by the responsible authority; and
(c) authorises its holder to exercise the
authority given by the authorisation in the Contracting State.
overseas pilot licence means a licence
(whether it is called a licence, certificate or authority, or is known by some
other name):
(a) that authorises the holder of the licence to
act as a pilot member of the operating crew of an aircraft; and
(b) that was issued by the responsible authority
of a Contracting State.
overseas radio licence means a licence (whether
it is called a licence, certificate or authority, or is known by some other
name) issued in accordance with Annex 1 to the Chicago Convention by a country
that is a signatory to the International Telecommunications Convention.
passenger means any person who is on board an
aircraft other than a member of the operating crew.
permissible
unserviceability, in relation to an aircraft, means a defect in, or
damage to, the aircraft of a kind approved by CASA under regulation 37 as a
permissible unserviceability in relation to the aircraft.
personal log book means the log book required
by regulation 5.51.
pilot licence means any of the following:
(a) private pilot (aeroplane) licence;
(b) private pilot (helicopter) licence;
(c) private pilot (gyroplane) licence;
(d) commercial pilot (aeroplane) licence;
(e) commercial pilot (helicopter) licence;
(f) commercial pilot (gyroplane) licence;
(g) commercial pilot (balloon) licence;
(h) commercial pilot (airship) licence;
(i) air transport pilot (aeroplane) licence;
(j) air transport pilot (helicopter) licence;
(k) multi‑crew pilot (aeroplane) licence.
position report means a message, in a
specified form, containing information on the position and progress of an
aircraft.
positive position fix, in relation to an
aircraft in flight, is the point on the surface of the earth vertically below
the aircraft as established by:
(a) in the case of a V.F.R. flight:
(i) visual observation; or
(ii) use of a radio navigation system
or systems; or
(iii) use of an approved self‑contained
navigation system; or
(iv) use of an approved long‑range
radio navigation system; and
(b) in the case of an I.F.R. flight:
(i) use of a radio navigation system
or systems; or
(ii) use of an approved self‑contained
navigation system; or
(iii) use of an approved long‑range
radio navigation system.
power‑assisted sailplane means an
aircraft that the Gliding Federation of Australia has registered as a power‑assisted
sailplane.
private (aeroplane) pilot means the holder of
a private pilot (aeroplane) licence.
private (gyroplane) pilot means the holder of
a private pilot (gyroplane) licence.
private (helicopter) pilot means the holder
of a private pilot (helicopter) licence.
private I.F.R. rating means a rating
mentioned in paragraph 5.13 (ga).
private pilot certificate (balloons) means a
certificate that is issued by the Australian Ballooning Federation Ltd.
private pilot licence
means:
(a) a private pilot (aeroplane) licence; or
(b) a private pilot (helicopter) licence; or
(c) a private pilot (gyroplane) licence.
prohibited area
means an area declared under regulation 6 of the Airspace Regulations 2007
to be a prohibited area.
provisionally certificated aircraft means
an aircraft for which a provisional certificate of airworthiness is in force.
publications means Aeronautical Information
Publications or Visual Flight Guides published by the Aeronautical Information
Service, and includes any amendments of those publications published by that
Service from time to time.
public transport service means a service for
the carriage of persons or cargo for hire or reward.
radiocommunication system means equipment
that is capable of maintaining two‑way voice communication through the
aeronautical mobile radio service.
radio navigation aid means an installation on
the ground that emits radio signals on specified frequencies.
radio navigation system means equipment
carried on, or installed in, an aircraft for the purpose of navigating the
aircraft by reference to the signals emitted by a radio navigation aid.
radiotelephonic
language means:
(a) the words and phrases that CASA has directed
under regulation 82A must be used in communicating by radiotelephone; and
(b) the voice techniques commonly applied to
radiotelephonic communication;
with, or in relation to, an aircraft.
recognised aeroplane means an aeroplane:
(a) that is on the register of aircraft kept by
a Contracting State; or
(b) that is operated by the Defence Force of
Australia or of a Contracting State.
recognised flight time
means flight time that is:
(a) in the case of flight time in a registered
aeroplane, or a recognised aeroplane — flown by the holder of:
(i) an aeroplane pilot licence; or
(ii) a student pilot licence; or
(iii) an overseas pilot licence that
authorises the holder to fly aeroplanes; or
(iv) a pilot qualification issued by the
Defence Force of Australia, or of a Contracting State, that authorises the
holder to fly aeroplanes;
as pilot in command or in dual flying; or
(b) in the case of flight time in a
helicopter — flown by the holder of:
(i) a helicopter pilot licence; or
(ii) a student pilot licence; or
(iii) an overseas pilot licence that
authorises the holder to fly helicopters; or
(iv) a pilot qualification issued by the
Defence Force of Australia, or of a Contracting State, that authorises the
holder to fly helicopters;
as pilot in command or in dual flying; or
(c) in the case of flight time in a
gyroplane — flown by the holder of:
(i) a gyroplane pilot licence; or
(ii) a student pilot licence; and
(iii) an overseas pilot licence that
authorises the holder to fly gyroplanes; or
(iv) a pilot qualification issued by the
Defence Force of Australia, or of a Contracting State, that authorises the
holder to fly gyroplanes;
as pilot in command or in dual flying; or
(d) in the case of flight time in a glider, or
power‑assisted sailplane:
(i) flown by the holder of an FAI
Silver C Certificate, or a higher certificate, issued by the Gliding Federation
of Australia; and
(ii) recorded in the holder’s log book
and certified by a member of the Gliding Federation of Australia who is
authorised by the Federation to certify flight time; or
(e) in the case of flight time in a group A
ultralight:
(i) flown by the holder of a pilot
certificate, either before or after the certificate was issued to the holder,
being a pilot certificate, other than a student certificate, issued by
Recreational Aviation Australia Inc.; and
(ii) recorded in the holder’s logbook
and certified by a member of Recreational Aviation Australia Inc. who is
authorised by that body to certify flight time.
Regional Air Navigation Agreement means a
Regional Air Navigation Agreement approved by decision of the Council of the
International Civil Aviation Organisation.
regular aerodrome means an aerodrome which is
listed in the flight plan as an aerodrome of intended landing.
relevant airworthiness standards means:
(a) for an aircraft that conforms to a type
certificate issued, or taken to have been issued, under regulation 21.013A or
21.029 of CASR — the airworthiness standards included in the type
certification basis for the aircraft; or
(b) for an aircraft for which a type acceptance
certificate has been issued, or is taken to have been issued, under regulation
21.029A of CASR — the airworthiness standards that the aircraft had to
meet for the issue of the foreign type certificate that was the basis for
issuing the type acceptance certificate.
Note For type certification basis
and foreign type certificate see the Dictionary at the end of CASR.
relevant NAA, for an aircraft manufactured in
a foreign country, means the NAA of the country whose airworthiness standards
make up the relevant airworthiness standards for the aircraft.
Note For NAA see the
Dictionary at the end of CASR.
reporting point means a specified
geographical location in relation to which the position of an aircraft can be
reported.
reserve time means a period during which a
flight crew member is required by an operator to hold himself available for a
tour of duty.
responsible authority, in relation to a
Contracting State, means the authority that has responsibility for the
licensing of persons to perform duties essential to the operation of civil
aircraft in the State.
responsible
organisation means:
(a) the responsible authority of a Contracting
State; or
(b) the Defence Force of Australia, or of a
Contracting State; or
(c) a sport aviation body.
rest period means a period of time during
which a flight crew member is relieved by an operator of all duties associated
with his employment.
restricted area
means an area declared under regulation 6 of the Airspace Regulations 2007
to be a restricted area.
restricted flight engineer means the holder
of a restricted flight engineer licence.
restricted flight engineer proficiency check
means a check:
(a) designed to test the competency of a
restricted flight engineer; and
(b) approved for the purposes of regulation 217.
rotorcraft means a heavier‑than‑air
aircraft supported in flight by the reaction of the air on one or more rotors
on substantially vertical axes.
route sector means a route, or portion of a
route, flown without an intermediate landing.
route segment means a route, or portion of a
route, usually flown without an intermediate stop.
RVSM airspace means
any of the following:
(a) the airspace, at or above flight level 290,
identified in AIP to be airspace where a vertical separation minimum of
1 000 feet applies;
(b) the airspace,
at or above flight level 290, designated, or otherwise recognised, by the
competent authority of a foreign country to be airspace where a vertical
separation minimum of 1 000 feet applies;
(c) airspace, at or above flight level 290,
where a vertical separation of 1 000 feet applies under the terms of a
Regional Air Navigation Agreement.
RVSM airworthiness approval has the meaning
given by regulation 181C.
RVSM airworthiness
approved aircraft means:
(a) an Australian aircraft for which an RVSM
airworthiness approval is in force; or
(b) a foreign aircraft for which an RVSM foreign
airworthiness approval is in force.
RVSM foreign airworthiness approval has the
meaning given by regulation 181D.
RVSM operational approval has the meaning
given by regulation 181E.
secondary surveillance radar transponder
means equipment that:
(a) is carried on, or installed in, an aircraft;
and
(b) can respond to radio signals transmitted to
the aircraft by ground radar and relay information about the aircraft’s
operations including the following:
(i) the identity of the aircraft;
(ii) the position of the aircraft;
(iii) the altitude of the aircraft.
self‑contained navigation system means
a navigation system which:
(a) is carried on, or installed in, an aircraft;
and
(b) determines the position of the aircraft
without reference to externally generated radio signals.
servicing, in relation to an aircraft, means
preparing the aircraft for flight, and includes providing the aircraft with
fuel and other fluids that are necessary for its operation, but does not
include any work that is maintenance.
signal area means a selected part of an
aerodrome used for the display of ground signals so that they will be visible
to aircraft in the air.
special pilot licence means a pilot licence
issued under regulation 5.198.
specific subject means a subject for
examination under these regulations, being a subject related to the maintenance
of a particular type of aircraft, engine, electrical installation, instrument
installation or radio system, declared by CASA, by notification published in
Civil Aviation Orders, to be a specific subject for the purposes of these
regulations.
sport aviation body means:
(a) Recreational Aviation Australia Inc.; or
(b) the Australian Ballooning Federation Ltd; or
(c) the Gliding Federation of Australia; or
(d) the Hang‑gliding Federation of
Australia; or
(e) the Australian Parachute Federation; or
(f) a body established in a Contracting State to
administer sport aviation in that State.
State includes the Northern Territory.
student flight engineer means the holder of a
student flight engineer licence.
student pilot means the holder of a student
pilot licence.
student pilot area limit, in relation to a
flight undertaken by a student pilot, means:
(a) a traffic pattern; or
(b) the area within 10 miles from the aerodrome
reference point of the aerodrome from which the flight commenced; or
(c) a flying training area associated with the
aerodrome from which the flight commenced; or
(d) the most direct route between the aerodrome
from which the flight commenced and a flying training area associated with the
aerodrome.
syllabus means a syllabus of training
published under regulation 5.59.
synthetic flight trainer means a flight
simulator, a flight training device, or a synthetic trainer.
Note 1 For definitions of flight
simulator and flight training device, see
the CASR Dictionary.
Note 2 Standards for flight simulators
and flight training devices are set out in the document called ‘Manual of
Standards (MOS) – Part 60’ published by CASA.
Note 3 Standards for synthetic trainers
are set out in the document called ‘FSD‑2 Operational Standards and
Requirements – Approved Synthetic Trainers’ published by CASA.
synthetic trainer means a ground training
device, other than a flight simulator or a flight training device, that
simulates or represents flight conditions, aircraft characteristics and a
cockpit environment.
taxi speed means the speed at which an
aeroplane manoeuvres on the surface of an aerodrome under its own power when it
is neither taking‑off nor landing.
Territory does not include the Northern Territory.
tethered, in relation to a lighter‑than‑air
aircraft, means attached to the ground, or an object on the ground, by flexible
restraints that limit the movement of the aircraft.
tethered flight time, in relation to a
balloon, means any part of the flight time in the balloon during which the
balloon is tethered.
the Act means the Civil Aviation Act 1988.
the Convention means the Chicago Convention.
the Director of Meteorology means the
Director of Meteorology under the Meteorology Act 1955.
theory examination means an examination of a
person’s aeronautical knowledge set and conducted by CASA under subregulation
5.41 (1).
these regulations includes CASR.
time‑in‑service means:
(a) in relation to an aircraft — the period
starting when the aircraft takes off on a flight and ending when the aircraft
lands at the end of the flight; and
(b) in relation to
an aircraft component — the period:
(i) during which the component is
fitted to or provided in an aircraft; and
(ii) starting when the aircraft takes
off on a flight and ending when the aircraft lands at the end of the flight.
time‑lifed aircraft component means an
aircraft component (including an engine or propeller) that:
(a) the manufacturer of the component; or
(b) if the component has been modified — the
designer of the modification; or
(c) CASA;
has instructed must be retired or overhauled or removed from an
aircraft within a particular period.
tour of duty means a period from the time at
which a flight crew member commences any duties associated with his employment
before making a flight or series of flights until the time at which he is
finally relieved of all such duties after the termination of the flight or
flights, and includes a period during which a flight crew member is required by
an operator to hold himself available at an aerodrome for the performance of
any such duties.
track means the projection on the earth’s
surface of the path of an aircraft, the direction of which at any point is
usually expressed in degrees from North (true or magnetic).
traffic advisory service means a service
provided by air traffic control for the purpose of giving traffic information
and advice, except traffic avoidance advice, to help a pilot avoid a collision.
traffic avoidance advice means advice
provided by air traffic control specifying manoeuvres to help a pilot avoid a
collision.
traffic information means information issued
by air traffic control or Flight Service to alert the pilot of an aircraft to
other aircraft that may be close to the position, or the intended route, of his
or her aircraft, so as to help the pilot avoid a collision.
traffic pattern
means the path over the ground of aircraft in flight in the vicinity of an
aerodrome during the execution of take‑offs and landings and their paths
when manoeuvring on the manoeuvring area.
training flight engineer means a flight
engineer employed by, or working under an arrangement with, an approved
training and checking organisation to carry out training and supervision of
flight engineers.
TSO followed by the letter ‘C’ and a number
means the Technical Standard Order so numbered issued by the Administrator of
the FAA.
unlawful interference with aviation has the
same meaning as in section 3AE of the Air Navigation Act 1920.
vertical plane, in relation to an aeroplane,
means a plane perpendicular to the horizontal plane.
V.F.R. is the symbol used to designate the
Visual Flight Rules prescribed in Part 12.
V.F.R. flight means a flight conducted in
accordance with Visual Flight Rules prescribed in Part 12.
V.F.R. operation means an operation conducted
under Visual Flight Rules prescribed in Part 12.
visibility means the ability, as determined
by atmospheric conditions and expressed in units of distance, to see and
identify prominent unlighted objects by day and prominent lighted objects by
night.
V.M.C. is the symbol used to denote
meteorological conditions in which the flight visibility and distances from
cloud during a flight are equal to, or greater than, the applicable distances
determined by the Authority under subregulation 172 (2).
(2) The Authority may direct that any
part, equipment or apparatus for an aircraft shall, for the purposes of these
regulations, be deemed not to be an aircraft component.
(2A) A reference in these regulations to
maintenance on an aircraft includes a reference to maintenance on aircraft
components and aircraft materials.
(2B) A reference in these regulations to an
aircraft component, or aircraft material, included in an aircraft includes a
reference to an aircraft component or aircraft material that is usually
included in the aircraft but that has been temporarily removed from the
aircraft for any purpose (including for the purpose of having maintenance
carried out).
(2C) For the purposes of these regulations,
an aircraft is certificated as a transport category aircraft if:
(a) there is a certificate of airworthiness in
force in relation to the aircraft; and
(b) the certificate includes a statement to the
effect that the certificate is issued in the transport category.
(2D) For the
purposes of these regulations, the categories of maintenance are as follows:
(a) maintenance on aircraft airframes;
(b) maintenance on aircraft engines;
(c) maintenance on aircraft radio systems;
(d) maintenance on aircraft electrical systems;
(e) maintenance on aircraft instruments.
(3) In Division 2 of Part 11 and in Parts
12 and 13, unless the contrary intention appears:
landing includes alighting on the water and to
land has a corresponding meaning.
rule means a rule prescribed by a regulation
contained in that Division or those Parts and the rules has a
corresponding meaning.
visible, in relation to lights, means visible
on a dark night with a clear atmosphere.
(4) For the purposes of Division 2 of Part
11 and Parts 12 and 13, an aircraft shall be deemed to be:
(a) on the surface of the water
when any part of the aircraft is in contact with the water;
(b) making way if, being under way
in the air or on the surface of the water, it has a velocity relative to the
air or the water, as the case may be;
(c) under command when it is able
to manoeuvre as required by the rules contained in the provisions of Division 2
of Part 11 and in the provisions of Parts 12 and 13 of these regulations or by
the International Regulations for Preventing Collisions at Sea as set forth in
Schedule 3 to the Navigation Act 1920;
(d) under way if, being in the air
or on the surface of the water, it is not aground or moored to the ground or to
any fixed object on the land or in the water.
(5) Where any rule contained in the
provisions of Division 2 of Part 11 or in the provisions of Parts 12 and 13
contains a provision similar to that of a rule contained in the Rules of the
Air adopted in pursuance of the Convention, but a distance which in the last‑mentioned
rule is expressed by kilometres, metres or centimetres (as the case may be) is
in the first‑mentioned rule expressed in miles, feet or inches, an
aircraft which, in respect of that distance, complies with the last‑mentioned
rule shall also be deemed to comply with the first‑mentioned rule.
(6) For the purposes of these regulations,
an aircraft shall be classified in accordance with the type of operations in
which it is being employed at any time, as follows:
(a) when an aircraft is being employed in aerial
work operations, it shall be classified as an aerial work aircraft;
(b) when an aircraft is being employed in charter
operations, it shall be classified as a charter aircraft;
(c) when an aircraft is being employed in
regular public transport operations, it shall be classified as a regular public
transport aircraft;
(d) when an aircraft is being employed in private
operations, it shall be classified as a private aircraft.
