Civil Aviation Regulations (Amendment) (Cth)

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Statutory Rules 1991 No. 487

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Civil Aviation Regulations (Amendment)

TABLE OF PROVISIONS

PART 1—AMENDMENT

Regulation

1. Commencement

2. Amendment

3. Regulation 2 (Interpretation)

4. New regulation 2a:

2a. Approved maintenance data

5. Regulation 24 (Certificates of airworthiness of Australian aircraft)

6. Heading to Division 4 of Part IV

7. Regulation 30 (Certificates of approval)

8. New regulations:

30a. Changes to certificates of approval

30b. Notice of events to be given

9. New regulations:

33a. Notice of decisions

33b. Airworthiness authorities

10. New heading:

Division 5 - Miscellaneous

11. Regulation 34 (Systems of certification of completion of activities other than maintenance)

12. Regulation 35 (Approval of design of modification or repair)

13. New regulation 36a:

36a. Use of aircraft material in the maintenance, servicing and operation of Australian aircraft

            

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TABLE OF PROVISIONS—continued

Regulation

14. New Division:

Division 6—Airworthiness Directives

37a. Airworthiness directives

15. Omission of regulation 38

16. Omission of regulation 39

17. Omission of regulation 40

18. Omission of regulation 41

19. Omission of regulation 42 and substitution of new Part:

PART IVa—MAINTENANCE

Division 1Maintenance Directions by Authority

38. Maintenance directions

Division 2—Maintenance for which Holder of Certificate of Registration Responsible

Subdivision AClass A Aircraft

39. Maintenance required by approved system of maintenance

40. Defective or inappropriate system of maintenance

Subdivision B—Class B Aircraft

41. Maintenance schedule and maintenance instructions

42. Defective or inappropriate maintenance schedule

42a. Maintenance schedule: manufacturer’s maintenance schedule

42b. Maintenance schedule: CAA maintenance schedule

42c. Maintenance schedule: approved system of maintenance

42d. Can there be more than one maintenance schedule?

42e. Elections

42f. Effect of change of holder of certificate of registration

Subdivision C—Miscellaneous

42g. Flight control system: additional requirements

42h. Exemptions and variations

Division 3—Approved Systems of Maintenance

42j. System of maintenance: request for approval

42k. System of maintenance: submission to authority

42l. System of maintenance: matters to be included

42m. System of maintenance: approval

TABLE OF PROVISIONS—continued

42n. When approval is effective

42p. Request for approval of changes

42q. Authority may direct changes

42r. Approval of changes

42s. When approval of a change is effective

42t. All changes must be approved

Division 4—How Maintenance is to be Carried Out

42u. Modifications and repairs: approved designs

42v. Maintenance: approved maintenance data

42w. Installation and use of aircraft components in maintenance—Australian aircraft in Australian Territory

42x. Use of aircraft materials in maintenance—Australian aircraft in Australian territory

42y. Time-lifed aircraft components—exemption from supply under cover of document requirements

42z. Removable items of radiocommunications equipment in VFR aircraft—exemption from certification requirements

42za. Use of aircraft components, aircraft materials etc. in maintenance—Australian aircraft outside Australian territory

42zb. Exemptions and variations

Division 5—Who May Carry Out Maintenance

42zc. Maintenance on Australian aircraft in Australian territory

42zd. Maintenance on Australian aircraft outside Australian territory

Division 6—Certification of Completion of Maintenance

Subdivision A—Maintenance in Australian Territory

42ze. Certification of completion of maintenance on aircraft in Australian territory

42zf. Request for approval of system of certification

42zo. Approval of system of certification

42zh. When approval is effective

42zj. Changes to an approved system of certification

42zk. Approval of changes

42zl. When approval of a change is effective

42zm. All changes must be approved

Subdivision B—Maintenance Outside Australian Territory

42zn. Certification of maintenance outside Australian territory

TABLE OF PROVISIONS—continued

Subdivision C —Miscellaneous

42zp. Certification not to be made

Division 7—Exemptions From, and Variations of, Requirements

42zq. Requirements to which Division applies

42zr. Application for exemption from, or variation of, requirements

42zs. Granting of exemptions and approval of variations

42zt. When grant or approval is effective

42zu. Effect of grant of exemption or approval of variation

Division 8—Maintenance Control Manual and Maintenance Controller

42zv. Maintenance control manual and maintenance controller: class A aircraft

Division 9—Maintenance Releases

20. Regulation 43 (Maintenance releases in respect of Australian aircraft)

21. Regulation 44 (Conditions with respect to maintenance releases)

22. Regulation 46 (Information to be passed to other persons)

23. Regulation 47 (Maintenance release to cease to be in force)

24. Regulation 48 (Maintenance release to recommence to be in force)

25. Regulation 49 (Permissible unserviceabilities to be endorsed on maintenance releases)

26. Regulation 50 (Defects and major damage to be endorsed on maintenance release)

27. New headings and regulations:

Division 10—Aircraft Log Books

50a. Aircraft log book

50b. Alternative to aircraft log book or section of aircraft log book

50c. Directions relating to aircraft maintenance records

50d. Inspection of records

Division 11—Miscellaneous

50e. Inconsistent requirements - resolution of inconsistencies

50f. Notice of maintenance to be given

28. Regulation 51 (Reporting of defects in Australian aircraft—general)

29. Omission of regulation 52 and substitution of new regulations:

51a. Reporting of defects in Australian aircraft: major defects

51b. Defects discovered in complying with directions by the Authority

52. Defects discovered in aircraft components

TABLE OF PROVISIONS—continued

52a. How must reports to Authority be made?

52b. Keeping of defective aircraft and aircraft components

30. Omission of regulation 54

31. Regulation 133 (Australian aircraft and unregistered aircraft)

32. Omission of regulation 230 and substitution of new regulation:

230. Starting and running of engines

33. Regulation 231 (Manipulation of propeller)

34. Regulation 297a (Review of decisions)

35. New Schedules 5, 6, 7, 8 and 9

PART 2—TRANSITIONAL, SAVINGS AND APPLICATION PROVISIONS

36. Interpretation

37. Certificates of approval

38. Airworthiness authorities

39. Certification of completion of activities

40. Airworthiness directives

41. Directions relating to maintenance

42. Approved systems of maintenance

43. Maintenance of Australian aircraft in Australian territory

44. Use of aircraft material in the servicing and operation of Australian aircraft

45. Application of new regulation 39 (Maintenance required by approved system of maintenance)

46. Application of new regulation 41 (Maintenance schedule and maintenance instructions)

47. Application of new regulation 50c (Directions relating to aircraft maintenance records) to records made before the commencement

48. Transitional: delegations

SCHEDULE 1

NEW SCHEDULES 5, 6, 7, 8 and 9 TO BE ADDED TO THE CIVIL AVIATION REGULATIONS

 

TRIPLICATE COPY

(Statutory Rules and Territory Ordinance)

Administering Department: please include this copy in documents sent to Federal Executive Council Secretariat in connection with making of this legislation. Ex. Co. Secretariat; please complete this copy by insertion of signatures and date of making, and send to: Legislative & Services Section, Commercial & Drafting Division, Attorney-General’s Department.

