CASA EX100/16 Exemption — defect beyond designated rectification interval (Cth)

Instrument number CASA EX100/16

I, ROGER JON WEEKS, Acting Executive Manager, Standards Division, a delegate of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).

[Signed Roger Weeks]

Roger J. Weeks
Acting Executive Manager

Standards Division

28 June 2016

Exemption — defect beyond designated rectification interval

1          Duration

                 This instrument:

(a)   commences on the day of registration; and

(b)   is repealed at the end of 31 May 2018.

2          Definitions

                 In this instrument:

affected aircraft means an aircraft that:

(a) is an aircraft to which Part 42 of CASR 1998 applies; and

(b)   has a minimum equipment list (MEL) that permits operation of the aircraft for a flight with a defect before the expiration of a designated rectification interval; and

(c)   has an affected defect.

affected defect, for an aircraft, means a defect:

(a)   which is included in the MEL for the aircraft; and

(b)   for which the designated rectification interval for the defect has expired.

designated rectification interval, for a defect in an aircraft, means the period within which the MEL permits the operation of the aircraft for a flight with the defect.

extended rectification interval, for a defect listed in a MEL that has a designated rectification interval, means a period that:

(a)   is equal to the designated rectification interval; and

(b)   commences immediately after the expiration of the designated rectification interval.

3          Application

                 This instrument applies to:

(a)   the registered operator of an affected aircraft; and

(b)   the person responsible for continuing airworthiness of an affected aircraft; and

(c)   a qualified individual who defers the rectification of a defect in an affected aircraft.

4          Exemptions

(1) The person mentioned in paragraph 3 (a) is exempt from the requirements of paragraphs 42.030 (2) (a) and (e) of CASR 1998 in relation to an affected defect.

(2) The person mentioned in paragraph 3 (b) is exempt from the requirement of subregulation 42.110 (1) of CASR 1998, to the extent that it requires compliance with regulation 42.115 of CASR 1998, in relation to an affected defect.

(3) The person mentioned in paragraph 3 (c) is exempt from the requirements of regulation 42.360 of CASR 1998 in relation to an affected defect.

5          Conditions

                 The exemption is subject to the conditions mentioned in Schedule 1.

Schedule 1          Conditions

        1     Subject to clause 2, the affected aircraft may only be operated with the affected defect if:

(a)   operation of the aircraft beyond the designated rectification interval for the defect is permitted by the approval of a permissible unserviceability under subregulation 37 (1) of the Civil Aviation Regulations 1988 (CAR 1988); and

(b) the aircraft is used in accordance with all conditions set out in any direction made under subregulation 37 (2) of CAR 1988 relating to the defect.

        2     The approval of the permissible unserviceability mentioned in paragraph 1 (a) must have been given by an officer of CASA if:

(a)   the defect is listed in the MEL as having a Category A rectification interval or a Category D rectification interval; or

(b)   the extended rectification interval for the defect has expired.