(7) For the purposes of these regulations:
(a) an aircraft that is flying or operating for
a commercial purpose referred to in paragraph 206 (1) (a) shall be
taken to be employed in aerial work operations;
(b) an aircraft that is flying or operating for a
commercial purpose referred to in paragraph 206 (1) (b) shall be
taken to be employed in charter operations;
(c) an aircraft that is flying or operating for
the commercial purpose referred to in paragraph 206 (1) (c) shall be
taken to be employed in regular public transport operations; and
(d) an aircraft that is flying or operating for the
purpose of, or in the course of:
(i) the personal transportation of the
owner of the aircraft;
(ii) aerial spotting where no
remuneration is received by the pilot or the owner of the aircraft or by any
person or organisation on whose behalf the spotting is conducted;
(iii) agricultural operations on land
owned and occupied by the owner of the aircraft;
(iv) aerial
photography where no remuneration is received by the pilot or the owner of the
aircraft or by any person or organisation on whose behalf the photography is
conducted;
(v) the carriage of persons or the
carriage of goods without a charge for the carriage being made other than the
carriage, for the purposes of trade, of goods being the property of the pilot,
the owner or the hirer of the aircraft;
(va) the carriage of persons in
accordance with subregulation (7A);
(vi) the carriage of goods otherwise
than for the purposes of trade;
(vii) conversion training for the
purpose of endorsement of an additional type or category of aircraft in a pilot
licence; or
(viii) any other activity of a kind
substantially similar to any of those specified in subparagraphs (i) to (vi)
(inclusive);
shall be taken to be employed in private
operations.
(7A) An aircraft that carries persons on a
flight, otherwise than in accordance with a fixed schedule between terminals,
is employed in a private operation if:
(a) public notice of the flight has not been
given by any form of public advertisement or announcement; and
(b) the number of persons on the flight, including
the operating crew, does not exceed 6; and
(c) no payment is made for the services of the
operating crew; and
(d) the persons on the flight, including the
operating crew, share equally in the costs of the flight; and
(e) no payment is required for a person on the
flight other than a payment under paragraph (d).
(7B) For these Regulations, an unmanned aircraft that is
operating in accordance with Part 101 of CASR, or an approval granted by CASA
under that Part, is employed in an aerial work operation.
(8) For the purposes of these regulations,
civil air operations are divided into the classes of operations referred to in
subregulation (7).
(9) Any reference in these regulations to
the owner of an aircraft must, where under a contract of hire or charter
agreement the control, maintenance and operation of the aircraft is vested in
the hirer, be read as a reference to the hirer.
(10) A reference in these regulations to
height shall be read as a reference to:
(a) the vertical distance of a level or a point,
or if an object is specified, that object considered as a point, measured from
the datum specified in connection with the reference, or where no datum is
specified, measured from the ground or water; or
(b) the vertical
dimension of an object;
as the case requires.
(11) For the purposes of these regulations,
any reference to endorsement in a licence or other document shall be read as a
reference to endorsement on the document, and matter shall be deemed to be
endorsed on a document if it is written on any part of the document.
(12) A provision in these regulations that
requires, prohibits or authorises the doing by an aircraft or a person of an
act or thing at night or by night shall be read as a provision that requires,
prohibits or authorises, as the case may be, the doing by the aircraft or the
person of the act or thing when the aircraft or person is at or over a place:
(a) if a period has been determined in
accordance with regulation 310 in respect of the area in which the place
is — at any time in that period; or
(b) in any other case — at any time after
evening civil twilight at that place has ended and before morning civil
twilight at that place next commences.
(13) Notes in square brackets in these regulations
are included for information only and do not form part of the regulations.
2AA Meaning
of ANZA mutual recognition agreements (Act s 3)
The arrangements, identified for the purposes of
the definition of ANZA mutual recognition agreements in
subsection 3 (1) of the Act, are:
(a) the arrangement set out in the document
entitled ‘Arrangement between the Australian and New Zealand Governments on
Mutual Recognition of Aviation‑Related Certification’, signed at
Wellington on 13 February 2007; and
(b) the arrangement set out in the document
entitled ‘Operational Arrangement between the Civil Aviation Safety Authority
of Australia and the Civil Aviation Authority of New Zealand in relation to
mutual recognition of Air Operator Certificates’, signed on 16 March 2007.
2A Approved
maintenance data
(1) Subject to subregulation (3), the
approved maintenance data for an aircraft, aircraft component or aircraft
material consists of the requirements, specifications and instructions that
are:
(a) contained in the maintenance data set out in
subregulation (2); and
(b) applicable to the maintenance of the
aircraft, aircraft component or aircraft material, as the case requires.
(2) For the purposes of paragraph (1) (a), the
maintenance data are:
(a) requirements in:
(i) regulations 42U, 42W, 42X, 42Y,
42Z and 42ZA or in instruments made under those regulations; and
(ii) directions (however described)
made under an airworthiness directive or under regulation 25, 38 or 44;
being requirements that specify how
maintenance on aircraft, aircraft components or aircraft materials is to be
carried out; and
(b) specifications in documents or designs
approved under regulations 22 or 35 by CASA or by authorised persons as to how
maintenance on aircraft, aircraft components or aircraft materials is to be carried
out; and
(c) instructions, issued by the manufacturers of
aircraft, aircraft components or aircraft materials, that specify how
maintenance on the aircraft, components or materials is to be carried out; and
(d) instructions, issued by the designers of
modifications of aircraft or aircraft components, that specify how maintenance
on the aircraft or components is to be carried out; and
(e) any other instructions, approved by CASA
under subregulation (4) for the purposes of this paragraph, relating to how
maintenance on aircraft, aircraft components or aircraft materials is to be
carried out.
(3) CASA
may, for the purpose of ensuring the safety of air navigation, declare in
writing that an instruction mentioned in paragraph (2) (c) or (d) that CASA thinks
is deficient is not included in the approved maintenance data for an aircraft,
aircraft component or aircraft material.
(4) CASA may, for the purposes of
paragraph (2) (e), approve instructions relating to how maintenance on
aircraft, aircraft components or aircraft material is to be carried out.
2B Powers
to issue directions etc
(1) If:
(a) a provision of these regulations refers to a
prescribed act done by CASA or an authorised person; and
(b) there is no provision of the Act or these
regulations expressly authorising CASA or an authorised person to do the act;
the provision mentioned in paragraph (a) is taken to authorise CASA
or an authorised person, as the case may be, to do the act.
(2) For the purposes of this regulation,
CASA or an authorised person is taken to do a prescribed act if CASA or the
authorised person issues, gives or grants a direction, instruction,
notification, exemption, permission, approval or authority, or does any other
act or thing.
2C How
to read CASR
(1) CASR is to be read with, and as if it formed part
of, these regulations.
(2) However, if there is any inconsistency
between these regulations and CASR, CASR prevails to the extent of the
inconsistency.
3 Application
of regulations
(1) Subject to these regulations, these
regulations apply to and in relation to:
(a) international air navigation within
Australian territory;
(b) air navigation in relation to trade and
commerce with other countries and among the States;
(c) air navigation within the Territories;
(d) air navigation to or from the Territories;
(e) air navigation in which a Commonwealth
aircraft is engaged;
(f) air
navigation in controlled air space that is of a kind not specified in paragraph
(a), (b), (c), (d) or (e) but directly affects, or may endanger, the safety of
persons or aircraft engaged in:
(i) air navigation of a kind specified
in paragraph (a), (b), (d) or (e); or
(ii) air navigation in which a military
aircraft is engaged; and
(g) all air navigation within Australian
territory of a kind not specified in paragraph (a), (b), (c), (d) or (e).
(2) Except where otherwise prescribed, the
provisions of these regulations shall apply to and in relation to Australian
aircraft engaged in air navigation outside Australian territory.
(3) When an Australian aircraft is flying
over the high seas, the provisions of Annex 2 to the Convention shall apply to
and in relation to that aircraft and that flight in substitution for the
corresponding provisions of these regulations relating to the flight and manoeuvre
of aircraft.
(4) CASA shall notify in Aeronautical
Information Publications any differences between the provisions of these
regulations relating to the flight and manoeuvre of aircraft and the provisions
of Annex 2 to the Convention.
(5) Subject to these regulations, these
regulations do not apply to or in relation to state aircraft or to military
aerodromes.
(6) Notwithstanding the provisions of
subregulation (5), the provisions of these regulations relating to flight and
manoeuvre of aircraft and the licensing of personnel apply to and in relation
to a flight by an Australian military aircraft where the aircraft is flown by a
person other than a member of the Defence Force.
Part 2 Administration and organisation
4 CASA
(1) CASA shall, subject to the directions
of the Minister, be charged with the administration of these regulations, and
shall exercise and perform the powers and functions conferred on CASA by these
regulations.
(2) CASA shall maintain close liaison with
the Department of Defence in matters of common interest.
5 Civil
Aviation Orders
(1) Wherever CASA is empowered or required
under these regulations to issue any direction, instruction or notification or
to give any permission, approval or authority, CASA may, unless the contrary
intention appears in the regulation conferring the power or function or
imposing the obligation or duty, issue the direction or notification or give
the permission, approval or authority in Civil Aviation Orders or otherwise in
writing.
(2) Expressions used in Civil Aviation
Orders shall, unless the contrary intention appears, have the same meanings as
in these regulations.
(3) If a direction, instruction or
notification relating to a person is issued in Civil Aviation Orders, the
direction, instruction or notification, as the case may be, is taken to have
been served on the person on the date on which the making of the Order is
notified in the Gazette.
5A Certain
directions etc to be disallowable instruments
(1) If:
(a) CASA has issued a Civil Aviation Order that
is not an airworthiness directive, whether before or after 16 June 1994; and
(b) a prescribed direction or exemption is
issued, given or granted on or after that day; and
(c) the prescribed direction or exemption has
the effect of repealing, amending, or otherwise affecting the operation of,
anything in the Order;
the prescribed direction or exemption is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901.
(2) In this regulation:
prescribed direction or exemption means a
direction, instruction, notification, exemption, permission, approval or
authority (however described or commonly called) issued, given or granted under
these regulations, but does not include anything in:
(a) a Civil Aviation Order; or
(b) an airworthiness directive; or
(c) an instrument that is declared under any
other provision of these regulations to be a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901.
6 Authorised
persons
(1) CASA may, in writing:
(a) appoint a person to be an authorised person
for the purposes of a provision of these regulations in which the expression ‘authorised
person’ occurs; or
(b) appoint persons included in a class of
persons to be authorised persons for the purposes of a provision of these
regulations in which the expression ‘authorised person’ occurs.
(2) An appointment under subregulation (1)
may be made subject to such conditions as are specified in the instrument of
appointment.
6A Identity
cards
(1) CASA must issue an identity card to an authorised
person:
(a) appointed under regulation 6 for the
purposes of any 1 or more of the following provisions:
(i) subregulation 30 (4);
(ii) subregulation 33 (2);
(iii) regulation 43A;
(iv) regulation 50D;
(v) regulation 53;
(viii) regulation 227;
(ix) regulation 290;
(x) regulation 302;
(xi) regulation 310B; or
(b) acting under regulation 305.
(2) An identity card must:
(a) bear a recent photograph of the person; and
(b) identify whichever of the provisions referred
to in subregulation (1) is relevant; and
(c) be in a form approved, in writing, by CASA.
(3) If a person issued with an identity card stops being
an authorised person for the purposes of all or any provision identified in it,
the person must return the card to CASA within 7 days of the person stopping
being an authorised person.
Penalty: 1 penalty unit.
(3A) An offence against subregulation (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3B) It is a defence to a
prosecution under subregulation (3) if the defendant returned the identity
card to CASA as soon as practicable.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (3B) (see subsection
13.3 (3) of the Criminal Code).
(4) If a person returns
an identity card because he or she has stopped being an authorised person for
the purposes of only some of the provisions identified in it, CASA must, as
soon as practicable, issue to the person a new identity card under
subregulation (1) identifying the provisions for the purposes of which the
person is still appointed as an authorised person.
7 Delegation
(1) The Director may, in writing, delegate
to a person all or any of CASA’s powers and functions under CAR.
(2) A delegation may be made subject to
conditions that are necessary in the interests of the safety of air navigation.
(3) A delegate is subject to any written
direction of the Director in the exercise of a power, or the performance of a
function, delegated under subregulation (1).
Part 4 Airworthiness requirements
Division 1 Design standards
21 Design
standards for aircraft
(1) CASA may issue a design standard for an aircraft for
which no appropriate design standard is in force.
(2) However, CASA must issue a design standard for an
aircraft for which no appropriate design standard is in force if a person
applies under regulation 35 for approval of the design of a modification or
repair of the aircraft.
(3) A design standard must state the specifications with
which CASA considers the aircraft should comply to ensure that it is capable of
being flown safely in normal operations in accordance with these regulations.
21A Design
standards for aircraft components
(1) CASA may issue a design standard for an aircraft
component for which no appropriate design standard is in force.
(2) However, CASA must issue a design standard for an
aircraft component for which no appropriate design standard is in force if:
(a) the person applies under regulation 35 for
approval of the design of a modification or repair of a component; or
(b) a person applies under regulation 36 for
approval of a component.
(3) A design standard must state the specifications with
which CASA considers the component should comply to ensure that the aircraft
fitted with the component is capable of being flown safely in normal operations
in accordance with these regulations.
Division 2 Foreign operators
29 Damage
etc to aircraft of a Contracting State
(1) Where an aircraft possessing the
nationality of a Contracting State is in Australian territory and is found to
have suffered major damage or to have developed a major defect, CASA may direct
that the aircraft shall not fly.
(2) Where CASA gives a direction under
this regulation, CASA shall furnish to the appropriate authority of the
Contracting State a notification of the action taken by CASA and a report of
the damage or defect, as the case may be.
(3) CASA may, unless CASA considers that
it would be detrimental to the safety of air navigation to do so, revoke a
direction given under this regulation if the appropriate authority of the
Contracting State notifies CASA that the appropriate authority:
(a) has revoked any suspension of the
certificate of airworthiness of the aircraft to which the direction relates
that the appropriate authority had imposed;
(b) considers that the damage or defect by reason
of which the direction was given is not of such a nature as to prevent the
aircraft from fulfilling the minimum requirements of safety adopted in
pursuance of the Convention; or
(c) considers that, in the circumstances of the
case, the aircraft to which the direction relates should be permitted to fly
without passengers to a place at which the necessary repairs or modifications
can be made.
(4) In revoking a direction under this
regulation, CASA may give a further direction imposing such conditions on the
operation of the aircraft as are notified to CASA by the appropriate authority
referred to in subregulation (3).
(5) A direction given under this
regulation does not have effect in relation to a person until it has been
served:
(a) on the person; or
(b) if the direction cannot be served on the
person — by affixing the direction to the aircraft to which it relates.
(6) A person must not fly an aircraft in
contravention of a direction, or any condition imposed by a direction, given
under this regulation.
Penalty: 50 penalty
units.
(7) An offence against subregulation (6) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 3 Certificates of approval, aircraft maintenance engineer
licences, airworthiness authorities and aircraft welding authorities
29A Interpretation
(1) In this Division:
aircraft welding examination means a welding
examination:
(a) based on examination materials published by
CASA in a document called ‘Aircraft Welding Examinations’ as in force from time
to time; and
(b) conducted by CASA or an authorised person.
welding training means practical and
theoretical training that:
(a) is based on Australian Standard AS 1796 as
in force from time to time; and
(b) is conducted by an organisation that carries
out training in welding.
(2) For the purposes of this Division, the
types of manual welding are as follows:
(a) type 1 — gas welding;
(b) type 2 — braze welding;
(c) type 3 — manual metal arc welding;
(d) type 4 — gas tungsten arc welding;
(e) type 5 — gas metal arc welding;
(f) type 6 — plasma arc welding.
(3) For the purposes of this Division, the
parent metal groups are as follows:
(a) group 1 — aluminium alloys;
(b) group 2 — magnesium alloys;
(c) group 3 — carbon steel and low alloy
steels;
(d) group 4 — corrosion and heat resisting
steels;
(e) group 5 — nickel alloys;
(f) group 6 — copper‑based alloys;
(g) group 7 — titanium alloys.
30 Certificates
of approval
(1) A person engaged, or intending to
engage, in any stage of design, distribution or maintenance of aircraft,
aircraft components or aircraft materials, or in the training of candidates
for, or in the conducting of, the examinations referred to in paragraph 31 (4)
(e) may apply to CASA for a certificate of approval in respect of those
activities.
(2) An application must be in writing and
must:
(a) set out the following:
(i) a statement of the activities to
be covered by the certificate;
(ii) the address of the main place (if
any) at which the applicant proposes to carry out those activities;
(iii) the number of appropriately
qualified or experienced persons employed by the applicant who will be involved
in carrying out those activities; and
(b) have with it evidence of:
(i) the relevant qualifications and
experience of the applicant and the applicant’s employees; and
(ii) the facilities and equipment available
to the applicant for the carrying out of the activities; and
(iii) the arrangements made to ensure
the applicant has, and will continue to receive, information necessary for the
carrying out of those activities; and
(iv) a system of quality control that
satisfies the requirements of subregulation (2D); and
(c) if maintenance of class A aircraft is an
activity to be covered by the certificate — have with it a copy of the
procedures manual, in which the system of quality control procedures must be set
out, that the applicant proposes to use if the certificate of approval is
granted.
(2A) CASA must grant the applicant a
certificate of approval covering the activities to which the application
relates if CASA is satisfied that the applicant is able to carry out the
activities in a satisfactory manner.
(2B) In deciding whether it is satisfied as
mentioned in subregulation (2A), CASA must have regard to:
(a) the relevant qualifications and experience
of the applicant and the applicant’s employees; and
(b) the facilities and equipment available to the
applicant for the carrying out of those activities; and
(c) the arrangements made to ensure the
applicant has, and will continue to receive, the information necessary for the
carrying out of those activities; and
(d) the applicant’s system of quality control;
and
(e) if the applicant is required by paragraph
(2) (c) to have a procedures manual — the applicant’s procedures manual.
(2C) A certificate of approval is subject to:
(a) a condition that each activity the
certificate covers must only be carried out at a place where the facilities and
equipment necessary for the proper carrying out of the activity are available
to the holder of the certificate;
(b) a condition that the activities the
certificate covers must be carried out in accordance with a system of quality
control that satisfies the requirements of subregulation (2D); and
(c) if the certificate covers some or all of the
following activities:
(i) the design of aircraft;
(ii) the design of aircraft components;
(iii) the
design of aircraft materials;
(vii) the maintenance of aircraft;
(viii) the maintenance of aircraft
components;
(ix) the maintenance of aircraft
materials;
(x) the training of candidates for the
examinations referred to in paragraph 31 (4) (e);
(xi) the conducting of the examinations
referred to in paragraph 31 (4) (e);
a condition that each of those activities
that is covered by the certificate must be carried out under the control of a
person appointed by the applicant to control the activities; and
(d) a condition that the holder of the
certificate of approval must ensure that each person employed by, or working
under an arrangement with, the holder receives adequate training in:
(i) the work performed by the person for
the purposes of the activities covered by the certificate; and
(ii) the use of any equipment used in
connection with that work.