Statutory Rules 1991 No.4871

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Civil Aviation Regulations2 (Amendment)

 

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 23 December 1991.

BILL HAYDEN

Governor-General

By His Excellency's Command,

BOB COLLINS

Minister of State for Shipping

and Aviation Support

________

 

PART 1—AMENDMENT

1.Commencement

1.1 These Regulations commence on 1 March 1992.

 

2.Amendment

2.1 The Civil Aviation Regulations are amended as set out in these Regulations.

        

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3.Regulation 2 (Interpretation)

3.1 Subregulation 2 (1) (definition of "maintenance documents"):

Omit the definition.

3.2 Subregulation 2 (1):

Insert the following definitions:

"'aircraft log book' means a log book kept for the purposes of subregulation 50a (1);

'aircraft maintenance record' means:

(a) an aircraft log book; or

(b) an approved alternative maintenance record;

'airworthiness authority' means an authority under regulation 33b;

'airworthiness directive' means a directive under regulation 37a;

'approved alternative maintenance record' means a record kept for the purposes of subregulation 50b (3) or (4);

'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;

'aviation authority' means:

(a) in relation to Australia—the Civil Aviation Authority; and

(b) in relation to any other country—the authority that has responsibility for regulating the airworthiness standards of civil aircraft in the country;

'CAA maintenance schedule' means the schedule set out in Schedule 5;

'CAA system of certification of completion of maintenance' means the system of certification of completion of maintenance set out in Schedule 6;

'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 authorised by an Air Operator's Certificate to be used for the commercial purpose referred to in paragraph 206 (c);

[NOTE: Subregulation 2 (2c) sets out how an aircraft is certificated as a transport category aircraft.]

                          

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'class B aircraft' means an Australian aircraft that is not a class A aircraft;

'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;

'hot air airship' means an airship given buoyancy by hot air;

'maintenance instruction' means an instruction that is issued by:

(a) the Authority 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 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;

'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;

'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;

'time-lifed aircraft component' means an aircraft component (including an engine or propeller) that:

(a) the manufacturer of the component; or

                         

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(b) if the component has been modified—the designer of the modification; or

(c) the Authority;

has instructed must be retired or overhauled or removed from an aircraft within a particular period;".

3.3 After subregulation 2 (2), insert:

"(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.".

3.4 Subregulation 2 (9):

Omit ", 27, 38, 46, 47 or 54”, substitute "or 27".

 

4.New regulation 2a

4.1 After regulation 2, insert:

                              

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Approved maintenance data

"2a. (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 the Authority 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 the Authority 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) The Authority 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 the Authority thinks is deficient is not included in the approved maintenance data for an aircraft, aircraft component or aircraft material.

                           

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"(4) The Authority 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.".

 

5.Regulation 24 (Certificates of airworthiness of Australian aircraft)

5.1 Paragraph 24 (2) (e):

Omit the paragraph, substitute:

"(e) satisfies the Authority or the authorised person that all maintenance required to be carried out on the aircraft to comply with these regulations or directions under these regulations:

(i) has been carried out; and

(ii) has been certified in accordance with regulation 42ze or 42zn; and".

 

6.Heading to Division 4 of Part IV

6.1 Omit the heading, substitute:

"Division 4Certificates of Approval, Aircraft Maintenance Engineer Licences and Airworthiness Authorities".

7.Regulation 30 (Certificates of approval)

7.1 Subregulation 30 (2):

Omit the subregulation, substitute:

"(2) An application 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

                           

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(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) The Authority must grant the applicant a certificate of approval covering the activities to which the application relates if the Authority 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), the Authority 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;

                         

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(iii) the design of aircraft materials;

(iv) the manufacture of aircraft;

(v) the manufacture of aircraft components;

(vi) the manufacture 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 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;

                        

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(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.]".

 

8.New regulations

8.1 After regulation 30, insert:

Changes to certificates of approval

"30a. (1) The holder of a certificate of approval may, in writing, request the Authority 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) The Authority must approve the change if the Authority 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), the Authority must have regard to the matters referred to in subregulation 30 (2b).

                          

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"(5) If the Authority 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.

Notice of events to be given

"30b. (1) Subject to subregulation (2), the Authority may, by notice in writing given to the holder of a certificate of approval, require the holder to notify the Authority of the happening of an event specified in the notice within a specified period.

"(2) Events specified in the notice must be events that the Authority 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 for contravention of this subregulation: $500.".

9.New regulations

9.1 After regulation 33, insert in Division 4 of Part IV:

 

Notice of decisions

"33a. (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) The Authority must, in writing, notify the person of its decision in relation to the application or request.

"(3) If the Authority decides not to grant the certificate or licence, or not to approve the change, the Authority must include in the notice a statement of the reasons for the decision.

                              

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Airworthiness authorities

"33b. (1) The Authority 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;

(b) authorities to carry out welding in the course of the manufacture or maintenance of 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 the Authority 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, without reasonable excuse, contravene a condition to which an airworthiness authority is subject.

Penalty for a contravention of this subregulation: $5,000.".

 

10.New heading

10.1 Heading to Division 5 of Part IV:

Omit the heading, substitute:

"Division 5Miscellaneous".

 

11.Regulation 34 (Systems of certification of completion of activities other than maintenance)

11.1 Subregulation 34 (1):

Omit the subregulation, substitute:

"(1) The Authority may give a direction to the holder of a

                         

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certificate of approval covering activities, other than the maintenance of aircraft, aircraft components or aircraft materials, requiring the holder to submit to the Authority a proposed system of certification of the completion of stages of the activities to which the certificate of approval relates.".

