CASA EX64/18 — Operation of Aircraft with Defect Beyond Designated Rectification Interval Exemption 2018 (Cth)

Instrument number CASA EX64/18

I, GRAEME MILLS CRAWFORD, Group Executive Manager, Aviation, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed G.M. Crawford]

Graeme M. Crawford
Group Executive Manager, Aviation

29 May 2018

CASA EX64/18 — Operation of Aircraft with Defect Beyond Designated Rectification Interval Exemption 2018

1          Name

                 This instrument is CASA EX64/18 — Operation of Aircraft with Defect Beyond Designated Rectification Interval Exemption 2018.

2          Duration

                 This instrument:

(a)   commences on 1 June 2018; and

(b)   is repealed at the end of 31 May 2021.

3          Definitions

Note   In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations, including: minimum equipment list, registered operator; for an aircraft, the person responsible for continuing airworthiness and, for a defect in an aircraft, qualified individual.

                 In this instrument:

affected aircraft means an aircraft that:

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

(b)   has a 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 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.

MEL, for an aircraft,means the minimum equipment list for the aircraft, as existing from time to time.

4          Exemption — registered operator

        (1)     The registered operator of an affected aircraft is exempt from compliance with subregulation 42.030 (1) of CASR to the extent that the subregulation requires compliance with paragraphs 42.030 (2) (a) and (e) of CASR in relation to an affected defect.

     (2)     The exemption is subject to the condition that the registered operator of the affected aircraft must ensure that:

(a)   the aircraft is only operated with the affected defect if:

             (i)  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 CAR; and

            (ii)  the aircraft is used in accordance with all conditions set out in any direction made under subregulation 37 (2) of CAR relating to the affected defect; and

(b)   the approval of the permissible unserviceability mentioned in subparagraph (2) (a) (i) has been given by an officer of CASA if:

             (i)  the defect is listed in the MEL as having a designated rectification interval of “Category A” or “Category D”; or

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

5          Exemption — person responsible for continuing airworthiness

        (1)     The person responsible for continuing airworthiness of an affected aircraft is exempt from compliance with subregulation 42.110 (1) of CASR to the extent that the subregulation requires compliance with regulation 42.115 of CASR in relation to an affected defect.

        (2)     The exemption is subject to the condition that the person must ensure that operation of the affected aircraft beyond the designated rectification interval for the defect is permitted by an approval of a permissible unserviceability under subregulation 37 (1) of CAR.

6          Exemption — qualified individual

        (1)     A qualified individual for an affected defect in an aircraft is exempt from compliance with regulation 42.360 of CASR in relation to the affected defect.

        (2)     The exemption is subject to the condition that the qualified individual must be satisfied, before deferring rectification of the affected defect, that operation of the affected aircraft beyond the designated rectification interval for the defect is permitted by the approval of a permissible unserviceability under subregulation 37 (1) of CAR.