(2D) A system of quality control must be in
writing and must contain the following:
(a) the procedures to be followed in connection
with the carrying out of the activities covered by the certificate that, in
particular, includes procedures for:
(i) the control of the work carried
out under the certificate; and
(ii) the maintenance, control and
calibration of equipment; and
(iii) the control of stores;
(b) a statement:
(i) that sets out the places at which
the activities covered by the certificate are, or will be, carried out and
which activities are, or will be, carried out at each place; and
(ii) that identifies any mobile
facilities available to the certificate of approval holder for the carrying out
of the activities covered by the certificate and which activities are, or will
be, carried out using each mobile facility;
(c) in relation to each activity covered by the
certificate that is required, by paragraph (2C) (c), to be carried out under
the control of a person — the name of the position occupied by the person
who controls the carrying out of the activity;
(d) a description of the applicant’s
organisational structure, the responsibilities of employees within the
structure and the procedures to be followed by the employees in undertaking the
activities covered by the certificate;
(e) a description of the resources for
implementing quality management;
(f) a description of the audit system applying
to the system of quality control;
(g) if the quality control system is set out in
a procedures manual required under paragraph (2) (c) — a statement of the
procedures to be followed in relation to the amendment of the procedures
manual.
Note Australian Standards AS3900 to
AS3904 provide guidance for the content of a system of quality control.
(3) CASA may, for the purpose of ensuring
the safety of air navigation, include in a certificate of approval granted
under this regulation an endorsement that the certificate is granted subject to
a condition set out in the endorsement, in a document issued with the
certificate of approval or in a specified Part or Section of Civil Aviation
Orders.
(3A) A person must not contravene a condition
to which a certificate of approval is subject.
Penalty: 25 penalty units.
(3B) An offence against subregulation (3A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3C) It is a defence to a prosecution under
subregulation (3A) if the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (3C) (see subsection
13.3 (3) of the Criminal Code).
(4) An authorised person may, at any time,
for the purpose of ascertaining whether the activities to which a certificate
of approval relates are being carried on in a satisfactory manner:
(a) inspect any aircraft, aircraft component or
aircraft material;
(b) inspect any process or systems carried on by,
any records maintained by or any documents in the possession of, the holder of
the certificate of approval in connection with the activities to which the
certificate of approval relates;
(c) conduct any tests that the authorised person
considers necessary; and
(d) require the holder of the certificate of
approval to furnish to the authorised person such evidence as the authorised
person requires:
(i) of the qualifications and
competence of the holder or of the qualifications and competence of the
employees of the holder; or
(ii) of the facilities at the disposal
of the holder.
(4A) The holder of a certificate of approval
must give to an authorised person the evidence required under paragraph
(4) (d).
Penalty: 5 penalty units.
(4B) An offence against subregulation (4A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(5) An authorised person must produce his
or her identity card for inspection while acting as an authorised person if
asked to do so by:
(a) the holder of the certificate of approval;
or
(b) a person:
(i) who has control over any subject
matter or thing specified in subregulation (4); or
(ii) who apparently has control over
any subject matter or thing specified in subregulation (4).
(6) Where
an authorised person:
(a) is acting as an authorised person; and
(b) under subregulation (4), seeks to carry out
an inspection, conduct a test or require evidence to be furnished or is
carrying out an inspection, conducting a test or requiring evidence to be
furnished; and
(c) fails to produce his or her identity card
for inspection when asked to do so;
that person:
(d) is not authorised to carry out the
inspection, conduct the test or require evidence to be furnished; and
(e) if that person is carrying out one of those
activities, must cease that activity immediately.
30A Changes
to certificates of approval
(1) The holder of a certificate of
approval may, in writing, request CASA to approve a proposed change to any of
the particulars specified in the certificate, including the activities covered
by the certificate.
(2) The request must have with it a copy
of the proposed change.
(3) CASA must approve the change if CASA is
satisfied that, if the certificate of approval is changed in the manner
proposed, the holder of the certificate will carry out the activities covered
by the certificate in a satisfactory manner.
(4) In deciding whether it is satisfied as
mentioned in subregulation (3), CASA must have regard to the matters referred
to in subregulation 30 (2B).
(5) If CASA approves the change, the
approval has effect from when notice of the approval is given to the person who
requested approval of the change.
(6) A purported change to a certificate of
approval has no effect unless it has been approved under subregulation (3) and
that approval is in force.
30B Notice
of events to be given
(1) Subject to subregulation (2), CASA
may, by notice in writing given to the holder of a certificate of approval,
require the holder to notify CASA of the happening of an event specified in the
notice within a specified period.
(2) Events specified in the notice must be
events that CASA thinks might adversely affect the carrying out of the
activities covered by the certificate of approval.
(3) The holder of the certificate of
approval must comply with the notice.
Penalty: 5 penalty
units.
(4) An offence against subregulation (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
31 Aircraft
maintenance engineer licences
(1) A qualified person may apply to CASA
for the issue of an aircraft maintenance engineer licence in one or more of the
following categories:
(a) airframes;
(b) engines;
(c) radio;
(d) electrical;
(e) instruments.
(1A) CASA may issue to the person a licence
in the category specified in the application.
(1B) When issuing a licence, CASA must
endorse it with the category in which the licence is issued.
(2) CASA may, when issuing an aircraft
maintenance engineer licence or at any time while such a licence is in force,
enter an endorsement on the licence specifying the limits of the work to which
the licence relates.
(2A) A person must not carry out work that
exceeds the limits of the work specified in an endorsement on his or her
licence.
Penalty: 25 penalty units.
(2B) An offence against subregulation (2A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) CASA may, for the purpose of ensuring
the safety of air navigation, include in an aircraft maintenance engineer
licence an endorsement that the licence is issued subject to a condition set
out in the endorsement or in a specified Part or Section of Civil Aviation
Orders.
(3A) A person must not contravene a condition
subject to which his or her licence is granted.
Penalty: 25 penalty units.
(3B) An offence against subregulation (3A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3C) It is a defence to a prosecution under
subregulation (3A) if the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (3C) (see subsection
13.3 (3) of the Criminal Code).
(4) In this regulation, qualified person
means a person who:
(a) has attained the age of 21 years; and
(b) satisfies CASA that he or she possesses such
knowledge as CASA requires of:
(i) the principles of flight of
aircraft;
(ii) the
assembly, functioning and principles of construction of, and the methods and
procedures for the maintenance of, those parts of an aircraft that CASA
considers relevant having regard to the licence sought; and
(iii) these regulations and the Civil
Aviation Orders; and
(c) satisfies
CASA that he or she has had such practical experience of the duties performed
by a holder of the licence sought as CASA requires and directs in Civil
Aviation Orders; and
(d) satisfies CASA that he or she is not
suffering from any disability likely to affect his technical skill or judgment;
and
(da) satisfies CASA that he or she possesses
sufficient knowledge of the English language to carry out safely the duties
required to be performed by a holder of the licence; and
(e) has passed such examinations as CASA requires
to be passed by an applicant for the licence sought.
(5) Any requirement formulated by CASA for
the purposes of subregulation (4) shall be not less than the corresponding
minimum requirement adopted in pursuance of the Convention.
(6) Where a person satisfies CASA that the
person:
(a) is the holder of a licence equivalent to the
licence sought issued by a competent authority in, and in force in accordance
with the law of, a country other than Australia;
(b) has complied with the minimum conditions
required under the Convention and with such other requirements as CASA
specifies; and
(c) does not suffer from any disability likely
to affect his or her technical skill or judgment;
CASA may, for the purposes of this regulation, treat the person as
if he or she were a qualified person.
31A CASA
may specify activities relating to categories
In Civil Aviation Orders, CASA may specify:
(a) the activities; and
(b) the parts of an aircraft or the aircraft
components;
covered by a category referred to in subregulation 31 (1).
31B Classification
of a category into ratings
In Civil Aviation
Orders, CASA may:
(a) classify a category referred to in
subregulation 31 (1) into ratings; and
(b) specify:
(i) the activities; and
(ii) the type or category of aircraft,
the parts of an aircraft or the aircraft components;
covered by a rating.
31C Endorsement
of a rating on an aircraft maintenance engineer licence
When issuing an aircraft maintenance engineer
licence to an applicant, CASA may endorse it with a rating referred to in
regulation 31B if the applicant has:
(a) passed the examinations; and
(b) produced the evidence of his or her
qualifications and practical experience;
that are applicable to the rating, and that CASA directs in Civil
Aviation Orders or otherwise in writing.
31D Changes
to an aircraft maintenance engineer licence
(1) The holder of an aircraft maintenance
engineer licence may, in writing, request CASA to approve a proposed change to
any of the particulars specified in the licence, including the category or
rating endorsed on the licence.
(2) The request must provide details of
the proposed change.
(3) Subject to regulation 32B, CASA may
approve the change by endorsing the change on the licence.
(4) If CASA approves the change, the approval
takes effect from when the change is endorsed on the licence.
32 Period
of operation of certificates and licences
CASA may specify in a certificate of approval or in
an aircraft maintenance engineer licence the period during which the
certificate or the licence, as the case may be, is to remain in force.
32A Renewal
of an aircraft maintenance engineer licence
(1) If a period is specified in an
aircraft maintenance engineer licence under regulation 32, the holder of the
licence may, before the licence expires, apply to CASA for renewal of the
licence.
(2) An applicant must return the licence
to CASA.
(3) Subject to regulation 32B, CASA may renew the
licence by endorsing on the licence the period during which the renewal has
effect.
32B Requirements
for renewal or change to an aircraft maintenance engineer licence
An applicant for renewal of an aircraft maintenance
engineer licence or approval of a change to a licence must, before the licence
is renewed or the change to the licence is approved:
(a) pass the examinations; and
(b) produce the evidence of his or her practical
experience and qualifications;
that CASA directs in Civil Aviation Orders or otherwise in writing.
33 Testing
of competency of holder of licence or authority
(1) CASA may, at any time, require the
holder of an aircraft maintenance engineer licence, an airworthiness authority
or an aircraft welding authority to undergo an examination designed to test his
or her competency as such a holder.
(2) An authorised
person may, at any time, inspect an aircraft or aircraft component for the
purpose of ascertaining the competence and diligence of the holder of an
aircraft maintenance engineer licence, an airworthiness authority or an
aircraft welding authority.
33A Notice
of decisions
(1) This
regulation applies where a person:
(a) applies for a certificate of approval or an
aircraft maintenance engineer licence; or
(b) requests approval of a proposed change to a
certificate of approval.
(2) CASA must, in writing, notify the person of its
decision in relation to the application or request.
(3) If CASA decides not to grant the certificate
or licence, or not to approve the change, CASA must include in the notice a
statement of the reasons for the decision.
33B Airworthiness
authorities
(1) CASA may, in writing and in accordance with
the Civil Aviation Orders, issue authorities of the following kinds:
(a) authorities to carry out maintenance on
aircraft;
(c) authorities to conduct examinations required
to be passed for the issue of aircraft maintenance engineer licences;
(d) authorities to conduct non‑destructive
testing of aircraft and aircraft components;
(e) authorities to weigh aircraft and determine
the centre of gravity of each aircraft for the purpose of determining
requirements to control the centre of gravity during operation.
(2) An airworthiness authority may be issued subject to
conditions specified in the airworthiness authority, in Civil Aviation Orders
or in both.
(3) If an
airworthiness authority is issued subject to a condition in Civil Aviation
Orders CASA must, in writing, notify the holder of the authority of the
relevant Part or section of the Civil Aviation Orders in which the condition is
specified.
(4) A person must not contravene a
condition to which an airworthiness authority is subject.
Penalty: 50 penalty units.
(5) An offence against subregulation (4) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(6) It is a defence to a prosecution under subregulation (4)
if the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (6) (see subsection
13.3 (3) of the Criminal Code).
33C Application
for aircraft welding authority
(1) A person may apply to CASA for an
aircraft welding authority to carry out manual welding of a type, and on a
parent metal group, mentioned in regulation 29A.
(2) An application must identify the type
of manual welding and the parent metal group to which the application relates.
33D Grant
of aircraft welding authority
(1) CASA may grant an application for an
aircraft welding authority if, and only if, satisfied that:
(a) the applicant:
(i) has passed the aircraft welding
examinations that CASA considers necessary in the interests of the safety of
air navigation; and
(ii) has successfully completed welding
training in the type of manual welding on the parent metal group to which the
application relates; or
(b) the applicant
holds a current qualification, issued by the Defence Force or a recognised
authority, authorising the applicant to carry out manual welding for
aeronautical purposes.
(2) Subject to this regulation, if an
application is made for more than 1 type of manual welding and parent metal
group, CASA may grant the application in respect of some of the types of manual
welding and parent metal groups and refuse it in respect of others.
(3) CASA must not grant an application if
satisfied, on reasonable grounds, that the applicant has knowingly or
recklessly made a statement that is false or misleading in a material
particular in relation to the application.
(5) CASA must not grant an aircraft
welding authority except under this regulation.
(6) If CASA grants an aircraft welding authority,
it must:
(a) note the relevant type of manual welding and
parent metal group on the authority; and
(b) specify in the authority a period not longer
than 2 years for which the authority is to remain in force.
(7) In this regulation:
recognised authority means an authority declared
to be a recognised authority under regulation 33E.
33E Recognised
authorities
(1) For the purposes of regulation 33D,
CASA may, in writing, declare an authority of a foreign country which issues
qualifications for aeronautical purposes to be a recognised authority.
(2) A declaration must be published in the Gazette
within 21 days after it is made.
33F Duration
of aircraft welding authority
(1) Unless
sooner suspended or cancelled, an aircraft welding authority remains in force:
(a) for the period specified in it; or
(b) if it has been renewed — until the end
of the last period of renewal.
(2) If an aircraft welding authority is cancelled, its
holder must return it to CASA within 7 days after the cancellation.
Penalty: 5 penalty
units.
(3) An offence against
subregulation (2) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4) It is a defence to a prosecution under
subregulation (2) if the defendant returned the aircraft welding authority
to CASA as soon as practicable.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (4) (see subsection
13.3 (3) of the Criminal Code).
33G Renewal
of aircraft welding authority
(1) The holder of an aircraft welding authority
may apply to CASA for renewal of the authority within 3 months before the
authority stops being in force.
(2) An application must have with it the
aircraft welding authority.
(3) CASA may renew an aircraft welding
authority for a period not longer than 2 years if, and only if, satisfied that
the applicant has passed the aircraft welding examinations that CASA considers
necessary in the interests of the safety of air navigation.
(4) CASA must not grant an application for
renewal if satisfied, on reasonable grounds, that the applicant has knowingly
or recklessly made a false or misleading statement in relation to the
application.
(6) CASA must not renew an aircraft welding
authority except under this regulation.
(7) If CASA renews an aircraft welding authority:
(a) it must note on the authority the period of
the renewal; and
(b) return the authority to the holder as soon as
practicable after the renewal.
(8) If an application is not decided before the
aircraft welding authority to which it relates would, but for this
subregulation, stop being in force, the authority is taken to be in force until
the day the application is decided.
33H Changes
to aircraft welding authority
(1) The holder of an aircraft welding
authority may request CASA to approve a proposed change to any of the
particulars set out in the authority.
(2) A request must:
(a) be in the approved form; and
(b) have with it the aircraft welding authority.
(3) Subject to subregulation (4), CASA may
approve the change if satisfied that the change will not have an adverse effect
on the safety of air navigation.
(4) If the change involves adding a type
of manual welding or parent metal group, CASA may approve the change if, and
only if, satisfied that the holder:
(a) has passed the aircraft welding examinations
that CASA considers necessary in the interests of the safety of air navigation;
and
(b) has successfully completed welding training
in the type of manual welding on the parent metal group to which the request
relates.
(5) CASA must not approve a request for a
change if satisfied, on reasonable grounds, that the holder has knowingly or
recklessly made a false or misleading statement in relation to the request.
(7) CASA
must not approve a change except under this regulation.
(8) If CASA approves a change to an
aircraft welding authority, it must note the change on the authority.
(9) CASA must return an aircraft welding
authority to its holder as soon as practicable after a request to approve a
change is decided.
(10) A
change:
(a) has no effect unless approved; and
(b) takes effect on the date of approval.
33I Conditions
of aircraft welding authority
(1) An aircraft welding authority is
subject to any conditions that CASA considers necessary to impose in the
interests of the safety of air navigation.
(2) A condition must be set out in the
aircraft welding authority.
(3) The holder of an aircraft welding
authority must not contravene a condition set out in the authority.
Penalty: 50 penalty units.
(4) An offence against subregulation (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(5) It is a defence to a prosecution under
subregulation (3) if the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (5) (see subsection
13.3 (3) of the Criminal Code).
Division 4 Miscellaneous
34 Systems
of certification of completion of activities other than maintenance
(1) CASA may give a direction to the
holder of a certificate of approval covering activities, other than the
maintenance of aircraft, aircraft components or aircraft materials, requiring
the holder to submit to CASA a proposed system of certification of the
completion of stages of the activities to which the certificate of approval
relates.
(2) Where a person submits a proposed
system of certification under subregulation (1), CASA may approve the proposed
system, with or without modifications, and direct the person to institute the
system as so approved.
(3) CASA may give a direction to a person
referred to in subregulation (1) requiring him or her, in carrying out any
activities to which the certificate of approval relates, to institute such
system of certification of the completion of stages of those activities as CASA
specifies in the direction.
(3A) A person must not contravene a direction
under subregulation (1), (2) or (3).
Penalty: 25 penalty units.
(3B) An offence against subregulation (3A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3C) It is a defence to a prosecution under
subregulation (3A) if the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (3C) (see subsection
13.3 (3) of the Criminal Code).
(4) A direction given under this
regulation does not have effect in relation to a person until it has been
served on the person.
(5) A
person to whom a direction under this regulation has been given shall not fail:
(a) to comply with the requirements of a system
of certification instituted by that person in accordance with the direction, in
so far as those requirements apply in relation to that person; or
(b) to take all steps reasonably required to
ensure that persons in his or her employ or working under an arrangement with
him or her comply with the requirements of a system instituted by him or her in
accordance with the direction in so far as those requirements apply in relation
to them.
Penalty: 50 penalty units.