11.2 Subregulation 34 (3):

Omit "his or her certificate, licence or authority relates, and any other activities to which an aircraft maintenance engineer licence held by an employee relates", substitute "the certificate of approval relates".

 

12.Regulation 35 (Approval of design of modification or repair)

12.1 Subregulation 35 (7):

Omit all words after "being", substitute "a person permitted by regulation 42zc to carry out maintenance on an Australian aircraft or an employee of the person".

 

13.New regulation 36a

13.1 After regulation 36, insert:

Use of aircraft material in the maintenance, servicing and operation of Australian aircraft

"36a. (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) The Authority 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 unless:

(a) the aircraft material conforms to the specification; or

(b) the Authority or an authorised person has approved the use of

                            

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 the aircraft material for that purpose.

Penalty: $5,000.

"(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.".

 

14.New Division

14.1 After regulation 37, insert:

"Division 6Airworthiness Directives

 

Airworthiness directives

"37a. (1) Where the Authority considers that an unsafe condition:

(a) exists; or

(b) is likely to exist; or

(c) is likely to develop;

in:

(d) an aircraft or a specified type or category of aircraft; or

(e) an aircraft component or a specified type or category of aircraft component; or

(f) an item of aircraft equipment or a specified type or category of aircraft equipment;

the Authority may, in Civil Aviation Orders or otherwise in writing, issue an airworthiness directive requiring a person to take the action specified in the directive to remedy the unsafe condition of the aircraft, aircraft component or aircraft equipment.

"(2) An airworthiness directive has effect only in so far as it relates to the safe navigation, operation or maintenance of an aircraft, aircraft component or aircraft equipment.

"(3) An airworthiness directive may direct a person not to fly an aircraft, or a type or category of aircraft, specified in the directive unless

                         

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the person has taken the action specified in the directive to remedy the unsafe condition of the aircraft, aircraft component or equipment, as the case may be, to which the directive relates.

"(4) An airworthiness directive may require a person to comply with an airworthiness directive (in this subregulation called a 'foreign directive') issued by the aviation authority of a country other than Australia, being a foreign directive specified in the airworthiness directive.

"(5) An airworthiness directive may require a person to comply with a provision of a law of a country other than Australia, being a provision that is specified in the airworthiness directive and that relates to the safe navigation, operation or maintenance of an aircraft, aircraft component or aircraft equipment.

"(6) An airworthiness directive may require a person to comply with an instruction, direction or requirement issued by the manufacturer of:

(a) the aircraft or aircraft type or category; or

(b) the aircraft component or type or category of aircraft component; or

(c) the item of aircraft equipment or type or category of aircraft equipment;

to which the airworthiness directive relates, being an instruction, direction or requirement specified in the airworthiness directive.

"(7) A person must not:

(a) fly an aircraft in contravention of a direction or requirement in an airworthiness directive; or

(b) otherwise contravene an airworthiness directive.

Penalty: $5,000.

"(8) If an airworthiness directive is not issued in the form of a Civil Aviation Order it is not binding on a person unless it is served on the person.

"(9) In this regulation 'aircraft component' means an aircraft engine or an aircraft propeller.".

                              

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15.Regulation 38 (Requirements for the maintenance of Australian aircraft)

15.1 Omit the regulation.

 

16.Regulation 39 (Maintenance of Australian aircraft in Australian territory)

16.1 Omit the regulation.

 

17. Regulation 40 (Use of aircraft material in the servicing etc. of Australian aircraft)

17.1 Omit the regulation.

 

18. Regulation 41 (Maintenance of Australian aircraft outside Australian territory)

18.1 Omit the regulation.

 

19. Regulation 42 (No certification unless aircraft component etc. is serviceable)

19.1 Omit the regulation, substitute:

 

"PART IVa—MAINTENANCE

 

"Division 1Maintenance Directions by Authority

 

Maintenance directions

"38. (1) The Authority 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.

"(4) If a direction relating to an aircraft is binding on the holder of

                         

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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: $5,000

 

"Division 2Maintenance for which Holder of Certificate of Registration Responsible

"Subdivision AClass A Aircraft

 

Maintenance required by approved system of maintenance

"39. (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.

"(2) A class A aircraft must not be used in any operations unless:

(a) there is an approved system of maintenance for the aircraft; and

(b) that system includes provision for the maintenance of all aircraft components from time to time included in or fitted to the aircraft.

Penalty: $5,000.

[NOTE: A system of maintenance is approved under regulation 42m.]

 

Defective or inappropriate systems of maintenance

"40. If the holder of the certificate of registration for a class A aircraft becomes aware that the aircraft's approved system of maintenance is no longer appropriate, or is defective, the holder must, as soon as practicable, make a request under regulation 42p for the Authority or an authorised person to approve such changes to the system as will ensure that the system is appropriate, or is not defective, as the case requires.

Penalty: $2,500.

                         

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"Subdivision BClass B Aircraft

Maintenance schedule and maintenance instructions

"41. (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.

[NOTE: The maintenance schedule for a class B aircraft can be the manufacturer's maintenance schedule (see regulation 42a), the CAA maintenance schedule (see regulation 42b) or a system of maintenance approved under regulation 42m (see regulation 42c).]

"(2) A class B aircraft must not be used in any operations unless:

(a) it has a maintenance schedule; and

(b) the maintenance schedule includes provision for the maintenance of all aircraft components from time to time included in or fitted to the aircraft.

Penalty: $5,000.

 

Defective or inappropriate maintenance schedule

"42. If the holder of the certificate of registration for a class B aircraft becomes aware that the aircraft's maintenance schedule is defective, or no longer appropriate, the holder must, as soon as practicable, report the situation to the Authority and take one of the following actions to ensure that there is a maintenance schedule for the aircraft that is not defective and that is appropriate:

(a) if the aircraft's maintenance schedule is the manufacturer's maintenance schedule:

(i) elect to use the CAA maintenance schedule as the aircraft's maintenance schedule; or

(ii) under regulation 42j, request the Authority or an authorised person to approve a system of maintenance for the aircraft;

(b) if the aircraft's maintenance schedule is the CAA maintenance schedule:

(i) elect to use the manufacturer's maintenance schedule as the maintenance schedule for the aircraft; or

                          

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(ii) under regulation 42j, request the Authority 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 the Authority 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 CAA maintenance schedule as the maintenance schedule for the aircraft.

Penalty: $2,500.