(6) An offence against subregulation (5) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
35 Approval
of design of modification or repair
(1) A person may apply to CASA or an
authorised person for approval of the design of a modification or repair of:
(a) an aircraft or aircraft included in a type
of aircraft; or
(b) an aircraft component or aircraft components
included in a type of aircraft component.
(2) Where an applicant under subregulation
(1):
(a) furnishes to CASA or the authorised person
such evidence relating to the design to which the application relates
(including evidence of the effect of the design on the safety of an aircraft)
as CASA or the authorised person requires; and
(b) satisfies CASA or the authorised person that
the design conforms with any relevant design standard in respect of the type of
aircraft or aircraft component to which the application relates;
CASA or the authorised person shall give approval to the design.
(3) Where
CASA or an authorised person, in considering an application for approval of a
design of a modification or repair under subregulation (1), is not satisfied
that the design will not affect the safety of an aircraft, CASA or the
authorised person may, if the applicant so requests, authorise:
(a) the making of the modification or repair to
a particular aircraft; or
(b) the making of the modification or repair to a
particular aircraft component and the fitting of that aircraft component to a
particular aircraft;
as the case may be, with a view to an application being made under
regulation 21.192 of CASR for permission to test the aircraft in flight to
discover whether or not the making of the modification or repair has adversely
affected the safety of the aircraft.
(4) An authorisation under subregulation
(3) shall be in writing and shall include a statement that the authorisation is
given for the purpose of testing the aircraft to which the modification or
repair is to be made or to which the aircraft component concerned is to be
fitted, as the case may be.
(5) For the purpose of carrying out
maintenance in accordance with an authority given under subregulation (3), the
design of the modification or repair concerned shall be deemed to have been approved
under subregulation (2).
(6) Where:
(a) the results of a test referred to in
subregulation (3) are furnished to CASA or to an authorised person; and
(b) having regard to those results, CASA or the
authorised person is satisfied that the design concerned will not adversely
affect the safety of an aircraft;
CASA or the authorised person, as the case may be, shall give
approval to the design.
(7) CASA or an authorised person may, for
the purpose of ensuring the safety of air navigation, include in an approval
given under this regulation a requirement that a specified thing to be done in
accordance with the design is to be done by a specified person or by a person
included in a specified class of persons, being a person permitted by
regulation 42ZC to carry out maintenance on an Australian aircraft or an
employee of the person.
(7A) A person must not contravene a
requirement included in an approval.
Penalty: 50 penalty units.
(8) An offence against subregulation (7A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(9) It is a defence to a prosecution under
subregulation (7A) if the defendant had a reasonable excuse.
Note A defendant bears an evidential
burden in relation to the matter in subregulation (9) (see subsection
13.3 (3) of the Criminal Code).
36 Approval
of aircraft components for use as replacements
(1) A person may apply to CASA or an
authorised person for approval of an aircraft component, or of aircraft
components included in a type of aircraft component, as a replacement for
another aircraft component or aircraft components included in another type of
aircraft component.
(2) Where an applicant under subregulation
(1):
(a) furnishes to CASA or the authorised person
such evidence relating to the suitability of an aircraft component to which the
application relates for use as a replacement as set out in the application as
CASA or the authorised person requires; and
(b) satisfies CASA or the authorised person that
the design of any such aircraft component conforms with any design standard in
force under regulation 21A in respect of any aircraft component for which the
first‑mentioned aircraft component is intended to be a replacement;
CASA or the authorised person shall approve the aircraft component,
or aircraft components included in a type of aircraft components, to which the
application relates for use as a replacement as set out in the application.
(3) Where CASA or an authorised person, in
considering an application under subregulation (1) for approval of the use of
an aircraft component as a replacement as set out in the application is not
satisfied that that use will not affect the safety of an aircraft, CASA or the
authorised person may, if the applicant so requests, authorise the fitting to a
particular aircraft of an aircraft component as a replacement as set out in the
application with a view to an application being made under regulation 21.192 of
CASR for permission to test the aircraft in flight to discover whether or not
the use of that aircraft component has adversely affected the safety of the
aircraft.
(4) An authorisation under subregulation
(3) shall be in writing and shall include a statement that the authorisation is
given for the purpose of testing the aircraft to which the aircraft component
concerned is to be fitted.
(5) For the purpose of carrying out
maintenance in accordance with an authority given under subregulation (3), the
use of the aircraft component concerned as a replacement shall be deemed to have
been approved under subregulation (2).
(6) Where:
(a) the results of a test referred to in
subregulation (3) are furnished to CASA or to an authorised person; and
(b) having regard to those results, CASA or the
authorised person is satisfied that the replacement concerned will not
adversely affect the safety of an aircraft;
CASA or the authorised person, as the case may be, shall approve
the aircraft component, or aircraft components included in the type of aircraft
components, to which the application relates for use as a replacement as set
out in the application.
36A Use
of aircraft material in the maintenance, servicing and operation of Australian
aircraft
(1) This regulation applies to a person
who is the holder of the certificate of registration for, or the operator or
pilot in command of, an Australian aircraft where the aircraft’s flight manual
or approved maintenance data, or a direction under subregulation (2), requires
the use of aircraft material of an identified specification for a particular
purpose connected with the maintenance, servicing or operation of the aircraft.
(2) CASA may, for the purposes of this
regulation, give written directions requiring the use of aircraft materials of
identified specifications for particular purposes connected with the
maintenance, servicing or operation of Australian aircraft.
(3) The person must not use, or permit the use of,
aircraft material for that purpose if the aircraft material does not conform to
the specification.
Penalty: 50 penalty units.
(3A) The person must not
use, or permit the use of, aircraft material for that purpose if CASA or an
authorised person has not approved the use of the aircraft material for that
purpose.
Penalty: 50 penalty units.
(3B) An offence against subregulation (3) or (3A) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4) If the person is charged with an
offence against subregulation (3) of using, or permitting the use of, a
substance that does not conform to the specification, it is a defence if the
person proves that:
(a) the substance was supplied to the person by
another person who represented the substance as being an aircraft material
conforming to the specification; and
(b) the person reasonably relied on that
representation.
37 Permissible
unserviceabilities
(1) CASA may, for the purposes of these
regulations, approve a defect in, or damage to, an Australian aircraft, or any
aircraft included in a class of aircraft, as a permissible unserviceability in
relation to the aircraft or to Australian aircraft included in the class of
aircraft, as the case may be.
(2) CASA
may, for the purpose of ensuring the safety of air navigation, direct that the
use of an Australian aircraft with a permissible unserviceability is subject to
such conditions as are set out in the direction.
(2A) A person must comply with a condition
set out in a direction.
Penalty: 50 penalty units.
(2B) An offence against subregulation (2A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) A direction given under subregulation
(2) does not have effect in relation to a person until it has been served on
the person.
Part 4A Maintenance
Division 1 Maintenance directions by CASA
38 Maintenance
directions
(1) CASA may give directions relating to
the maintenance of Australian aircraft for the purpose of ensuring the safety
of air navigation.
(2) A direction is not binding on a person unless
it has been served on the person.
(3) A person must not contravene a
direction that is binding on the person.
Penalty: 50 penalty units.
(4) If a direction relating to an aircraft
is binding on the holder of the certificate of registration for the aircraft,
the holder must take reasonable steps to ensure the direction is brought to the
attention of any person who is likely to fly, or issue a maintenance release
for, the aircraft.
Penalty: 50 penalty units.
(5) An offence against subregulation (3) or (4) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 2 Maintenance for which holder of certificate of registration
responsible
Subdivision 1 Class A aircraft
39 Maintenance
required by approved system of maintenance
(1) The holder of the certificate of
registration for a class A aircraft must ensure that all maintenance required
to be carried out on the aircraft (including any aircraft components from time
to time included in or fitted to the aircraft) by the aircraft’s approved system
of maintenance is carried out when required by that system.
Penalty: 50 penalty units.
(2) A person must not use a class A aircraft in an
operation if there is not an approved system of maintenance for the aircraft
that includes provision for the maintenance of all aircraft components from
time to time included in, or fitted to, the aircraft.
Penalty: 50 penalty
units.
Note A system of maintenance is approved
under regulation 42M.
(3) An offence against subregulation (1) or (2) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
40 Defective
or inappropriate systems of maintenance
If the approved system of maintenance for a class A
aircraft is:
(a) no longer appropriate; or
(b) defective;
within 7 days of becoming aware of the inappropriate aspect or the
defect, the holder of the certificate of registration for the aircraft must
make a request under regulation 42P for CASA or an authorised person to approve
changes to the system to ensure that it is appropriate and not defective.
Penalty: 25 penalty
units.
Subdivision 2 Class B aircraft
41 Maintenance
schedule and maintenance instructions
(1) The holder of the certificate of
registration for a class B aircraft must ensure that all maintenance required
to be carried out on the aircraft (including any aircraft components from time
to time included in or fitted to the aircraft) by the aircraft’s maintenance
schedule is carried out when required by that schedule.
Penalty: 50 penalty units.
(2) A person must not use a class B aircraft in an
operation if there is not a maintenance schedule for the aircraft that includes
provision for the maintenance of all aircraft components from time to time
included in, or fitted to, the aircraft.
Penalty: 50 penalty
units.
(3) An offence against subregulation (1) or (2) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42 Defective
or inappropriate maintenance schedule
If the maintenance schedule for a class B aircraft
is defective or no longer appropriate, the holder of the certificate of
registration for the aircraft, within 7 days after becoming aware of the
defect, or that the schedule is inappropriate, must report the situation to
CASA and take one of the following actions to ensure that the aircraft has a
maintenance schedule that is appropriate and not defective:
(a) if the aircraft’s maintenance schedule is
the manufacturer’s maintenance schedule:
(i) elect to use the CASA maintenance
schedule as the aircraft’s maintenance schedule; or
(ii) under regulation 42J, request CASA
or an authorised person to approve a system of maintenance for the aircraft;
(b) if the aircraft’s maintenance schedule is the
CASA maintenance schedule:
(i) elect to use the manufacturer’s
maintenance schedule as the maintenance schedule for the aircraft; or
(ii) under regulation 42J, request CASA
or an authorised person to approve a system of maintenance for the aircraft;
(c) if the aircraft’s maintenance schedule is an
approved system of maintenance:
(i) under regulation 42P, request CASA
to approve a proposed change to the system; or
(ii) elect to use the manufacturer’s
maintenance schedule as the maintenance schedule for the aircraft; or
(iii) elect
to use the CASA maintenance schedule as the maintenance schedule for the
aircraft.
Penalty: 25 penalty units.
42A Maintenance
schedule: manufacturer’s maintenance schedule
(1) Subject to subregulations (2), (3),
(4) and (5), if:
(a) the holder of the certificate of registration
for a class B aircraft has elected to use a manufacturer’s maintenance schedule
for the aircraft’s maintenance; and
(b) the election is in force; and
(c) use of the manufacturer’s maintenance
schedule for the aircraft’s maintenance is not prohibited by a declaration
under subregulation (6);
the aircraft’s maintenance schedule is the manufacturer’s
maintenance schedule as in force from time to time.
(2) If CASA thinks that a manufacturer’s
maintenance schedule should not, alone, be used as an aircraft’s maintenance
schedule because the manufacturer’s maintenance schedule is deficient in a
particular respect, the following provisions have effect:
(a) CASA may, for the purpose of remedying the
deficiency, do either or both of the following:
(i) give directions under
subregulation 38 (1) to be complied with in relation to aircraft in addition to
the requirements of the manufacturer’s maintenance schedule;
(ii) give directions under
subregulation 38 (1) requiring the holders of certificates of registration for
aircraft to prepare documents to be complied with in relation to aircraft in
addition to the requirements of the manufacturer’s maintenance schedule;
(b) if an election to use the manufacturer’s
maintenance schedule as an aircraft’s maintenance schedule is in force:
(i) any directions under subparagraph
(a) (i) in force in relation to the manufacturer’s maintenance schedule are to
be taken to form part of the aircraft’s maintenance schedule and the election
has effect accordingly; and
(ii) any documents prepared because of
a direction under subparagraph (a) (ii) in force in relation to the
manufacturer’s maintenance schedule are to be taken to form part of the
aircraft’s maintenance schedule and the election has effect accordingly.
(3) If:
(a) a person has elected to use a manufacturer’s
maintenance schedule for an aircraft’s maintenance; and
(b) either:
(i) the aircraft has been modified or
repaired; or
(ii) an aircraft component included in,
or fitted to, the aircraft has been modified or repaired;
all instructions for the continued airworthiness of the aircraft,
or of the component, as the case requires, issued by the designer of the
modification or repair are to be taken to form part of the manufacturer’s
maintenance schedule and the election has effect accordingly.
(4) If a person has elected to use a
manufacturer’s maintenance schedule for an aircraft’s maintenance, all
instructions issued by the manufacturers of aircraft components permanently, or
from time to time, included in, or fitted to, the aircraft, being instructions
for the continued airworthiness of the components, are to be taken to form part
of the manufacturer’s maintenance schedule and the election has effect
accordingly.
(5) If:
(a) a person has elected to use a manufacturer’s
maintenance schedule for an aircraft’s maintenance; and
(b) the manufacturer’s maintenance schedule does
not include provisions equivalent to the sections of the CASA maintenance
schedule that deal with the maintenance of electrical, instrument and radio
systems;
those sections of the CASA maintenance schedule are to be taken to
form part of the manufacturer’s maintenance schedule and the election has
effect accordingly.
(6) CASA may, for the purpose of ensuring
the safety of air navigation, declare in writing that a manufacturer’s
maintenance schedule that CASA thinks is inadequate must not be used as an
aircraft’s maintenance schedule.
42B Maintenance
schedule: CASA maintenance schedule
(1) Subject to subregulation (2), if:
(a) the holder of the certificate of
registration for a class B aircraft that is an aeroplane has elected to use the
CASA maintenance schedule for the aircraft’s maintenance; and
(b) the election is in force;
the aircraft’s maintenance schedule is the CASA maintenance schedule.
(2) If:
(a) a person has elected to use the CASA
maintenance schedule for an aircraft’s maintenance; and
(b) a turbine
engine is included in the aircraft;
all instructions issued by the manufacturer of the engine for the
continued airworthiness of the engine are to be taken to form part of the CASA
maintenance schedule and the election has effect accordingly.
42C Maintenance
schedule: approved system of maintenance
If:
(a) CASA or an authorised person has approved a
system of maintenance for a class B aircraft under regulation 42M; and
(b) the approval is in force;
the aircraft’s maintenance schedule is the approved system of
maintenance.
42CA Maintenance
schedule — primary, intermediate, restricted or limited category aircraft
(1) The maintenance schedule for a class B aircraft
certificated under subpart 21.B or 21.H of Part 21 of CASR in the primary,
intermediate, restricted or limited category (except an aircraft mentioned in
subparagraph 21.189 (1) (a) (ii) of CASR) is the approved maintenance schedule
developed in consultation with CASA during the certification process.
(2) The maintenance schedule for an aircraft mentioned
in subparagraph 21.189 (1) (a) (ii) of CASR is the approved maintenance
schedule developed, in consultation with CASA, by the applicant for the special
certificate of airworthiness for the aircraft under regulation 21.189 of CASR.
(3) For this regulation, an aircraft is
certificated in a particular category if it was manufactured in accordance with
a type certificate in the category, or if a certificate of airworthiness in the
category is in force for the aircraft.
42CB Maintenance —
experimental aircraft
The holder of the certificate of
registration for a class B aircraft that is an experimental aircraft must
maintain the aircraft in accordance with any conditions to which the
certificate is subject under regulation 21.195A of CASR.
42D Can
there be more than one maintenance schedule?
If, apart from this regulation, there would be more
than one maintenance schedule for an aircraft, the maintenance schedule for the
aircraft is:
(a) if:
(i) CASA has approved a system of
maintenance for the aircraft under regulation 42M; and
(ii) the system was submitted for
approval because of a direction by CASA; and
(iii) the approval is still in force;
that approved system of maintenance; and
(b) in any other case — the maintenance
schedule that the holder of the certificate of registration for the aircraft
has most recently elected to use, or that CASA has most recently approved, as
the case may be.
42E Elections
(1) An election made for the purposes of
subregulation 42A (1) or 42B (1) must be made by completing the appropriate
approved form and giving it to CASA.
(2) An election stops being in force if
the person who made it revokes it by written notice given to CASA.
42F Effect
of change of holder of certificate of registration
If there is a change of holder of the certificate
of registration for a class B aircraft, an election under subregulation 42A (1)
or 42B (1) that was in force immediately before the change has effect
(including for the purposes of subregulation 42E (2)) after the change as if it
had been made by the new holder.
Subdivision 3 Miscellaneous
42G Flight
control system: additional requirements
(1) This regulation sets out the
additional requirements to be complied with if any part of the flight control
system of an Australian aircraft is assembled, adjusted, repaired, modified or
replaced in the course of carrying out maintenance on the aircraft.
(2) Subject to subregulation (4), the
system must:
(a) be inspected by the person who carried out
the assembly, adjustment, repair, modification or replacement; and
(b) be independently inspected by another person
who is an appropriate person within the meaning of subregulation (5).
(3) A person carrying out an inspection
must:
(a) check that the assembly, adjustment, repair,
modification or replacement was carried out in accordance with the aircraft’s
approved maintenance data; and
(b) check that the system functions correctly.
(4) In spite of subregulation (2), if:
(a) optional dual controls were connected or
disconnected without using tools; and
(b) no other part of the flight control system
was assembled, adjusted, repaired, modified or replaced;
the system does not have to be independently inspected.
(5) For the purposes of this regulation, a
person is an appropriate person if:
(a) the person holds an aircraft maintenance
engineer licence or an airworthiness authority covering maintenance of a type
that includes the inspection; or
(b) the person is the holder of a pilot licence
(not being a student pilot licence) that is valid for the aircraft; or
(c) the person is the holder of a flight
engineer licence that is valid for the aircraft; or
(d) the person is authorised by CASA or an
authorised person under subregulation (6) to carry out the inspection and the
inspection is carried out in accordance with any conditions subject to which
the authorisation was given; or
(e) in relation to an independent inspection
performed overseas — the person is a person referred to in paragraph 42ZN
(a).
(6) CASA or an authorised person may, in
writing, authorise a person for the purposes of paragraph (5) (d).
(7) An authorisation is subject to any
conditions that:
(a) CASA or the authorised person, as the case
may be, considers are necessary in the interests of the safety of air
navigation; and
(b) are included in the authorisation.