 

Maintenance schedule: manufacturer's maintenance schedule

"42a. (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 the Authority 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) the Authority 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

                            

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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 CAA maintenance schedule that deal with the maintenance of electrical

                           

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instrument and radio systems;

those sections of the CAA maintenance schedule are to be taken to form part of the manufacturer's maintenance schedule and the election has effect accordingly.

"(6) The Authority may, for the purpose of ensuring the safety of air navigation, declare in writing that a manufacturer's maintenance schedule that the Authority thinks is inadequate must not be used as an aircraft's maintenance schedule.

 

Maintenance schedule: CAA maintenance schedule

"42b. (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 CAA maintenance schedule for the aircraft's maintenance; and

(b) the election is in force;

the aircraft's maintenance schedule is the CAA maintenance schedule.

"(2) If:

(a) a person has elected to use the CAA 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 CAA maintenance schedule and the election has effect accordingly.

 

Maintenance schedule: approved system of maintenance

"42c. If:

(a) the Authority 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.

 

Can there be more than one maintenance schedule?

"42d. If, apart from this regulation, there would be more than one maintenance schedule for an aircraft, the maintenance schedule for the aircraft is:

                      

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(a) if:

(i) the Authority 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 the Authority; 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 the Authority has most recently approved, as the case may be.

 

Elections

"42e. (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 the Authority.

"(2) An election stops being in force if the person who made it revokes it by written notice given to the Authority.

 

Effect of change of holder of certificate of registration

"42f. 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 C—Miscellaneous

 

Flight control system: additional requirements

"42g. (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

                    

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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 the Authority 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) The Authority 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) the Authority or 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.

                             

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Exemptions and variations

"42h. This Division has effect subject to Division 7 ('Exemptions from, and variations of, requirements').

 

"Division 3Approved Systems of Maintenance

 

System of maintenance: request for approval

"42j. (1) The holder of the certificate of registration for an Australian aircraft may, in writing, request the Authority 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.

 

System of maintenance: submission to Authority

"42k. The Authority 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 the Authority for approval.

 

System of maintenance: matters to be included

"42l. 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

                       

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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.

 

System of maintenance: approval

"42m. (1) If:

(a) the Authority or an authorised person receives a request for approval of a system of maintenance; and

(b) the Authority or 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;

the Authority or 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 the Authority, the following provisions have effect:

(a) if the Authority 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;

the Authority must approve the system;

(b) if the Authority is not satisfied as mentioned in paragraph (a), the Authority may:

(i) modify the system so that the Authority is so satisfied and approve the modified system; or

                             

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(ii) refuse to approve the system.

"(3) In deciding whether a system of maintenance adequately provides for the continued airworthiness of an aircraft, the Authority or 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 CAA maintenance schedule.

"(4) The Authority or authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of the Authority's or authorised person's decision in relation to the system submitted.

"(5) If the Authority or authorised person decides:

(a) not to approve the system of maintenance; or

(b) to modify the system of maintenance;

the Authority or authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

 

When approval is effective

"42n. (1) If the Authority 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) the Authority 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 the Authority 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

                           

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a direction of a kind referred to in regulation 42k stops being in force if the Authority revokes the approval by written notice given to the holder of the certificate of registration for the aircraft concerned.

"(4) The Authority must not revoke an approval of a system of maintenance unless the Authority thinks it is necessary to do so for the purpose of ensuring the safety of air navigation.

 

Request for approval of changes

"42p. (1) The holder of the certificate of registration for an aircraft for which there is an approved system of maintenance may, in writing, request the Authority 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.

 

Authority may direct changes

"42q. The Authority 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 the Authority for approval.

 

Approval of changes

"42r. (1) If:

(a) the Authority or an authorised person receives a request for approval of a change to an approved system of maintenance; and

(b) the Authority or 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;

the Authority or authorised person must approve the change.

                         

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"(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 the Authority, the following provisions have effect:

(a) if the Authority 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;

the Authority must approve the change;

(b) if the Authority is not satisfied as mentioned in paragraph (a), the Authority may:

(i) modify the change so that the Authority 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, the Authority or 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 CAA maintenance schedule.

"(4) The Authority or authorised person must, in writing, notify the holder of the certificate of registration for the aircraft concerned of the Authority's or authorised person's decision in relation to the change submitted.

"(5) If the Authority or authorised person decides:

(a) not to approve the change; or

(b) to modify the change;

the Authority or authorised person must include in the notice required by subregulation (4) a statement of the reasons for that decision.

                         

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When approval of a change is effective

"42s. If the Authority 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.

 

All changes must be approved

"42t. 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 4How Maintenance is to be Carried Out

Modifications and repairs: approved designs

"42u. A person must not modify or repair an Australian aircraft unless:

(a) the design of the modification or repair:

(i) has been approved under regulation 35; or

(ii) has been specified by the Authority in, or by means of, an airworthiness directive or a direction under regulation 25 or 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: $5,000.

 

Maintenance: approved maintenance data

"42v. (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: $5,000.

[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').

                          

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Installation and use of aircraft components in maintenance—Australian aircraft in Australian territory

"42w. (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 must not replace an aircraft component in the aircraft with another aircraft component unless:

(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

(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: $5,000.

"(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 the aircraft unless the following requirements are satisfied:

(a) if the component was supplied to the person by another person and the component:

(i) is an aircraft component that:

(A) can be identified by a manufacturer's serial number; and

                           

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 (B) has never been included in or fitted to an aircraft; or

(ii) is a time-lifed aircraft component; or

(iii) has had maintenance carried out on it;

the component was supplied by the other person together with a document that satisfies the requirements of subregulation (5);

(b) if the component has incorporated in it a component that was supplied to the person by another person, and the incorporated component:

(i) is an aircraft component that:

(A) can be identified by a manufacturer's serial number; and

(B) has never been included in or fitted to an aircraft; or

(ii) is a time-lifed aircraft component; or

(iii) has had maintenance carried out on it;

the incorporated component was supplied by the other person together with a document that satisfies the requirements of subregulation (5);

(c) completion of the manufacture of the component, and of any other aircraft component that is incorporated in the component, was certified:

(i) in accordance with a system of certification under regulation 34; or

(ii) if the manufacture was outside Australian territory—in a manner acceptable to the Authority;

(d) if the component, or another aircraft component that is incorporated in the component, has had maintenance carried out on it—completion of the maintenance was certified in accordance with regulation 42ze or 42zn;

(e) if the component, or another aircraft component that is incorporated in the component, 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 the Authority in, or by means of, an airworthiness directive or a direction under regulation 25 or 44; or

(iii) was specified in the component's, or the incorporated component's, approved maintenance data; or

                           

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(iv) if the modification or repair was carried out outside Australian territory—was approved or specified in a manner that is acceptable to the Authority having regard to the safety of air navigation.