42H Exemptions
and variations
This Division has effect subject to Division 7
(‘Exemptions from, and variations of, requirements’).
Division 3 Approved systems of maintenance
42J System
of maintenance: request for approval
(1) The holder of the certificate of
registration for an Australian aircraft may, in writing, request CASA or an
authorised person to approve a system of maintenance for the aircraft.
(2) The request must be accompanied by a
copy of the system.
42K System
of maintenance: submission to CASA
CASA may, under regulation 38, direct the holder of
the certificate of registration for a class B aircraft:
(a) to develop a system of maintenance for the
aircraft; and
(b) to submit the proposed system to CASA for
approval.
42L System
of maintenance: matters to be included
A system of maintenance for an aircraft must
include:
(a) a schedule that:
(i) sets out the regular maintenance
inspections, tests and checks to be carried out on the aircraft; and
(ii) sets out when those maintenance
inspections, tests and checks are to be carried out; and
(iii) nominates one of the maintenance
inspections referred to in subparagraph (i) as the inspection to be carried out
for the purposes of determining whether a maintenance release should be issued
for the aircraft; and
(b) a schedule that sets out the inspection to be
carried out on the aircraft if it has been struck by lightning and when that
inspection is to be carried out; and
(c) a schedule that sets out the inspection to
be carried out on the aircraft if abnormal flight or ground loads have been
imposed on the aircraft; and
(d) a schedule that sets out the time‑lifed
aircraft components included in the aircraft and when each of those components
is to be retired, overhauled or removed; and
(e) a schedule that sets out the procedures to
be followed in carrying out the inspections, tests and checks required by the
system of maintenance; and
(f) if permissible unserviceabilities have been
approved for the aircraft under subregulation 37 (1) in the form of a minimum
equipment list — that list; and
(g) a statement that sets out:
(i) the name of the holder of the
certificate of registration for the aircraft; and
(ii) the type, model and registration
mark of the aircraft.
42M System
of maintenance: approval
(1) If:
(a) CASA or an authorised person receives a
request for approval of a system of maintenance; and
(b) CASA or the
authorised person is satisfied that:
(i) the system includes the matters
set out in regulation 42L; and
(ii) the system adequately provides for
the continued airworthiness of the aircraft;
CASA or the authorised person must approve the system.
(2) If, because of a direction of a kind
referred to in regulation 42K, the holder of the certificate of registration
for an aircraft submits a system of maintenance to CASA, the following
provisions have effect:
(a) if CASA is satisfied that:
(i) the system includes the matters
set out in regulation 42L; and
(ii) the system satisfies the
requirements of the direction; and
(iii) the system adequately provides
for the continued airworthiness of the aircraft;
CASA must approve the system;
(b) if CASA is not satisfied as mentioned in
paragraph (a), CASA may:
(i) modify the system so that CASA is
so satisfied and approve the modified system; or
(ii) refuse to approve the system.
(3) In deciding whether a system of maintenance
adequately provides for the continued airworthiness of an aircraft, CASA or the
authorised person must have regard to:
(a) if the system of maintenance relates to a
class A aircraft — the manufacturer’s maintenance schedule and any
inspection programs or documents issued by the manufacturer; and
(b) if the system of maintenance relates to a
class B aircraft — the manufacturer’s maintenance schedule and the CASA
maintenance schedule.
(4) CASA or
the authorised person must, in writing, notify the holder of the certificate of
registration for the aircraft concerned of CASA’s, or the authorised person’s,
decision in relation to the system submitted.
(5) If CASA or the authorised person
decides:
(a) not to approve the system of maintenance; or
(b) to modify the system of maintenance;
CASA or the authorised person must include in the notice required
by subregulation (4) a statement of the reasons for that decision.
42N When
approval is effective
(1) If CASA or an authorised person
approves a system of maintenance, the approval has effect from when notice of
the approval is given to the holder of the certificate of registration for the
aircraft concerned.
(2) An approval of a system of maintenance
approved because of a request under regulation 42J stops being in force if:
(a) CASA revokes the approval by written notice
given to the holder of the certificate of registration for the aircraft
concerned; or
(b) the holder of the certificate of registration
for the aircraft concerned gives CASA or an authorised person written notice
that the holder no longer wants the approved system to apply to the aircraft.
(3) An approval of a system of maintenance
submitted because of a direction of a kind referred to in regulation 42K stops
being in force if CASA revokes the approval by written notice given to the
holder of the certificate of registration for the aircraft concerned.
(4) CASA must not revoke an approval of a
system of maintenance unless CASA thinks it is necessary to do so for the
purpose of ensuring the safety of air navigation.
42P Request
for approval of changes
(1) The holder of the certificate of
registration for an aircraft for which there is an approved system of
maintenance may, in writing, request CASA or an authorised person to approve a
proposed change to the system.
(2) The request must be accompanied by a
copy of the proposed change.
42Q CASA
may direct changes
CASA may, under regulation 38, direct the holder of
the certificate of registration for an aircraft for which there is an approved
system of maintenance:
(a) to make:
(i) a specified change to the system;
or
(ii) a change to the system that will
correct a specified deficiency in the system; and
(b) to submit the proposed change to CASA or an
authorised person for approval.
42R Approval
of changes
(1) If:
(a) CASA or an authorised person receives a
request for approval of a change to an approved system of maintenance; and
(b) CASA or the authorised person is satisfied
that the system, as proposed to be changed, would:
(i) include the matters set out in
regulation 42L; and
(ii) adequately provide for the
continued airworthiness of the aircraft;
CASA or the authorised person must approve the change.
(2) If, because of a direction of a kind
referred to in regulation 42Q, the holder of the certificate of registration
for an aircraft submits a proposed change to an approved system of maintenance
to CASA, the following provisions have effect:
(a) if CASA is satisfied:
(i) if the direction was for a
specified change to be made — the change has been made; and
(ii) if the direction was for a change
to correct a specified deficiency in the system — the deficiency would be
corrected by the change; and
(iii) that the system, as proposed to
be amended, would:
(A) include the matters set
out in regulation 42L; and
(B) adequately provide for
the continued airworthiness of the aircraft;
CASA must approve the change;
(b) if CASA is not satisfied as mentioned in
paragraph (a), CASA may:
(i) modify the change so that CASA is
so satisfied and approve the modified change; or
(ii) refuse to approve the change.
(3) In deciding whether a system of
maintenance as proposed to be changed would adequately provide for the
continued airworthiness of an aircraft, CASA or the authorised person must have
regard to:
(a) if the system of maintenance relates to a
class A aircraft — the manufacturer’s maintenance schedule and any
inspection programs or documents issued by the manufacturer; and
(b) if the system of maintenance relates to a
class B aircraft — the manufacturer’s maintenance schedule and the CASA
maintenance schedule.
(4) CASA or the authorised person must, in
writing, notify the holder of the certificate of registration for the aircraft
concerned of CASA’s, or the authorised person’s, decision in relation to the
change submitted.
(5) If CASA or the authorised person
decides:
(a) not to approve the change; or
(b) to modify the
change;
CASA or the authorised person must include in the notice required
by subregulation (4) a statement of the reasons for that decision.
42S When
approval of a change is effective
If CASA or an authorised person approves a change
to an approved system of maintenance, the approval has effect from when notice
of the approval is given to the holder of the certificate of registration for
the aircraft concerned.
42T All
changes must be approved
A purported change to an approved system of
maintenance has no effect unless it has been approved under regulation 42R and
that approval is in force.
Division 4 How maintenance is to be carried out
42U Modifications
and repairs: approved designs
(1) A person may modify or repair an Australian aircraft
only if:
(a) the design of the modification or repair:
(i) has been approved under regulation
35; or
(ii) has been specified by CASA in, or
by means of,
an airworthiness directive or a direction under regulation 44; or
(iii) is specified in the aircraft’s
approved maintenance data; and
(b) the modification or repair is in accordance
with that design.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42V Maintenance: approved maintenance data
(1) A person carrying out maintenance on
an Australian aircraft must ensure that the maintenance is carried out in
accordance with the applicable provisions of the aircraft’s approved
maintenance data.
Penalty: 50 penalty units.
Note Regulation 2A sets out what is
approved maintenance data for an aircraft.
(2) Subregulation (1) has effect subject
to the requirements of Division 5 (‘Who may carry out maintenance’).
(3) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42W Installation
and use of aircraft components in maintenance — Australian aircraft in
Australian territory
(1) This regulation sets out requirements
to be complied with in relation to the installation and use of aircraft
components in carrying out maintenance on an Australian aircraft in Australian
territory.
(2) Subject to subregulation (3), a person
may replace an aircraft component in the aircraft with another aircraft
component only if:
(a) the replacement component is serviceable;
and
(b) the replacement component:
(i) is identical with the replaced
component; or
(ii) has been approved under regulation
36 as a replacement for the replaced component; or
(iii) is approved for use as a
replacement for the replaced component:
(A) by the manufacturer of
the aircraft or the replaced component; or
(AA) in an Australian Parts
Manufacturer Approval issued under regulation 21.303 of CASR; or
(B) in a Parts Manufacturers
Approval issued by the Federal Aviation Administration of the United States of
America; and
(c) if the replacement component has been
removed or salvaged from another aircraft and has not had maintenance carried
out on it — the replacement component is not damaged and complies with its
manufacturer’s specifications.
Penalty: 50 penalty units.
(3) A person may replace an aircraft
component in the aircraft with another aircraft component that does not satisfy
the requirements of paragraphs (2) (a) and (c) if inclusion of the replacement
component in the aircraft amounts to a permissible unserviceability in the
aircraft.
Note Regulation 37 sets out
requirements relating to permissible unserviceabilities.
(4) Subject to regulations 42Y and 42Z, a person must
not install an aircraft component in an aircraft if each of the following
requirements is not satisfied:
(a) completion of the component, and of any
other component that it incorporates, was certified:
(i) in accordance with regulation 34;
or
(ii) if the component was not
manufactured in Australia — in a way acceptable to CASA;
(b) if the component, or another aircraft
component that is incorporated in it, has had maintenance carried out on
it — completion of the maintenance was certified in accordance with
regulation 42ZE or 42ZN;
(c) if the component, or another aircraft
component that is incorporated in it, has been modified or repaired — the
modification or repair was carried out in accordance with a design that:
(i) was approved under regulation 35;
or
(ii) was specified by CASA in, or by
means of, an airworthiness directive or a direction under regulation 44 or
subregulation 21.176 (2) of CASR; or
(iii) was specified in the component’s,
or the incorporated component’s, approved maintenance data; or
(iv) if the modification or repair was
carried out outside Australian territory — was approved or specified in a
manner that is acceptable to CASA having regard to the safety of air
navigation;
(d) if subregulation (5) applies to the
component, and the component was supplied by another person — the supplier
of the component supplied an authorised release certificate with it and for it;
(e) if the component includes a component to
which subregulation (5) applies, and the included component was supplied by
another person — the supplier of the included component supplied an authorised
release certificate with it and for it.
Penalty: 50 penalty units.
Note Authorised release certificate
means a certificate that complies with regulation 42WA — see the
Dictionary.
(5) This subregulation applies to:
(a) an aircraft component manufactured to
approved data by a manufacturer that holds an approval from CASA or an NAA to
do so; or
(b) an aircraft component that has had
maintenance carried out on it.
(6) An offence against subregulation (2) or (4) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42WA Requirements for authorised release
certificate
(1) The requirements for an authorised release
certificate for an aircraft component are the following:
(a) it has a unique identifying number;
(b) it is issued by, or with the authority or
approval of:
(i) if maintenance has been carried
out on the relevant component — the NAA of the country in which the most
recent maintenance was carried out; or
(ii) if no maintenance has been carried
out on the component — the NAA of the country in which it was
manufactured;
(c) it specifies the NAA that issued it or that
authorised its issue;
(d) it contains at least the following
information about the component (or, if it applies to 2 or more components,
about each of them):
(i) the full name and business address
of the supplier of the component;
(ii) enough information to identify the
contract, work order or invoice related to the supply of the component;
(iii) the component’s name or description,
and part number;
(iv) the types or models of aircraft,
propeller or engine on which the component can be installed (if known to the
body issuing the certificate);
(v) the serial number or batch number
of the component;
(vi) the component’s status (that is,
whether it is manufactured or newly overhauled, or has been inspected, modified
or repaired, or is a prototype) and a statement of any limitations that apply
to it;
(e) if the certificate applies to 2 or more
components, it gives an identifying number for each;
(f) if the certificate applies to 2 or more
components that have the same part number, it states how many of them the
certificate applies to;
(g) it quotes or identifies the authorisation
under which it is issued;
(h) the person who signed it is a proper person
to do so, in accordance with subregulation (2), (3) or (4).
(2) A person is a proper person to sign an authorised
release certificate for a component on which maintenance has been carried out
in Australia if:
(a) he or she is permitted by regulation 42ZC to
carry out the maintenance; and
(b) he or she is employed by, or is working under
an arrangement with, the person who carried out the most recent such
maintenance.
(3) A person is a proper person to sign an authorised
release certificate for a component on which maintenance has been carried out
in a country other than Australia if:
(a) he or she is permitted to carry out the
maintenance by the NAA of the country in which that maintenance was carried
out; and
(b) he or she carried out the most recent such
maintenance, or is employed by, or works under an arrangement with, the person
who did so.
(4) A person is a proper person to sign an authorised
release certificate for a component on which no maintenance has been carried out
if he or she is the manufacturer of the component, or is employed by, or works
under an arrangement with, its manufacturer.
Note A document that complies with
regulation 42WA is an authorised release certificate. Appendix 1 to Civil
Aviation Order 100.16 gives a list of documents issued in foreign
countries that, if completed correctly, will be authorised release
certificates. Civil Aviation Advisory Publication 42W‑1 sets out
documents necessary for the supply of components, parts and material. Also, Civil
Aviation Advisory Publication 42W‑2 explains how to prepare a
certificate. Both the Order and the Advisory Publications are available on
CASA’s website.
42X Use
of aircraft materials in maintenance — Australian aircraft in Australian
territory
(1) A person may use an aircraft material
in an aircraft only if the person satisfies CASA or an authorised person that
the material is suitable for use in the maintenance of the aircraft or the
following requirements are satisfied:
(a) if:
(i) the material was supplied to the
person by another person; and
(ii) the material is not a fuel or
lubricant;
the material was supplied by the other
person with a document that satisfies the requirements of subregulation (2);
(b) if the material has had maintenance carried
out on it — completion of the maintenance was certified in accordance with
regulation 42ZE or 42ZN.
Penalty: 50 penalty units.
(2) A document accompanying the supply of
an aircraft material must:
(a) contain:
(i) a statement that identifies the
material and that includes (if applicable) the specification of the material;
and
(ii) if maintenance has been carried
out on the material — details of the maintenance carried out and the data
used in carrying out the maintenance; and
(b) have been issued by, or with the authority or
approval of:
(i) if maintenance has been carried
out on the material — the aviation authority of the country in which the
most recent maintenance was carried out; or
(ii) if no maintenance has been carried
out on the material — the aviation authority of the country in which the
material was manufactured; and
(c) be signed by:
(i) if maintenance has been carried
out on the material in Australia — a person who is permitted by regulation
42ZC to carry out the maintenance and who is employed by, or is working under
an arrangement with, the person who carried out the most recent maintenance; or
(ii) if
maintenance has been carried out on the material in a country other than
Australia — a person who is permitted to carry out the maintenance by the
aviation authority of the country in which that maintenance was carried out and
who is, is employed by, or is working under an arrangement with, the person who
carried out the most recent maintenance; or
(iii) if no maintenance has been
carried out on the material — a person who is, is employed by, or is
working under an arrangement with, the person who manufactured the material;
and
(d) set out the date on which the person signed
the document.
(3) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42Y Time‑lifed
aircraft components — exemption from supply under cover of document
requirements
If a person satisfies CASA or an authorised person
that there is a complete record of the airworthiness history of a time‑lifed
aircraft component, the person may install the component in an aircraft even
though the requirements of paragraphs 42W (4) (a) and (b) are not satisfied.
42Z Removable
items of radiocommunications equipment in VFR aircraft — exemption from
certification requirements
(1) This regulation applies to an
aircraft:
(a) that has a flight manual; and
(b) that is not, in that manual, approved for use
in IFR flight.
(2) Subject to subregulation (3), if:
(a) a removable item of radiocommunications
equipment is installed in an aircraft; and
(b) that item is
removed from the aircraft;
a person may re‑install that item, or install another item of
the same type, in the aircraft even though the requirements of paragraphs 42W
(4) (c) and (d) are not satisfied.
(3) If the person is not the holder of the
certificate of registration for the aircraft, subregulation (2) does not apply
unless the holder has approved the installation of the equipment.
42ZA Use of aircraft
components, aircraft materials etc in maintenance — Australian aircraft
outside Australian territory
(1) This regulation applies to the holder
of the certificate of registration for, or the operator or pilot in command of,
an Australian aircraft while the aircraft is outside Australian territory.
(2) A person to whom this regulation applies must not
use, or permit the use of, an aircraft component, aircraft material or other
thing in connection with the maintenance of the aircraft if:
(a) use of the component, material or thing
would be an offence against these Regulations if the aircraft were in
Australian territory; and
(b) CASA has not approved the use.
Penalty: 50 penalty
units.
(3) An offence against subregulation (2) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42ZB Exemptions
and variations
This Division has effect subject to Division 7
(‘Exemptions from, and variations of, requirements’).
Division 5 Who may carry out maintenance
42ZC Maintenance
on Australian aircraft in Australian territory
(1) The holder of the certificate of registration for,
the operator of, and the pilot in command of, an Australian aircraft must not
authorise or permit any maintenance to be carried out on the aircraft in
Australian territory by a person if the person is not permitted by this
regulation to carry out the maintenance.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) Subject to subregulation (5), a person
may carry out maintenance on a class A aircraft in Australian territory if:
(a) the person:
(i) holds an aircraft maintenance
engineer licence, an airworthiness authority or an aircraft welding authority
covering the maintenance; and
(ii) either:
(A) holds a certificate of
approval covering the maintenance; or
(B) is employed by, or
working under an arrangement with, a person who holds a certificate of approval
covering the maintenance; or
(b) the following
requirements are satisfied:
(i) the person is employed by, or
working under an arrangement with, a person who holds a certificate of approval
covering the maintenance; and
(ii) the maintenance is carried out
under the supervision of a person who holds an aircraft maintenance engineer
licence covering the maintenance and who either:
(A) holds a certificate of
approval covering the maintenance; or
(B) is employed by, or
working under an arrangement with, a person who holds a certificate of approval
covering the maintenance; or
(c) the person is a pilot of the aircraft and is
authorised to carry out the maintenance by the aircraft’s approved system of
maintenance; or
(d) the person is authorised by CASA under
subregulation (6), or an authorised person under subregulation (7), to carry
out the maintenance and the maintenance is carried out in accordance with any
conditions subject to which the authorisation is given.
(4) Subject to subregulation (5), a person
may carry out maintenance on a class B aircraft in Australian territory if:
(a) the person:
(i) holds an aircraft maintenance
engineer licence, an airworthiness authority or an aircraft welding authority
covering the maintenance; and
(ii) either:
(A) holds a certificate of
approval covering the maintenance; or
(B) is employed by, or
working under an arrangement with, a person who holds a certificate of approval
covering the maintenance; or
(b) except where the maintenance is specified in
Schedule 7, the person:
(i) holds an aircraft maintenance
engineer licence, an airworthiness authority or an aircraft welding authority
covering the maintenance; and
(ii) either:
(A) is not an employee; or
(B) is employed by another
person who holds an aircraft maintenance engineer licence, an airworthiness
authority or an aircraft welding authority; or
(c) the person carries out the maintenance under
the supervision of a person who:
(i) holds an aircraft maintenance
engineer licence covering the maintenance; and
(ii) is permitted by paragraph (a) or
(b) to carry out the maintenance; or
(d) the person is the holder of a pilot licence
(not being a student pilot licence) that is valid for the aircraft and the
maintenance is specified in Schedule 8; or
(e) the person is authorised by CASA under
subregulation (6) to carry out the maintenance and the maintenance is carried
out in accordance with any conditions subject to which the authorisation is
given.
(5) In spite of subregulations (3) and
(4), a person may carry out maintenance on an aircraft component, or an
aircraft material, if:
(a) the person is employed by, or working under
an arrangement with, the holder of a certificate of approval that covers the
maintenance; and
(b) in the case of maintenance that is either:
(i) an inspection using a non‑destructive
testing method; or
(ii) manual welding;
the person is authorised by CASA under
subregulation (6) to carry out the maintenance and the maintenance is carried
out in accordance with any conditions subject to which the authorisation is
given.
(6) CASA may, in writing, authorise a
person for the purposes of paragraph (3) (d) or (4) (e) or subregulation (5).
(7) An authorised person may, in writing,
authorise a person for the purposes of paragraph (3) (d).
(8) An authorisation is subject to any
conditions that:
(a) CASA or the authorised person, as the case
may be, considers are necessary in the interests of the safety of air
navigation; and
(b) are included in the authorisation.
(9) For the
purposes of this regulation, an aircraft maintenance engineer licence covers
the maintenance if the licence:
(a) is issued in the category; and
(b) is endorsed with a rating;
that covers the maintenance.
(10) For the purposes of this regulation, an
aircraft welding authority covers maintenance of a particular kind if the
authority is issued for the type of manual welding and the parent metal group
that is appropriate to that kind of maintenance.
42ZD Maintenance on
Australian aircraft outside Australian territory
(1) The holder of the certificate of
registration for, or the operator or pilot in command of, an Australian
aircraft must not authorise or permit any maintenance to be carried out on the
aircraft outside Australian territory by a person if the person is not
permitted by this regulation to carry out maintenance.
Penalty: 25 penalty units.
(1A) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(2) A person may carry out maintenance on
an Australian aircraft outside Australian territory if:
(a) the person would be permitted by regulation
42ZC to carry out the maintenance if the aircraft were in Australian territory;
or
(b) if the aircraft is in a Contracting State —
the person would be permitted under the law of the Contracting State to carry
out the maintenance if the aircraft were registered in the Contracting State;
or
(c) the person is authorised by CASA under
subregulation (3) to carry out the maintenance and the maintenance is carried
out in accordance with any conditions subject to which the authorisation is
given.
(3) CASA may, in writing, authorise a
person for the purposes of paragraph (2) (c).
(4) An authorisation is subject to any
conditions that:
(a) CASA considers are necessary in the
interests of the safety of air navigation; and
(b) are included in the authorisation.
Division 6 Certification of completion of maintenance
Subdivision 1 Maintenance in
Australian territory
42ZE Certification of completion
of maintenance on aircraft in Australian territory
(1) A person who carries out maintenance
on an Australian aircraft in Australian territory must ensure that completion
of the maintenance is certified in accordance with:
(a) if the person has an approved system of
certification of completion of maintenance — that system; or
(b) if paragraph (a) does not apply — the
CASA system of certification of completion of maintenance.
Penalty: 50 penalty units.
(2) For the purposes of this regulation,
maintenance performed by employees of an employer who is the holder of a
certificate of approval, an aircraft maintenance engineer licence or an
airworthiness authority is to be taken to be carried out by the employer and
not by the employees.
(3) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42ZF Request
for approval of system of certification
(1) A
person who is, or who may be, required by regulation 42ZE to ensure completion
of maintenance is certified may, in writing, request CASA to approve a system
of certification of completion of maintenance.
(2) The request must be accompanied by a
copy of the system.
42ZG Approval
of system of certification
(1) If:
(a) CASA receives a request for approval of a
system of certification of completion of maintenance; and
(b) CASA is satisfied that, having regard to the
CASA system of certification of completion of maintenance, the system
adequately provides for certification of the completion of the maintenance;
CASA must approve the system.
(2) CASA must, in writing, notify the
person who requested approval of the system of certification of CASA’s decision
in relation to the system.
(3) If CASA decides not to approve the
system of certification CASA must include in the notice a statement of the
reasons for that decision.
42ZH When
approval is effective
(1) If CASA approves a system of
certification of completion of maintenance, the approval has effect from when
notice of the decision is given to the person who requested approval of the
system.
(2) The approval stops being in force if:
(a) it is revoked by CASA by written notice
given to the person who requested approval of the system; or
(b) the person who requested approval of the
system gives CASA written notice that the person no longer wants to use the
system.
(3) CASA must not revoke an approval of a
system of certification of completion of maintenance unless CASA thinks it is
necessary to do so for the purpose of ensuring the safety of air navigation.
42ZJ Changes
to an approved system of certification
(1) A person who has an approved system of
certification of completion of maintenance may, in writing, request CASA or an
authorised person to approve a proposed change to the system.
(2) The request must be accompanied by a
copy of the proposed change.
(3) If an approved system of certification of completion
of maintenance is:
(a) no longer appropriate; or
(b) defective;
within 7 days of becoming aware of the inappropriate aspect or the
defect, the person who has the approved system of certification of completion
of maintenance must make a request under subregulation (1) for CASA or an
authorised person to approve a proposed change to the system to ensure that it
is appropriate and not defective.
Penalty: 25 penalty
units.
(4) CASA may, under regulation 38, direct
a person who has an approved system of certification of completion of
maintenance:
(a) to make:
(i) a specified change to the system;
or
(ii) a change to the system that will
correct a specified deficiency in the system; and
(b) to submit the proposed change to CASA or an
authorised person for approval.
42ZK Approval
of changes
(1) If:
(a) CASA or an authorised person receives a
request for approval of a change to an approved system of certification of
completion of maintenance; and
(b) CASA or the authorised person is satisfied
that, having regard to the CASA system of certification of completion of
maintenance, the system, as proposed to be changed, would adequately provide
for certification of the completion of the maintenance;
CASA or the authorised person must approve the change.
(2) CASA or the authorised person must, in
writing, notify the person who requested approval of the change of CASA’s or
the authorised person’s decision in relation to the request.
(3) If CASA or the authorised person
decides not to approve the proposed change, CASA or the authorised person must
include in the notice a statement of the reasons for that decision.
42ZL When
approval of a change is effective
If CASA or an authorised person approves a change
to a system of certification of completion of maintenance, the approval has
effect from when notice of the approval is given to the person who requested
approval of the change.
42ZM All
changes must be approved
A purported change to an approved system of
certification of completion of maintenance has no effect unless it has been
approved under subregulation 42ZK (1) and that approval is in force.
Subdivision 2 Maintenance
outside Australian territory
42ZN Certification of
maintenance outside Australian territory
(1) The holder of the certificate of registration for an
Australian aircraft on which maintenance has been carried out outside
Australian territory must not fly the aircraft, and must ensure the aircraft is
not flown, if each of the following requirement is not satisfied:
(a) the completion of the maintenance has been
certified by:
(i) a person who would have been
permitted by regulation 42ZC to carry out the maintenance if the aircraft had
been in Australia; or
(ii) if the maintenance was carried out
in a Contracting State — a person who would be permitted under
the law of the Contracting State to certify the completion of the maintenance
if the aircraft were registered in the Contracting State; or
(iii) a person who is authorised by
CASA to certify the completion of the maintenance;
(b) the certification is made in a manner that is
acceptable to CASA having regard to the safety of air navigation.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Subdivision 3 Miscellaneous
42ZP Certification
not to be made
(1) A person must not certify the completion of
maintenance carried out on an aircraft, aircraft component or aircraft material
if the maintenance was not carried out in accordance with the approved
maintenance data for the aircraft, aircraft component or aircraft material.
Penalty: 50 penalty
units.
Note Regulation 2A sets out what is
approved maintenance data for an aircraft.
(2) This regulation has effect in spite of
any provision in an approved system of certification of completion of
maintenance.
(3) An offence against
subregulation (1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 7 Exemptions from, and variations of, requirements
42ZQ Requirements to which Division applies
(1) This Division applies to requirements
that are specified in a prescribed regulation or in a related document.
(2) In this regulation:
prescribed regulation means regulation 36A,
39, 41, 42G, 42U, 42V, 42W, 42X, 42Y, 42Z or 42ZA.
related document means a document that is:
(b) a direction issued by CASA under regulation
38 or 44, or a direction in force under subregulation 202.051 (3) of CASR;
or
(c) a document or design that:
(i) was approved under regulation 35;
or
(ii) forms part of a certificate of
type approval; or
(d) issued by the manufacturer of an aircraft
component or aircraft material; or
(e) issued by the designer of a modification of
an aircraft or aircraft component;
that relates to:
(f) what maintenance is to be carried out on an
aircraft; or
(g) when maintenance is to be carried out on an
aircraft; or
(h) how maintenance is to be carried out on an
aircraft.
42ZR Application
for exemption from, or variation of, requirements
(1) The holder of the certificate of
registration for an Australian aircraft may apply, in writing, to CASA or an
authorised person for:
(a) an exemption, in relation to the aircraft,
from a requirement to which this Division applies; or
(b) a variation, in relation to the aircraft, of
a requirement to which this Division applies.
(2) The application must set out:
(a) particulars of the exemption or variation
sought; and
(b) the reasons for seeking the exemption or
variation.
(3) In the application, the applicant must
also state whether the exemption or variation is to apply to any person who
might otherwise be bound to comply with the requirement or only to a specified
person or specified persons.
(4) CASA or the authorised person may
require the applicant to provide an explanation of the effect of the exemption
or variation on the safety of air navigation.
42ZS Granting
of exemptions and approval of variations
(1) CASA or an authorised person must
grant the exemption or approve the variation if CASA or the authorised person
is satisfied that granting the exemption or approving the variation would not
adversely affect the safety of air navigation.
(2) If CASA or the authorised person
grants the exemption, or approves the variation, the grant or approval may be
made or given subject to such conditions as CASA or the authorised person thinks
necessary in the interests of the safety of air navigation.
(3) CASA or the authorised person must, in
writing, notify the applicant of CASA’s, or the authorised person’s, decision
in relation to the application.
(4) If CASA
or the authorised person grants the exemption, or approves the variation, CASA
or the authorised person must identify in the exemption or approval:
(a) in the case
of an exemption:
(i) the aircraft to which the
exemption relates; and
(ii) the person or persons to whom the
exemption applies; and
(iii) the conditions (if any) subject
to which the exemption is granted; or
(b) in the case of an approval of a variation:
(i) the aircraft to which the
variation relates; and
(ii) the person or persons to whom the
variation applies; and
(iii) the conditions (if any) subject
to which the variation is granted.
(5) If CASA or the authorised person
decides not to grant the exemption, or approve the variation, CASA or the
authorised person must include in the notice a statement of the reasons for
that decision.
42ZT When
grant or approval is effective
(1) If CASA or an authorised person grants
an exemption, or approves a variation, the grant or approval has effect from
when notice of the grant or approval is given to the applicant.
(2) The exemption or variation stops being
in force if:
(a) it is expressed to have effect for a limited
period and that period ends; or
(b) it is revoked by CASA by written notice given
to the holder of the certificate of registration for the aircraft concerned; or
(c) the holder of the certificate of
registration for the aircraft concerned gives CASA or the authorised person
written notice that the holder no longer wants the exemption or variation to
apply in relation to the aircraft.
(3) CASA must not revoke an exemption or a
variation unless CASA thinks it is necessary to do so for the purpose of
ensuring the safety of air navigation.
42ZU Effect
of grant of exemption or approval of variation
(1) If:
(a) CASA or an authorised person has granted an
exemption from a requirement to which this Division applies; and
(b) that exemption is in force;
then, subject to any conditions imposed under subregulation 42ZS
(2), a person identified in the exemption under subparagraph 42ZS (4) (a) (ii)
is exempt from compliance with the requirement in relation to the aircraft
concerned.
(2) If:
(a) CASA or an authorised person has approved a
variation of a requirement to which this Division applies; and
(b) that approval is in force;
then, subject to any conditions imposed under subregulation 42ZS
(2), the requirement has effect, in relation to a person identified in the
approval under subparagraph 42ZS (4) (b) (ii) and the aircraft concerned, as if
the requirement were varied in the manner approved.
Division 8 Maintenance control manual and maintenance controller
42ZV Maintenance
controllers
(1) The operator of a class A aircraft must
appoint a person to be the maintenance controller for the aircraft.
Penalty: 50 penalty units.
(2) The same person may be appointed as the maintenance
controller for more than 1 class A aircraft.
(3) A person appointed as
the maintenance controller for a class A aircraft must not undertake duties as
the maintenance controller if each of the following requirements is not
satisfied:
(a) the appointment is approved under regulation
42ZW;
(b) the approval
is not suspended or cancelled under regulation 42ZX.
Penalty: 50 penalty units.
(4) An offence against subregulation (1) or (3) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42ZW Approval
of maintenance controllers
(1) The operator of a class A aircraft may ask CASA to
approve a person’s appointment as the maintenance controller for the aircraft.
(2) CASA must, on receiving a request for approval of a
person’s appointment, approve the appointment if it is reasonably satisfied
that the person:
(a) meets the requirements of Part 1 of Schedule
9; and
(b) can properly perform the functions set out in
Part 2 of Schedule 9.
Note A decision not to approve the
appointment of a person to be a maintenance controller is reviewable by the
Administrative Appeals Tribunal under regulation 297A.
(3) CASA may approve an appointment subject to any
condition that is necessary in the interests of the safety of air navigation.
Note A decision to approve the
appointment of a person to be a maintenance controller subject to conditions is
reviewable by the Administrative Appeals Tribunal under regulation 297A.
(4) If CASA approves a person’s appointment it must give
a copy of the approval, including the conditions (if any) applicable to the
approval, both to the person and to the operator.
(5) A person whose appointment is approved must
not contravene a condition to which the approval is subject.
Penalty: 50 penalty units.
(5A) An offence against
subregulation (5) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(6) An approval stops being in force if:
(a) it is cancelled; or
(b) the appointment to which it relates ends.
(7) If CASA suspends an approval, the approval has no
effect during the period of the suspension.
42ZX Suspension
or cancellation of approvals
(1) CASA may suspend or cancel an approval of a person’s
appointment as the maintenance controller for a class A aircraft if:
(a) the person is not carrying out the
maintenance controller’s functions satisfactorily; or
(b) the person has contravened a condition to
which the approval is subject.
Note A decision to suspend or cancel
an approval is reviewable by the Administrative Appeals Tribunal under
regulation 297A.
(2) A suspension or cancellation does not have effect
until a notice of the suspension or cancellation is served on:
(a) the person; and
(b) the operator of the aircraft.
42ZY Maintenance
control manuals
(1) The operator of a class A aircraft must prepare a
maintenance control manual for the aircraft that:
(a) states the operator’s name; and
(b) if the operator does not hold the
registration certificate for the aircraft — states the name of its
certificate holder; and
(c) sets out the functions of the operator’s
maintenance controller; and
(d) includes:
(i) a description of the aircraft that
identifies it, including particulars of its type, model and marks; and
(ii) details of the arrangements for
the control of maintenance of the aircraft; and
(iii) details of the arrangements under
which the aircraft’s approved maintenance program is to be met; and
(iv) details of the arrangements to
ensure compliance with the weight and balance requirements for the aircraft;
and
(v) a statement determining the period,
or period of time‑in‑service, for which a maintenance release for
the aircraft is to remain in force.
Penalty: 50 penalty units.
(2) The operator must
ensure:
(a) compliance with the maintenance control
manual; and
(b) that the maintenance controller properly
carries out the maintenance controller’s function set out in Part 2 of Schedule
9.
Penalty: 50 penalty units.
(3) An operator must make available to a person who
carries out maintenance on the operator’s aircraft a copy of the parts of the
maintenance control manual that are relevant to the maintenance.
Penalty: 50 penalty units.
(4) An offence against subregulation (1), (2) or
(3) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42ZZ Maintenance
control manuals: amendments
(1) An operator must
amend the operator’s maintenance control manual whenever it is necessary to do
so to keep it up‑to‑date.
Penalty: 50 penalty units.
(2) CASA may direct the operator, in writing, to amend
the maintenance control manual in accordance with the direction.
(3) An operator must
comply with a direction given to the operator.
Penalty: 50 penalty units.
(4) The operator must ensure that amendments of the
maintenance control manual made under this regulation are incorporated in each
copy of the manual kept by the operator.
Penalty: 50 penalty units.
(5) An offence against subregulation (1), (3) or
(4) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
42ZZA Inspection
of maintenance control manuals
(1) An operator must, if asked by CASA, make the
operator’s maintenance control manual available for inspection by CASA.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 9 Maintenance releases
43 Maintenance
releases in respect of Australian aircraft
(1) Maintenance releases in respect of
Australian aircraft shall be issued only by authorised persons and only in such
manner, and in accordance with such form, as CASA directs or approves.
(2) CASA may give a direction specifying
the information to be entered on a maintenance release before its issue.