 

Penalty: $5,000.

"(5) A document accompanying the supply of an aircraft component must:

(a) contain:

(i) a statement that sets out the name and business address of the person who supplied the component; and

(ii) a statement that identifies the component and that includes (if applicable) the part number, serial number and batch number (if any) of the component; and

(iii) if the component is a time-lifed aircraft component—a statement setting out:

(A) if the component has not been overhauled—the time in service of, or the number of cycles completed by, the component since new; and

(B) if the component has been overhauled—the time in service of, or number of cycles completed by, the component since its most recent overhaul; and

(iv) a list of all airworthiness directives that have been complied with in relation to the component; and

(v) if the component has been overhauled—details of any maintenance carried out on the component since its most recent overhaul and the data used in carrying out that maintenance; and

(vi) if the component has not been overhauled—details of all maintenance carried out on the component 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 component—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 component—the aviation authority of the country in which the component was manufactured; and

                             

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(c) be signed by:

(i) if maintenance has been carried out on the component 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 component 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 component—a person who is, is employed by, or is working under an arrangement with, the person who manufactured the component; and

(d) set out the date on which the person signed the document.

 

Use of aircraft materials in maintenance—Australian aircraft in Australian territory

"42x. (1) A person must not use an aircraft material in the aircraft unless 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: $5,000.

"(2) A document accompanying the supply of an aircraft material must:

(a) contain:

                              

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  • (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.

 

Time-lifed aircraft components—exemption from supply under cover of document requirements

"42y. If a person satisfies the Authority 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.

                             

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Removable items of radiocommunications equipment in VFR aircraft—exemption from certification requirements

"42z. (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.

 

Use of aircraft components, aircraft materials etc. in maintenance—Australian aircraft outside Australian territory

"42za. (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) Unless the Authority otherwise approves, the holder 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 use of the component, material or thing would be an offence against these regulations if the aircraft were in Australian territory.

Penalty: $5,000.

 

Exemptions and variations

"42zb. This Division has effect subject to Division 7 ('Exemptions from, and variations of, requirements').

                              

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"Division 5Who May Carry Out Maintenance

 

Maintenance on Australian aircraft in Australian territory

"42zc. (1) A person must not carry out maintenance on an Australian aircraft in Australian territory unless the person is permitted by this regulation to carry out the maintenance.

Penalty: $5,000.

"(2) 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 in Australian territory except by a person who is permitted by this regulation to carry out the maintenance.

Penalty: $5,000.

"(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 or an airworthiness 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

                              

91R563.DOC,14/11/91,10:0

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 the Authority 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 or an airworthiness 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 or an airworthiness 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 or an airworthiness 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 the Authority under

                          

91R563.DOC, 14/11/91, 10:08

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) welding;

the person is authorised by the Authority 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) The Authority 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) the Authority or 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.

Maintenance on Australian aircraft outside Australian territory

"42zd. (1) The holder of the certificate of registration for, or the operator or pilot in command of, an Australian aircraft must not authorise

                               

91R563.DOC, 14/11/91, 10:08

or permit any maintenance to be carried out on the aircraft outside Australian territory except by a person who is permitted by this regulation to carry out maintenance.

Penalty: $2,500.

"(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 the Authority 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) The Authority may, in writing, authorise a person for the purposes of paragraph (2) (c).

"(4) An authorisation is subject to any conditions that:

(a) the Authority 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 A—Maintenance in Australian Territory

Certification of completion of maintenance on aircraft in Australian territory

"42ze. (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 CAA system of certification of completion of maintenance.

                            

91R563.DOC, 14/11/91, 10:08

Penalty: $5,000.

"(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.

Request for approval of system of certification

"42zf. (1) A person who is, or who may be, required by regulation 42ze to ensure completion of maintenance is certified may, in writing, request the Authority to approve a system of certification of completion of maintenance.

"(2) The request must be accompanied by a copy of the system.

Approval of system of certification

"42zg. (1) If:

(a) the Authority receives a request for approval of a system of certification of completion of maintenance; and

(b) the Authority is satisfied that, having regard to the CAA system of certification of completion of maintenance, the system adequately provides for certification of the completion of the maintenance;

the Authority must approve the system.

"(2) The Authority must, in writing, notify the person who requested approval of the system of certification of the Authority's decision in relation to the system.

"(3) If the Authority decides not to approve the system of certification the Authority must include in the notice a statement of the reasons for that decision.

When approval is effective

"42zh. (1) If the Authority 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.

                            

91R563.DOC, 14/11/91, 10:08

"(2) The approval stops being in force if:

(a) it is revoked by the Authority by written notice given to the person who requested approval of the system; or

(b) the person who requested approval of the system gives the Authority written notice that the person no longer wants to use the system.

"(3) The Authority must not revoke an approval of a system of certification of completion of maintenance unless the Authority thinks it is necessary to do so for the purpose of ensuring the safety of air navigation.

Changes to an approved system of certification

"42zj. (1) A person who has an approved system of certification of completion of maintenance may, in writing, request the Authority 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.

Approval of changes

"42zk. (1) If:

(a) the Authority or an authorised person receives a request for approval of a change to an approved system of certification of completion of maintenance; and

(b) the Authority or authorised person is satisfied that, having regard to the CAA 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;

the Authority or authorised person must approve the change.

"(2) The Authority or the authorised person must, in writing, notify the person who requested approval of the change of the Authority's or authorised person's decision in relation to the request.

"(3) If the Authority or the authorised person decides not to approve the proposed change, the Authority or authorised person must include in the notice a statement of the reasons for that decision.

                              

91R563.DOC, 14/11/91, 10:08

When approval of a change is effective

"42zl. If the Authority 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.

All changes must be approved

"42zm. 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 BMaintenance Outside Australian Territory

Certification of maintenance outside Australian territory

"42zn. 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, unless:

(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 the Authority to certify the completion of the maintenance; and

(b) the certification is made in a manner that is acceptable to the Authority having regard to the safety of air navigation.

Penalty: $5,000.