(3) Where a person appointed as an
authorised person for the purposes of this regulation is a body corporate, CASA
shall specify in the instrument of appointment the condition that any
maintenance release issued by the authorised person is to be signed, on behalf
of the authorised person, by a specified person or by a person included in a
specified class of persons.
(4) CASA may give a direction with respect
to the retention and transfer of maintenance releases and copies of maintenance
releases issued under this regulation.
(5) CASA may give a direction specifying
the period, or the maximum period, that a maintenance release of a kind
specified in the direction is to be expressed to remain in force.
(6) A maintenance release may be issued in respect of an
aircraft only if:
(a) there is in force, a certificate of
airworthiness for the aircraft; or
(b) CASA has approved the issue of the
maintenance release.
(7) A maintenance release may be issued in respect of an
aircraft only if:
(a) all maintenance in respect of the aircraft
required to be carried out to comply with any requirement or condition imposed
under these regulations has been certified, in accordance with regulation 42ZE
or 42ZN, to have been completed; or
(b) for a maintenance release for a flight under
a permission to fly in force under subregulation 317 (1) — the completion
of any maintenance required under a condition of the permit, or under a
direction in relation to the permit or permission, has been certified under
regulation 42ZE or 42ZN.
(8) For the purposes of paragraph (7) (a),
the existence of an earlier maintenance release issued by virtue of that paragraph
in respect of an aircraft may, in the absence of evidence to the contrary, be
accepted by an authorised person for the purposes of this regulation as proof
that all maintenance required under these regulations to be carried out on the
aircraft before the date of issue of the earlier maintenance release has been
certified to have been completed as required by that paragraph.
(9) A maintenance release may bear an
endorsement that the release is issued subject to a condition set out in the
endorsement, being a condition imposed for the purpose of ensuring the safety
of air navigation.
(10) Where an aircraft has a permissible
unserviceability, a maintenance release issued in respect of the aircraft, or
other document approved for use as an alternative to the maintenance release
for the purposes of this subregulation, shall bear an endorsement:
(a) setting out each permissible
unserviceability that exists with respect to the aircraft;
(b) setting out such of the conditions (if any)
with respect
to the use of an aircraft with those permissible unserviceabilities set out in
any direction given under regulation 37 in relation to those permissible
unserviceabilities as are not set out in any operations manual issued with
respect to the aircraft or in Part 20 of the Civil Aviation Orders; and
(c) stating that the maintenance release is
issued subject to those conditions, whether set out in the maintenance release
or the other document or otherwise.
(11) A person shall not issue a maintenance
release in contravention of this regulation.
Penalty:
(a) for a contravention of subregulation
(1) — 25 penalty units; or
(b) for a contravention of subregulation
(6) — 25 penalty units; or
(c) for a contravention of subregulation
(7) — 50 penalty units; or
(d) for a contravention of subregulation
(10) — 10 penalty units.
(11A) A person must not contravene:
(a) a direction; or
(b) the condition specified in subregulation (3);
or
(c) a condition to which a maintenance release
is subject.
Penalty:
(a) for a contravention of a direction under
subregulation (2) — 10 penalty units; or
(b) for a contravention of the condition
specified in subregulation (3) — 10 penalty units; or
(c) for a contravention of a direction under
subregulation (4) or (5) — 5 penalty units; or
(d) for a contravention of a condition under
subregulation (9) — 50 penalty units.
(12) Subregulation (11) does not apply in
relation to a person by reason only that he or she has issued a maintenance
release in contravention of a direction given under this regulation unless the
direction has been served on the person.
(13) A person
shall not sign a maintenance release to be issued by virtue of paragraph (7)
(a) in respect of an aircraft if:
(a) the person considers that:
(i) the aircraft is in a damaged
condition or is defective;
(ii) the damage is major damage or the
defect is a major defect, as the case may be; and
(iii) the damage or defect is not a
permissible unserviceability;
(b) the person considers that maintenance carried
out on the aircraft may have adversely affected, to such an extent as to affect
the safety of the aircraft, the flight characteristics of the aircraft or the
operating characteristics of any aircraft component, or of any system of
aircraft components, installed in the aircraft;
(c) the person is aware that certain maintenance
that has been carried out on the aircraft has not been certified, in accordance
with regulation 42ZE or 42ZN, to have been completed; or
(d) the person is aware that:
(i) information entered on the
maintenance release is incorrect; or
(ii) the maintenance release does not
contain all information that it is required by or under these regulations to
contain.
(13A) A person must not contravene
subregulation (13).
Penalty:
(a) if the person signs the maintenance release
in contravention of paragraph (13) (a) or (b) — 50 penalty units; or
(b) if the person signs the maintenance release
in contravention of paragraph (13) (c) — 10 penalty units; or
(c) if the person signs the maintenance release
in contravention of paragraph (13) (d) — 25 penalty units.
(15) A direction given under this regulation
does not have effect in relation to a person until it has been served on the
person.
(16) Where a maintenance release is issued
under this regulation, or again commences to be in force by virtue of
regulation 48, in respect of an aircraft, any other maintenance release in
force in respect of the aircraft immediately before that issue or that
commencement, as the case may be, ceases to be in force.
(17) An offence against subregulation (11) or (11A)
is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
43A Maintenance
release to be available for inspection
(1) CASA or an authorised person may, at
all reasonable times, inspect a maintenance release, or a copy of a maintenance
release, for an aircraft.
(2) A person who has possession or custody of a
maintenance release, or a copy of a maintenance release, must make it available
for inspection by CASA or an authorised person at the request of CASA or the
authorised person.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
43B Time‑in‑service
to be recorded on maintenance release
(1) On the completion of flying operations on each day
that an aircraft is flown, the owner, operator or pilot in command must record
on the maintenance release the total time‑in‑service of the
aircraft on the day.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
44 Conditions
with respect to maintenance releases
(1) CASA may, for the purpose of ensuring
the safety of air navigation, give a direction that a condition set out in the
direction shall apply in relation to:
(a) every maintenance release in force on or
after the date of the direction;
(b) every maintenance release in respect of an
aircraft of a kind specified in the direction in force on or after the date of
the direction; or
(c) a maintenance release in respect of a
specified aircraft.
(1A) CASA may, for the purpose of ensuring
the safety of air navigation, give directions requiring the endorsement of
information on maintenance releases.
(1B) It is a condition of a maintenance
release that any applicable directions under subregulation (1A) are complied
with.
(2) A direction given under this
regulation does not have effect in relation to a person until it has been
served on the person.
(3) A person who contravenes a direction
given under this regulation is guilty of an offence punishable, on conviction,
by:
(a) in the case of a direction under
subregulation (1) — a fine not exceeding 50 penalty units; and
(b) in the case of a direction under
subregulation (1A) — a fine not exceeding 25 penalty units.
(4) An offence against subregulation (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
45 Suspension
or cancellation of maintenance release
(1) Where CASA is satisfied that a
condition set out in, or applying in relation to, a maintenance release has not
been complied with, CASA may suspend or cancel the maintenance release.
(2) A suspension
or cancellation of a maintenance release under this regulation does not have
effect in relation to a person until a notification of the suspension or
cancellation has been served on the person.
46 Information
to be passed to other persons
(1) If a direction setting out a condition that applies
in relation to a maintenance release of an aircraft given under regulation 44,
or a notification of a suspension or cancellation of a maintenance release of
an aircraft given under regulation 45, has been served on the holder of the
certificate of registration for the aircraft, the holder must use his or her
best endeavours to ensure that the direction or the fact that the maintenance
release has been suspended or cancelled, as the case may be, is brought to the
attention of any person, who is likely to fly, or likely to issue a maintenance
release for, the aircraft.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
47 Maintenance release to cease to be in
force
(1) If:
(aa) the holder of the certificate of registration
for; or
(ab) the operator of; or
(ac) a flight crew
member of; or
(ad) an authorised person engaged (whether as an employee
or on his or her own behalf) in the maintenance of;
an aircraft in respect of which a maintenance release is in force
becomes aware:
(a) that:
(i) a requirement or condition imposed
under these regulations in respect of the maintenance of the aircraft has not
been complied with;
(ii) the aircraft has suffered major
damage or has developed a major defect, other than damage or a defect that is a
permissible unserviceability;
(iii) abnormal flight or ground loads
have been imposed on the aircraft; or
(iv) maintenance carried out on the
aircraft may have adversely affected, to such an extent as to affect the safety
of the aircraft, the flight characteristics of the aircraft or the operating
characteristics of any aircraft component, or any system of aircraft
components, installed in the aircraft; and
(b) that there is a likelihood that the aircraft
will be flown before:
(i) the requirement or condition
referred to in subparagraph (a) (i) has been complied with;
(ii) the damage or defect referred to
in subparagraph (a) (ii) has been remedied;
(iii) any damage caused by the
imposition of the abnormal loads referred to in subparagraph (a) (iii) has been
remedied; or
(iv) the characteristics referred to in
subparagraph (a) (iv) have been corrected;
as the case may be;
he or she shall, subject to subregulation (2), enter on the
maintenance release, or other document approved for use as an alternative to
the maintenance release for the purposes of this subregulation, an endorsement
signed by him or her setting out the facts of the situation and stating that
the aircraft is unairworthy, and thereupon the maintenance release ceases to be
in force.
Penalty: 25 penalty units.
(2) A person is not required under
subregulation (1) to enter an endorsement on a maintenance release or other
document approved for use as an alternative to a maintenance release if:
(a) the maintenance release was issued by virtue
of paragraph 43 (7) (b); and
(b) the person
considers that the ground for entering the endorsement:
(i) existed at the time when the
maintenance release was issued; and
(ii) was known to the person who issued
the maintenance release or to a responsible employee of that person.
(3) If:
(a) the holder of the certificate of
registration for; or
(b) the operator of; or
(c) the pilot in command of; or
(d) an authorised person engaged (whether as an
employee or on his or her own behalf) in the maintenance of;
an aircraft in respect of which a maintenance release is in force
becomes aware that the certificate of airworthiness in respect of the aircraft
has been suspended or cancelled, he or she shall enter on the maintenance
release an endorsement signed by him or her setting out the facts of the
situation and stating that the aircraft is unairworthy, and thereupon the
maintenance release ceases to be in force.
Penalty: 25 penalty units.
(4) Where:
(a) an authorised person (whether acting as an
employee
or on his or her own behalf) carries out maintenance on
an aircraft in pursuance of an authorisation under subregulation 35 (3), or
subregulation 36 (3) with a view to the aircraft being tested; and
(b) there is in force in respect of the aircraft
a maintenance release issued by virtue of paragraph 43 (7) (a);
the authorised person shall enter on the maintenance release an
endorsement signed by him or her setting out that he or she has carried out
maintenance authorised under the relevant provision referred to in paragraph
(a) and that the aircraft requires testing, and thereupon the maintenance release
ceases to be in force.
Penalty: 25 penalty units.
(5) A maintenance release for an aircraft
stops being in force when a maintenance release inspection of the aircraft
begins.
(6) In this regulation, maintenance
release inspection means an inspection carried out on an aircraft for
the purpose of determining whether a maintenance release for the aircraft
should be issued.
(7) An offence against subregulation (4) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
48 Maintenance
release to recommence to be in force
(1) Where a maintenance release in respect
of an aircraft ceases
to be in force by virtue of an endorsement made under subregulation 47 (1), the
maintenance release shall again commence to be in force if:
(a) where the endorsement refers to a
requirement or condition in respect of the maintenance of the aircraft not
having been complied with — there is entered on the maintenance release or
other document on which the endorsement was made a certification, in accordance
with regulation 42ZE or 42ZN, that the maintenance to which the requirement or
condition relates has been completed;
(b) where the endorsement refers to the aircraft
having suffered major damage or having developed a major defect — there is
entered on the maintenance release or other document on which the endorsement
was made a certification, in accordance with regulation 42ZE or 42ZN, that the
maintenance required to remedy the damage or the defect, as the case may be, has
been completed;
(c) where the endorsement refers to the aircraft
having had imposed on it abnormal flight or ground loads — there is
entered on the maintenance release or other document on which the endorsement
was made a certification, in accordance with regulation 42ZE or 42ZN, that the
maintenance required to be carried out to check whether that imposition has
caused any damage to the aircraft, and to remedy any damage so caused, has been
completed; or
(d) where the endorsement relates to the flight
characteristics of the aircraft or the operating characteristics of an aircraft
component, or system of aircraft components, installed in the aircraft —
there is entered on the maintenance release or other document on which the
endorsement was made a certification, in accordance with regulation 42ZE or
42ZN, that the maintenance required to correct the flight characteristics or
operating characteristics, as the case may be, has been completed.
(2) Where a maintenance release in respect
of an aircraft ceases to be in force by virtue of an endorsement made under
regulation 47, the maintenance release shall again commence to be in force if
there is entered on the maintenance release or other document on which the
endorsement was made a further endorsement signed by an authorised person
cancelling the first‑mentioned endorsement.
(3) An authorised person must not make an endorsement
under subregulation (2) if there is a reason why the endorsement to be
cancelled should remain in force.
Penalty: 25 penalty
units.
(4) A maintenance release that has ceased
to be in force by virtue of an endorsement made under regulation 47 shall not
again commence to be in force except by virtue of an endorsement made under
this regulation.
(5) This
regulation does not have effect in relation to a maintenance release issued in
respect of an aircraft if:
(a) the period during which the maintenance
release is expressed to remain in force has expired; or
(b) a subsequent maintenance release has been
issued in respect of the aircraft by virtue of paragraph 43 (7) (a).
49 Permissible
unserviceabilities to be endorsed on maintenance releases
(1) This regulation applies to each of the following
persons in relation to an aircraft in respect of which a maintenance release is
in force:
(a) the holder of the certificate of
registration for the aircraft;
(b) the operator of the aircraft;
(c) a flight crew member of the aircraft;
(d) an authorised person engaged (whether as an
employee or on his or her own behalf) in the maintenance of the aircraft.
(2) If:
(a) an aircraft in respect of which a
maintenance release is in force has developed a defect, or has suffered damage,
that is a permissible unserviceability; and
(b) there is a likelihood that the aircraft will
be flown before the permissible unserviceability is rectified;
a person mentioned in subregulation (1), who becomes aware of the
defect or damage, must endorse the maintenance release, or other document
approved for use as an alternative to the maintenance release for the purposes of
this regulation, in the manner set out in subregulation (3).
Penalty: 25 penalty
units.
(3) For subregulation (2), the maintenance release
or other document must be signed by the person mentioned in
subregulation (1), and must:
(a) set out each permissible unserviceability
that exists with respect to the aircraft; and
(b) set out the conditions (if any) with respect
to the use of the aircraft with those permissible unserviceabilities set out in
any direction given under regulation 37 in relation to those permissible
unserviceabilities as are not set out in any operations manual issued with
respect to the aircraft or in Part 20 of the Civil Aviation Orders; and
(c) state that the maintenance release has
effect subject to those conditions, whether set out in the maintenance release
or the other document or otherwise.
50 Defects
and major damage to be endorsed on maintenance release
(1) This regulation
applies to each of the following persons:
(a) the holder of the certificate of
registration for an Australian aircraft;
(b) the operator of an Australian aircraft;
(c) a flight crew member of an Australian
aircraft.
(2) If:
(a) there is a defect in the aircraft; or
(b) the aircraft has suffered major damage;
a person mentioned in subregulation (1), who becomes aware of the
defect or damage, must endorse the maintenance release of the aircraft or other
document approved for use as an alternative for the purposes of this
regulation, setting out the particulars of the defect or damage, as the case
may be, and sign the endorsement.
Penalty: 25 penalty
units.
Division 10 Aircraft log books
50A Aircraft
log book
(1) Subject to regulation 50B, the holder
of the certificate of registration for an Australian aircraft must:
(a) keep a log book for the aircraft; and
(b) make the log book, and other documents
referred to in the log book, available to CASA and to persons engaged in
maintenance on the aircraft;
in accordance with the instructions
issued by CASA under subregulation (2).
Penalty: 50 penalty units.
(2) CASA may issue written instructions:
(a) relating to how aircraft log books are to be
kept; and
(b) requiring aircraft log books, and documents
referred to in aircraft log books, to be made available to CASA and to persons
engaged in maintenance on aircraft.
(3) An offence against
subregulation (1) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
50B Alternative
to aircraft log book or section of aircraft log book
(1) CASA may, in writing, approve the use,
in relation to an Australian aircraft, of an alternative to an aircraft log
book or to a particular section of an aircraft log book.
(2) An approval may be subject to such
conditions as CASA considers necessary in the interests of the safety of air
navigation.
(3) If CASA approves the use of an
alternative to an aircraft log book, the holder of the certificate of
registration of the aircraft concerned must:
(a) keep a record relating to the aircraft’s
maintenance; and
(b) make the record, and other documents referred
to in the record, available to CASA and to persons engaged in maintenance on
the aircraft;
in accordance with the terms of the approval.
Penalty: 50 penalty
units.
(4) If CASA approves the use of an
alternative to a particular section of an aircraft log book, the holder of the
certificate of registration of the aircraft concerned must:
(a) keep a record relating to the aspects of the
aircraft’s maintenance that would otherwise be covered by that section; and
(b) make the record, and other documents referred
to in the record, available to CASA and to persons engaged in maintenance on
the aircraft;
in accordance with the terms of the approval.
Penalty: 50 penalty
units.
(5) A person must not
engage in conduct that results in the alteration of an entry in an alternative
to an aircraft log book if:
(a) the alteration is not a single line through
the words to be struck out; and
(b) the words struck out do not remain legible.
Penalty: 50 penalty
units.
(6) An offence against subregulation (5) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
50C Directions
relating to aircraft maintenance records
(1) CASA may, for the purpose of ensuring
the safety of air navigation, give directions in relation to:
(a) the retention and transfer of aircraft
maintenance records and parts of aircraft maintenance records; and
(b) the making and keeping of copies of aircraft
maintenance records and parts of aircraft maintenance records.
(2) A direction is not binding on a person
unless it has been served on the person.
(3) A person must not contravene a
direction that is binding on the person.
Penalty: 50 penalty units.
(4) An offence against subregulation (3) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
50D Inspection of records
(1) A person required by this Division (including by a
direction under regulation 50C) to keep or retain a record must make the record
available for inspection by CASA or an authorised person at the request of CASA
or the authorised person.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
Division 11 Miscellaneous
50E Inconsistent
requirements — resolution of inconsistencies
(1) This regulation applies where, apart
from this regulation, a person would be required, by this Part, to comply with
two requirements that are inconsistent.