"Subdivision C—Miscellaneous

Certification not to be made

"42zp. (1) A certification for the completion of maintenance carried out on an aircraft, aircraft component or aircraft material must not be made unless the maintenance was carried out in accordance with the approved

                           

91R563.DOC, 14/11/91, 10:08

maintenance data for the aircraft, aircraft component or aircraft material.

Penalty: $5,000.

[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.

"Division 7Exemptions From, and Variations Of, Requirements

Requirements to which Division applies

"42zq. (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:

(a) an airworthiness directive; or

(b) a direction issued by the Authority under regulation 25, 38 or 44; or

(c) a document or design approved under regulation 22 or 35; 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.

Application for exemption from, or variation of, requirements

"42zr. (1) The holder of the certificate of registration for an Australian aircraft may apply, in writing, to the Authority 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.

                            

91R563.DOC, 14/11/91, 10:08

"(2) The application must set out:

(a) particulars of the exemption or variation sought; and

(b) the wheels, brakes and anti-skid system;

(c) the nose wheel steering system;

(d) the position and warning system;

(e) the anti-retract system.

                  

91R563.DOC,14/11/91,11:17

SCHEDULE 1—continued

(12) Inspect lights in or on the following areas:

(a) the flight compartment, the passenger compartment and the cargo and service compartment;

(b) the exterior and emergency systems.

(13) Inspect the electrical components and interwiring of pneumatic systems.

(14) Inspect the electrical or electronic control panels, equipment racks and junction boxes.

(15) Inspect the electrical components and interwiring of passenger, crew and cargo doors.

(16) Inspect the electrical components and interwiring of the propeller control and anti/de-ice systems.

(17) Inspect the electrical harnesses, excluding the ignition harness.

(18) Inspect the electrical components and interwiring of the engine fuel and engine control systems.

(19) Take the following action in relation to the ignition:

(a) inspect the electrical power supplies;

(b) inspect the booster coils, vibrator systems and high energy ignition systems;

(c) inspect the switching, including by performing an insulation check of the magneto switch leads.

(20) Inspect the engine starting system.

Section 4—The instruments

(1) Check the external and internal required placards.

NOTE: Reference should be made to the aircraft flight manual and airworthiness directives for the required placards.

(2) Take the following action in relation to the auto-flight system:

(a) inspect the autopilot or the automatic flight control system, including the flight director and stability control augmentation;

(b) inspect the yaw damper system;

(c) inspect the speed-attitude correction system, including the auto-trim and mach-trim.

(3) Inspect the flight control surface indication systems.

                  

91R563.DOC,14/11/91,11:17

SCHEDULE 1—continued

(4) Inspect the fuel pressure and quantity indication systems.

(5) Inspect the hydraulic power indication system.

(6) Inspect the ice protection indication system.

(7) Take the following action in relation to indicating and recording systems:

(a) inspect the instrument and control panels;

(b) inspect the independent instrument systems, including the inclinometers, indicators and clocks;

(c) inspect the recorders, including the flight data recorders, performance or maintenance recorders.

(8) Take the following action in relation to navigation systems:

(a) inspect the flight environment data system, including:

(i) the central air data system; and

(ii) the pitot/static system, including instruments; and

(iii) the stall warning system;

(b) inspect the attitude and direction systems, including:

(i) the magnetic compass; and

(ii) the vertical attitude gyro system; and

(iii) the directional gyro system, including the magnetic referenced systems; and

(iv) the electronic flight instrument system and multi-function displays;

(c) inspect the independent position determining systems, including:

(i) the inertial navigation and reference systems; and

(ii) the ground proximity warning systems;

(d) inspect the flight management system, including the flight management and performance management systems.

(9) Take the following action in relation to oxygen systems:

(a) inspect the crew, passenger and portable systems;

(b) inspect the indicating systems.

(10) Inspect the pneumatic indicating systems, including the pressure gauge and warning indicators.

(11) Take the following action in relation to the instrument pressure or vacuum system:

(a) inspect the distribution system, including the filters, manifolds, regulating valves, check valves and plumbing;

(b) inspect the indicating system, including the pressure gauge and warning system.

91R563.DOC,14/11/91,11:17

SCHEDULE 1—continued

(12) Inspect the engine indicating systems, including fuel flow, temperature and pressure.

(13) Take the following action in relation to the engine indicating systems:

(a) inspect the power indicating system;

(b) inspect the temperature indication system;

(c) inspect the integrated engine instrument system.

(14) Inspect the oil indicating systems, including quantity, pressure and temperature.

(15) Inspect the water injection indicating system.

Section 5—The radio system

(1) Check the interior and exterior required placards including frequency charts.

NOTE: Reference should be made to the aircraft flight manual and airworthiness directives for the required placards.

(2) Take the following action in relation to communication and navigation systems:

(a) inspect the accessible interwiring, plugs and sockets;

(b) inspect the microphones, headsets and cords;

(c) inspect the fuses for adequacy of spares;

(d) inspect the antennae and antenna insulators;

(e) inspect the Emergency Location Transmitter/Crash Location Beacon batteries for electrolyte leakage and check that the battery life has not expired;

(f) inspect the removable units, mounting racks, vibration isolators and bonding straps;

(g) inspect the switches and controllers;

(h) inspect the radio panel lamps for adequate illumination;

(j) inspect the radio indicators for legibility.

(3) Take the following additional action in relation to communication systems in aircraft equipped for I.F.R. flight:

(a) inspect the HF communication system, including for correct performance by communication with ground stations or by other means;

(b) inspect the VHF communication system, including for correct performance by communication with ground stations or by other means;

(c) inspect the audio system, including for correct operation of all distribution and amplifying systems in all modes of operation.

(4) Take the following action in relation to navigation systems in aircraft equipped for I.F.R. flight:

                 

91R563.DOC,14/11/91,11:17

SCHEDULE 1—continued

(a) check the ADF system for accuracy and correct performance in all modes of operation within the limits specified in section 108.34 of the Civil Aviation Orders;

(b) check the VOR system for correct performance within the limits specified in section 108.34 of the Civil Aviation Orders;

(c) check the localiser system for correct performance within the limits specified in section 10834 of the Civil Aviation Orders;

(d) check the glideslope system for correct performance within the limits specified in section 108.34 of the Civil Aviation Orders;

(e) check the marker system for correct performance in all modes: an approved simulator may be used for these tests;

(f) inspect the DME system;

(g) inspect the Omega/VLF system;

(h) inspect the Doppler navigation system;

(j) inspect the weather radar system;

(k) check the ATC transponder system for correct performance in all modes using the self test facility: select code 0101 for this test;

(l) inspect the radio altimeter system;

(m) inspect the ground proximity warning system; and

(n) inspect the electronic flight instrument system.

Part 3—Post inspection check

3.1 On completion of each section of the inspection, check to ensure that all tools, maintenance equipment or rags have been removed from the aircraft and all panel, access doors, detachable fairings and fillets have been correctly secured.

_______________

SCHEDULE 6 Subregulation (1)

  • (definition of "CAA system of certification of

    completion of maintenance")

CAA SYSTEM OF CERTIFICATION OF COMPLETION OF MAINTENANCE

Part 1—Interpretation

What is meant by "the person who carries out the maintenance"?

1.1 In this Schedule, a reference to the person who carries out the maintenance does not include a reference to a person who performs maintenance in the course of his or her employment with an employer.

91R563.DOC,14/11/91,11:17

SCHEDULE 1—continued

What is meant by "performs maintenance"?

1.2 In this Schedule, a reference to the person who performs maintenance is a reference to the person who physically does the maintenance.

Supervisor to be responsible for work he or she supervises

1.3 In this Schedule, maintenance performed by a person who is permitted by paragraph 42zc (3) (b) or 42zc (4) (c) to carry out maintenance under the supervision of a person who holds an aircraft maintenance engineer licence is to be taken to have been performed by the person who supervised the maintenance and not by the first-mentioned person.

Part 2—Certification of completion of stages of maintenance and inspections under subregulation 42g (2)

What is to be certified?

2.1 A certification must be made for:

(a) the completion of each stage of maintenance; and

(b) the completion of an inspection under subregulation 42g (2).

Who is to certify?

2.2 A certification for completion of a stage of maintenance or an inspection under subregulation 42g (2) is only to be made by the person who performed the stage of maintenance or the inspection.

Note: Regulation 42c sets out who can perform maintenance.

Where must a certification be made?

2.3 A certification for completion of a stage of maintenance or an inspection under subregulation 42g (2) must be made:

(a) in the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance; or

(b) in the aircraft log book or approved alternative maintenance record for the aircraft.

2.4 If completion of an inspection under subregulation 42g (2) is certified in the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance, completion of the inspection must also be certified in the aircraft log book or approved alternative maintenance record for the aircraft.

What must be included in a certification?

2.5 A certification for completion of a stage of maintenance must:

(a) be signed by the person making the certification; and

                 

91R563.DOC,15/11/91,10:24

SCHEDULE 1—continued

(b) include the licence number, airworthiness authority number or certificate of approval number of the person making the certification; and

(c) include the date on which the certification was made; and

(d) set out details of the approved maintenance data used to carry out the maintenance; and

(e) if an exemption from or variation to a requirement is in force under regulation 42zs in relation to the aircraft—set out details of the exemption or variation; and

(f) if, in the course of carrying out the maintenance, the weight or balance of the aircraft has been varied—include a record of the variation; and

(g) if a special inspection was carried out—set out what was found as a result of the inspection; and

(h) if, in the course of carrying out the maintenance, an inspection using a non-destructive testing method was carried out—set out:

(i) the non-destructive testing method used in carrying out the inspection; and

(ii) the procedure used in carrying out the inspection; and

(iii) what was found as a result of the inspection; and

(j) include a list of airworthiness directives complied with in the course of carrying out the maintenance and set out any defects found in complying with those directives; and

(k) if, in the course of carrying out the maintenance, an aircraft component:

(i) that has had maintenance carried out on it; and

(ii) that was supplied to the person carrying out the maintenance by another person;

was fitted—set out the number of the document that covered the supply of the component in accordance with subregulation 42w (4);

(l) if, in the course of carrying out the maintenance, a time-lifed aircraft component was fitted or replaced:

(i) identify the component and specify (if applicable) the part number and serial number of the component; and

(ii) list the airworthiness directives that have been complied with in relation to the component; and

(iii) if the component was supplied to the person carrying out the maintenance by another person—set out the number of the document that covered the supply of the component in accordance with subregulation 42w (4); and

(iv) if the component has not been overhauled—set out the time in service of, or the number of cycles completed by, the component since new; and

(v) if the component has been overhauled—set out the time in service of, or number of cycles completed by, the component since its most recent overhaul; and

91R563.DOC,15/11/91,10:24

SCHEDULE 1—continued

(vi) if the component is an engine—set out the test performance figures of the engine;

(m) if, in the course of carrying out the maintenance, an aircraft material:

(i) that has had maintenance carried out on it; and

(ii) that was supplied to the person by another person; and

(iii) that is not a fluid;

was used—set out the number of the document that covered the supply of the material in accordance with subregulation 42x (1); and

(n) if a certification is made in the aircraft log book or approved alternative maintenance record for the aircraft—set out:

(i) the time in service of the aircraft since new; and

(ii) if the person making the certification is an employee—the name of the person's employer and the employer's certificate of approval number, licence number or airworthiness authority number.

2.6 A certification for completion of an inspection under subregulation 42g (2) must:

(a) set out which system was inspected; and

(b) be signed by the person making the certification; and

(c) include the licence number or airworthiness authority number or certificate of approval number of the person making the certification; and

(d) include the date on which the certification was made.

Part 3—Certification of co-ordination of maintenance

When is co-ordination of maintenance required?

3.1 If more than one person performs stages of maintenance within a category of maintenance, the person carrying out the maintenance must ensure that one of the persons specified in paragraph 3.5 co-ordinates the carrying out of that category of maintenance.

3.2 If:

(a) maintenance within more than one category of maintenance is carried out on an aircraft; and

(b) more than one person performs that maintenance;

the person carrying out the maintenance must ensure that one of the persons specified in paragraph 3.6 co-ordinates the carrying out of those categories of maintenance.

What is the responsibility of a person who co-ordinates maintenance?

3.3 A person who co-ordinates the carrying out of maintenance within a category of maintenance must ensure:

(a) that each stage of maintenance is performed by a person who is permitted by regulation 42zc to carry out the maintenance; and

(b) that a certification for the completion of each stage of maintenance is made by the person who performed the stage of maintenance; and

              

91R563.DOC,15/11/91,10:24

SCHEDULE 1— continued

(c) that the carrying out of each stage of maintenance does not adversely affect another stage of maintenance; and

(d) that the carrying out of the category of maintenance is completed.