(2) The person is only required to comply
with whichever of the requirements has the higher priority.
(3) For the purposes of this regulation,
two requirements are inconsistent if:
(a) it is not possible to comply with both of
the requirements; or
(b) they require the same, or substantially the
same, action to be taken at different times or in a different way.
(4) The order of priority of requirements
is as follows (starting with those of highest priority):
(a) requirements in these regulations (except those
requirements mentioned in the remaining provisions of this subregulation);
(b) requirements in instruments made under these
regulations;
(c) requirements in documents (including
designs) approved by CASA or authorised persons under these regulations;
(d) requirements in instructions issued by
designers of modifications of aircraft;
(e) requirements in instructions issued by
designers of modifications of aircraft components;
(f) requirements in instructions issued by
aircraft manufacturers;
(g) requirements in instructions issued by
aircraft component manufacturers;
(h) requirements in instructions issued by
aircraft material manufacturers;
(j) requirements in documents that are approved
maintenance data because of paragraph 2A (2) (e).
(5) If there is in existence more than one
requirement of a kind mentioned in one of the paragraphs of subregulation (4),
then the requirement that is later in time has higher priority.
50F Notice
of maintenance to be given
(1) A
person who has control in Australian territory of an aircraft on which
maintenance is being carried out must take reasonable steps to ensure that
notice that the maintenance is being carried out is given to any person likely
to want to fly the aircraft.
Penalty: 50 penalty units.
(2) For the
purposes of this regulation, an aircraft on which maintenance (other than
approved maintenance to be carried out by the holder of a pilot licence that is
valid for the aircraft) has been commenced is to be taken to be an aircraft on
which maintenance is being carried out until completion of the maintenance has
been certified in accordance with regulation 42ZE.
(3) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
50G Copying
or disclosing CVR information
(1) For paragraph
32AP (3A) (a) of the Act, the following are authorised:
(a) a person who:
(i) is
a staff member within the meaning of the Transport Safety Investigation Act
2003; and
(ii) has
had training with respect to the replay and analysis of cockpit voice
recordings; and
(iii) has
been briefed on the requirements of Part IIIB of the Act;
(b) a person who:
(i) is
to check on behalf of the holder of a CVR certificate of approval (the holder)
whether equipment used to make a cockpit voice recording is functioning and
reliable; and
(ii) has
had training from the holder with respect to the replay and analysis of cockpit
voice recordings; and
(iii) has
been briefed by the holder on the requirements of Part IIIB of the Act.
(2) In this regulation, CVR
certificate of approval means a certificate of approval covering
the maintenance of aeronautical products used to make cockpit voice recordings.
Part 4B Defect reporting
51 Reporting
of defects in Australian aircraft — general
(1) Where a
person who, in the course of his or her employment with an employer, is engaged
in the maintenance of an Australian aircraft becomes aware of the existence of
a defect in the aircraft, the person shall report the defect to his or her
employer.
(2) Subject to subregulation (3), if a
person engaged in the maintenance of an Australian aircraft becomes aware of
the existence of a major defect in the aircraft, the person must report the
defect to the holder of the certificate of registration for the aircraft and to
CASA.
Penalty: 25 penalty
units.
(3) A person is not required to report a
defect under subregulation (2) if:
(a) the person was engaged in the maintenance as
an employee; or
(b) the person is the holder of the certificate
of registration for the aircraft.
(4) If the holder of the certificate of
registration for an Australian aircraft becomes aware of the existence of a
defect in the aircraft, he or she must:
(a) have an investigation made of the defect;
and
(b) if the defect is a major defect — have a
report made to CASA with respect to the defect and to any matters revealed by
the investigation.
Penalty: 25 penalty units.
51A Reporting
of defects in Australian aircraft: major defects
(1) This
regulation applies to major defects:
(a) that have caused, or that could cause, a
primary structural failure in an aircraft; or
(b) that have caused, or that could cause, a
control system failure in an aircraft; or
(c) that have caused, or that could cause, an
engine structural failure in an aircraft; or
(d) caused by, that have caused, or that could
cause, fire in an aircraft.
(2) If a person connected with the
operation of, or the carrying out of maintenance on, an Australian aircraft
discovers a defect in the aircraft, being a defect of a kind to which this
regulation applies, the person must report the defect to CASA immediately.
Penalty: 50 penalty units.
(2A) An offence against subregulation (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) A person must not prevent another
person from reporting a defect of a kind to which this regulation applies.
Penalty: 50 penalty units.
(4) It is a defence to a prosecution under
subregulation (2) if the person charged establishes:
(a) a reason for not being able to report the
defect to CASA immediately; and
(b) that the reason was:
(i) by its nature such as to prevent
the person reporting the defect to CASA immediately; or
(ii) that the defect required further
investigation to discover the extent of the defect; and
(c) that the
person reported the defect to CASA as soon as he or she was not prevented by
the reason from doing so.
51B Defects
discovered in complying with directions by CASA
(1) If a person discovers a defect in an aircraft in the
course of complying with an airworthiness directive or a direction given by
CASA under regulation 38, the person must report the defect to CASA.
Penalty: 25 penalty units.
(2) An offence against subregulation (1) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
52 Defects
discovered in aircraft components
(1) This regulation applies if:
(a) a person engaged in the maintenance of an
aircraft component becomes aware of a defect in the component; or
(b) a person engaged in the maintenance of an
aircraft becomes aware of a defect in an aircraft component that the person
proposed to install in the aircraft in the course of that maintenance; or
(c) a person who holds a certificate of approval
that covers the maintenance of aircraft components becomes aware of a defect in
an aircraft component that he or she owns; or
(d) a person who holds an Air Operator’s
Certificate becomes aware of a defect in an aircraft component that he or she
owns and intends to install in an aircraft used in operations under that Air
Operator’s Certificate.
(2) If the person owns the aircraft
component:
(a) the person must have an investigation made
of the defect; and
(b) if the defect is such that, if the component
were installed in an aircraft, the safety of the aircraft might be affected or
the aircraft might become a danger to person or property — the person must
have a report made to CASA in relation to the defect and any matters revealed
by the investigation.
Penalty: 25 penalty units.
(3) If the person does not own the
aircraft component the person must:
(a) have a report made to the owner of the
component in relation to the defect; and
(b) if the person thinks that the defect is such
that, if the component were installed in an aircraft, the safety of the
aircraft might become affected or the aircraft might become a danger to person
or property — have a report made to CASA in relation to the defect.
Penalty: 25 penalty units.
(4) After the owner of an aircraft
component receives the report mentioned in paragraph (3) (a):
(a) the owner must have an investigation made of
the defect; and
(b) if the defect is such that, if the component
were installed in an aircraft, the safety of the aircraft might be affected or
the aircraft might become a danger to person or property — the owner must
have a report made to CASA in relation to the defect and any matters revealed
by the investigation.
Penalty: 25 penalty units.
(5) An offence against subregulation (4) is an offence
of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
52A How
must reports to Authority be made?
(1) A report of a defect to CASA under
regulation 51, 51A or 52:
(a) must be made in accordance with this
regulation; and
(b) is not taken to be made unless in accordance
with this regulation.
(2) A report must:
(a) describe the defect; and
(b) set out the date on which the defect was
discovered; and
(c) set out the circumstances in which the
defect was discovered; and
(d) set out any action that has been taken or
that is proposed to be taken:
(i) to rectify the defect; or
(ii) to prevent the defect from
recurring; and
(e) set out what the person making the report
thinks is the cause of the defect; and
(f) if the defect is in an aircraft — set
out:
(i) the type, model, serial number and
registration mark of the aircraft; and
(ii) the type, model and serial number
of the aircraft’s engine; and
(iii) if the aircraft has a propeller —
the type, model and serial number of the aircraft’s propeller; and
(iv) the time in service of, number of
landings of, or number of cycles completed by, the aircraft since new; and
(g) if the defect is in an aircraft
component — set out:
(i) the identity of the component,
including (if applicable) the part number and serial number of the component;
and
(ii) the time in service of, or the
number of cycles completed by, the component since new; and
(iii) if the component has been
overhauled — the time in service of, or the number of cycles completed by,
the component since its most recent overhaul; and
(iv) if the component is a turbine
engine — the number of cycles completed by the component since new.
(3) Subject to subregulation (4), a report
to CASA in relation to a defect must be sent to CASA within 2 working days of
the discovery of the defect.
(4) Subregulation (3) does not apply to a
report of a defect of a kind to which regulation 51A applies.
52B Keeping
of defective aircraft and aircraft components
(1) This regulation applies where a
person:
(a) who owns an aircraft or an aircraft
component; or
(b) who is otherwise in possession of an aircraft
or an aircraft component;
is required, by a provision of this Division, to report a defect in
the aircraft or component to CASA.
(2) The person must take reasonable steps
to ensure that:
(a) the aircraft, or the part of the aircraft
that is defective; or
(b) the aircraft component;
as the case requires, is kept in a state that will allow CASA to
investigate the defect.
Penalty: 25 penalty units.
(2A) An offence against subregulation (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) Subject to subregulation (5), the
obligation under subregulation (2) ends when CASA gives the person notice that
the aircraft, part of the aircraft, or aircraft component is no longer required
to be kept in a state that allows CASA to investigate the defect.
(4) CASA must give the notice to the
person within a period of 1 year from the day on which the defect was
reported to CASA.
(5) If CASA does not give the notice to
the person within that period, the obligation under subregulation (2) ends at
the end of that period.
53 Investigation
of defects of Australian aircraft
(1) An authorised person may, for the
purpose of ensuring the safety of air navigation, conduct an investigation into
any matter connected with any defect in an Australian aircraft (including the
making of a test of an aircraft or of any aircraft component installed or
provided in an aircraft).
(2) An investigation under subregulation
(1) may extend to defects generally or may be limited to the investigation of a
particular defect or a particular kind of defect.
(3) The authorised person may, for the
purposes of carrying out the investigation:
(a) by order in writing served on a person,
require the production to the first‑mentioned person of any documents,
aircraft components or other things that are in the possession, or under the
control, of the person on whom the order is served;
(b) retain any document, aircraft component or
other thing produced during the course of the investigation for such period as
is necessary for the purpose of carrying out the investigation; and
(c) make and retain copies of, or take extracts
from, any document so produced.
(3A) A person must comply with an order.
Penalty: 10 penalty units.
(3B) An offence against subregulation (3A) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(4) Where the retention of a document,
aircraft component or other thing produced for the purposes of an investigation
is no longer necessary, CASA or the authorised person shall return the
document, aircraft component or other thing to the person by whom it was
produced.
Part 4C Flight manuals
54 Meaning
of flight manual
(1) The flight manual, for an
aircraft, is:
(a) if a flight manual for the aircraft was
given to the aircraft owner under regulation 21.005 of CASR — that flight
manual; or
(b) in any other
case — any manual or other document (not being a placard) that must, under
the relevant airworthiness standards for the aircraft, be provided with the
aircraft and contain the following information and instructions about the
aircraft:
(i) the limitations within which,
under the relevant airworthiness standards, it is considered airworthy;
(ii) any other information, and any
instructions, necessary for its safe operation.
(2) However, if a change has been made to the flight
manual under regulation 55 or 55A, a reference in a provision other than this
regulation to the flight manual is a reference to the flight
manual as changed.
55 Changes to flight manuals for Australian
aircraft
(1) This regulation applies to the holder of the
certificate of registration for an Australian aircraft for which a flight
manual has been issued if:
(a) the aircraft’s manufacturer, or the holder
of the type certificate to which the aircraft conforms, gives an instruction to
the effect that a change must be made to the manual; and
(b) the change is approved by CASA or the
relevant NAA for the aircraft.
Note For relevant NAA see
subregulation 2 (1).
(2) This regulation also applies to the holder of the
certificate of registration for an Australian aircraft for which a flight
manual has been issued if:
(a) a modification that conforms to a
supplemental type certificate applying to the aircraft, or an aircraft
component fitted to the aircraft, is carried out on the aircraft or
aircraft component; and
(b) the holder of the supplemental type
certificate gives an instruction to the effect that a change must be made to
the manual because of the modification; and
(c) the change is approved by CASA or the NAA
that issued the supplemental type certificate.
Note For NAA see the
Dictionary at the end of CASR.
(3) This regulation also applies to the holder of the
certificate of registration for an Australian aircraft for which a flight
manual has been issued if:
(a) a modification that does not conform to a
supplemental type certificate is carried out on the aircraft or an aircraft
component fitted to the aircraft; and
(b) CASA or an authorised person has approved the
design of the modification under regulation 35; and
(c) CASA or the authorised person gives an
instruction, in writing, to the effect that a change must be made to the
manual because of the modification; and
(d) the change is approved by CASA or the
authorised person.
(4) This regulation also applies to the holder of the
certificate of registration for an Australian aircraft for which a flight
manual has been issued if CASA, or an authorised person, instructs the
certificate holder, in writing, to make a change to the manual that is:
(a) for the purpose of ensuring the safety of
air navigation; and
(b) approved by CASA or the authorised person.
(4A) This regulation also applies to the holder of the
certificate of registration for an Australian aircraft for which a flight
manual has been issued if:
(a) a change to the manual is approved by CASA
under regulation 55A; and
(b) CASA gives an instruction, in writing, to the
effect that the change must be made to the manual.
Note 1 A person is an authorised
person for a provision of these Regulations only if the person’s
instrument of appointment mentions the provision: see regulation 6.
Note 2 A change to a flight manual
that is approved under subregulation (2), (3) or (4) can be in the form of
a flight manual supplement that includes the instruction to make the change.
(5) The holder of the certificate of registration for
the aircraft must make the change to the aircraft’s flight manual:
(a) if the instruction indicates the period
within which the change must be made — within that period; or
(b) in any other case — before the aircraft
is flown for the first time after the certificate holder is told of the
instruction.
Penalty: 50 penalty units.
(6) If the certificate holder makes a change to the
aircraft’s flight manual under subregulation (5), the holder must tell CASA, in
an approved form, about the details of the change within 48 hours after the
aircraft is flown for the first time after the change is made.
Penalty: 20 penalty units.
(7) An offence against subregulation (5) or (6) is
an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
55A Change
to flight manual may be approved
(1) The holder of the certificate of registration for an
Australian aircraft, or a person acting on behalf of the holder, may apply, in
writing, to CASA to approve a change to the flight manual for the aircraft
(other than a change of a kind mentioned in subregulation 55 (1), (2), (3) or
(4)).
(2) CASA may, on receiving an application made under
subregulation (1), approve the change.
(3) In deciding whether
to approve the change, CASA must take into account any relevant considerations
relating to the interests of the safety of air navigation.
Note A change to a flight manual that is
approved under this regulation can be in the form of a flight manual supplement
that includes the instruction to make the change.
Part 4D Removal
of data plates and registration identification plates
56 Definitions for this Part
In this Part:
manufacturer’s data plate means a
manufacturer’s data plate attached to an aircraft, aircraft engine or aircraft
propeller under Division 21.Q.2 of CASR.
57 Removal or alteration of manufacturer’s
data plate
(1) A person must not remove from an aircraft, aircraft
engine, aircraft propeller, propeller blade or propeller hub a manufacturer’s
data plate that has been attached to the aircraft, engine, propeller, blade or
hub, if the person does not have CASA’s written approval to do so.
Penalty: 20 penalty units.
Note The removal of a manufacturer’s data
plate is permitted during maintenance, subject to conditions — see
regulation 60.
(2) A person must not, without CASA’s written approval,
remove or engage in conduct that results in the alteration of any of the
information on a manufacturer’s data plate required by Division 21.Q.2 of CASR
to be there.
Penalty: 20 penalty units.
(2A) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) CASA must not grant an approval for subregulation
(1) or (2) if granting the approval would adversely affect the safety of air
navigation.
58 Removal or alteration of identification
from heater assembly of manned balloon or propeller
(1) A person must not, without CASA’s written approval,
remove or engage in conduct that results in the alteration of any of the
information marked on the heater assembly of a manned balloon under Division
21.Q.2 of CASR.
Penalty: 20 penalty units.
(2) If information mentioned in subregulation 21.840 (5)
of CASR is marked on an aircraft propeller, propeller blade or propeller hub, a
person must not, without CASA’s written approval, remove or engage in conduct
that results in the alteration of any of that information.
Penalty: 20 penalty units.
(2A) An offence against subregulation (1) or (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
(3) CASA must not grant an approval for subregulation
(1) or (2) if granting the approval would adversely affect the safety of air
navigation.
59 Transfer
of manufacturer’s data plate to another aircraft etc prohibited
(1) A person must not attach, to an aircraft, aircraft
engine, aircraft propeller, propeller blade or propeller hub, a manufacturer’s
data plate that bears information about another aircraft, engine, propeller,
blade or hub.
Penalty: 50 penalty units.
(2) A person must not mark on an aircraft propeller,
propeller blade or propeller hub information:
(a) about another propeller, blade or hub; or
(b) about a fictitious propeller, blade or hub.
Penalty: 50 penalty units.
(3) A person must not
mark on a balloon heater:
(a) information about another balloon heater; or
(b) information about a fictitious balloon
heater.
Penalty: 50 penalty units.
(4) An offence against subregulation (1), (2) or
(3) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
60 Removal
of manufacturer’s data plates
(1) In spite of regulation 57, a person carrying out
maintenance on an aircraft, aircraft engine or aircraft propeller or the basket
of a manned balloon may remove the manufacturer’s data plate attached to the
aircraft, engine, propeller or basket if he or she does so in accordance with a
method, technique or practice acceptable to CASA.
(2) A person who has removed a
manufacturer’s data plate from an aircraft, aircraft engine or aircraft
propeller, or from the basket of a manned balloon, under subregulation (1) must
re‑attach it to the aircraft, engine, propeller or basket in accordance
with a method, technique or practice acceptable to CASA.
Penalty: 50 penalty units.
(3) An offence against
subregulation (2) is an offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.
61 Removal of aircraft registration
identification plates
(1) In spite of regulation 45.155
of CASR, a person carrying out maintenance on an aircraft may remove the
aircraft’s aircraft registration identification plate if he or she does so in
accordance with an acceptable method, technique or practice.
(2) A person who has removed an
aircraft registration identification plate from an aircraft under subregulation
(1) must re‑attach it to the aircraft in accordance with an acceptable
method, technique or practice.
Penalty: 50
penalty units.
(3) An offence against subregulation (2) is an
offence of strict liability.
Note For strict liability,
see section 6.1 of the Criminal Code.