3.4 A person who co-ordinates the carrying out of more than one category of maintenance must ensure:

(a) that each category of maintenance that is required to be co-ordinated by paragraph 3.1 is co-ordinated by a person specified in paragraph 3.5; and

(b) that a certification for the co-ordination of each category of maintenance that is required to be co-ordinated because of paragraph 3.1 is made by the person who co-ordinated the category of maintenance; and

(c) that the carrying out of each category of maintenance does not adversely affect another stage of maintenance; and

(d) that the carrying out of the maintenance is completed.

Who must co-ordinate maintenance within a category of maintenance?

3.5 If the carrying out of maintenance within a category of maintenance is required to be co-ordinated because of paragraph 3.1, the maintenance must be co-ordinated by one of the persons who performed a stage of maintenance within that category.

Who must co-ordinate maintenance across categories?

3.6 If the carrying out of different categories of maintenance is required to be coordinated because of paragraph 3.2, the maintenance must be co-ordinated by:

(a) if maintenance within a category of maintenance is performed by more than one person—the person co-ordinating the carrying out of maintenance within that category; or

(b) if maintenance within a category of maintenance is performed by one person—that person; or

(c) a person approved by the Authority to co-ordinate the carrying out of different categories of maintenance.

When and by whom does co-ordination of maintenance have to be certified?

3.7 If maintenance is required to be co-ordinated under this Part, the person who coordinates that maintenance must certify that it was co-ordinated.

What is the responsibility of a person who certifies for co-ordination of maintenance?

3.8 The person who co-ordinates the carrying out of maintenance within a category of maintenance must not certify for co-ordination of the maintenance unless the person is satisfied:

(a) that each stage of maintenance was performed by a person who is permitted by regulation 42zc to carry out the maintenance; and

(b) that a certification for completion of each stage of maintenance has been made by the person who performed the stage of maintenance; and

91R563.DOC,15/11/91,10:24

SCHEDULE 1— continued

(c) if the person thinks that the carrying out of a stage of maintenance adversely affected another stage of maintenance:

(i) that the affected stage of maintenance is no longer adversely affected; and

(ii) if maintenance was performed—that certification has been made for completion of the maintenance; and

(d) that the carrying out of the category of maintenance has been completed.

3.9 The person who co-ordinates the carrying out of more than one category of maintenance must not certify for co-ordination of the maintenance unless the person is satisfied:

(a) that each category of maintenance that was required to be co-ordinated by paragraph 3.1 was co-ordinated by a person specified in paragraph 3.5; and

(b) that a certification for the co-ordination of each category of maintenance that was required to be co-ordinated by paragraph 3.1 was made by the person who co-ordinated the maintenance; and

(c) if the person thinks that the carrying out of a category of maintenance adversely affected another category of maintenance:

(i) that the affected category of maintenance is no longer adversely affected; and

(ii) if maintenance was performed—that certification has been made for completion of the maintenance; and

(d) that the carrying out of the maintenance has been completed.

Where must a certification for co-ordination of maintenance be made?

3.10 A certification for the co-ordination of maintenance must be made:

(a) in the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance; or

(b) in the aircraft log book or approved alternative maintenance record for the aircraft.

What must be included in a certification for co-ordination of maintenance?

3.11 A certification for the co-ordination of maintenance must:

(a) be signed by the person making the certification; and

(b) include the licence number, airworthiness authority number or certificate of approval number of the person making the certification; and

(c) if the person making the certification is an employee—state the name of the person's employer and the employer's certificate of approval number, licence number or airworthiness authority number; and

(d) if the certification is for the co-ordination and completion of the carrying out of maintenance within a category of maintenance—set out the category of maintenance; and

(e) if the certification is for the co-ordination of the carrying out of different categories of maintenance—include a statement to that effect; and

               

91R563.DOC,15/11/91,10:24

SCHEDULE 1-continued

(f) include the date on which the certification was made.

Part 4—Final certification

When must a final certification be made?

4.1 A final certification for completion of maintenance on an aircraft must be made when:

(a) all of the maintenance required to be carried out on an aircraft at a particular time; and

(b) if the maintenance is required to be co-ordinated by Part 3—co-ordination of the maintenance;

has been completed and certified.

Where must a final certification be made?

4.2 A final certification for the completion of maintenance on an aircraft must be made in the aircraft log book or approved alternative maintenance record for the aircraft.

Who must certify?

4.3 A final certification must be made by:

(a) if one person certified for the carrying out of the maintenance—that person; or

(b) if the carrying out of maintenance within one category of maintenance only was co-ordinated—the person who co-ordinated the category of maintenance; or

(c) if the carrying out of different categories of maintenance was coordinated—the person who co-ordinated the maintenance.

What must be included in a final certification?

4.4 If certifications for completion of stages of maintenance are made in the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance, a final certification must:

(a) include a brief description of the type of maintenance carried out; and

(b) be signed by the person making the certification; and

(c) include the licence number, airworthiness authority number or certificate of approval number of the person making the certification; and

(d) set out the time in service of the aircraft since new; and

(e) if the person making the certification is an employee—state the name of the person's employer and the employer's certificate of approval number, licence number or airworthiness authority number; and

(f) set out details of the approved maintenance data used to carry out the maintenance; and

                    

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(g) if an exemption from or variation to a requirement is in force under regulation 42zs in relation to the aircraft—set out details of the exemption or variation; and

(h) if, in the course of carrying out the maintenance, the weight or balance of the aircraft has been varied—include a record of the variation; and

(j) if a special inspection was carried out—set out what was found as a result of the inspection; and

(k) if, in the course of carrying out the maintenance, an inspection using a nondestructive testing method was carried out—set out:

(i) the non-destructive testing method used in carrying out the inspection; and

(ii) the procedure used in carrying out the inspection; and

(iii) what was found as a result of the inspection; and

(l) include a list of airworthiness directives complied with in the course of carrying out the maintenance and a statement setting out any defects found in complying with those directives; and

(m) if, in the course of carrying out the maintenance, an aircraft component:

(i) that has had maintenance carried out on it; and

(ii) that was supplied to the person carrying out the maintenance by another person;

was fitted—set out the number of the document that covered the supply of the component in accordance with subregulation 42w (4); and

(n) if, in the course of carrying out the maintenance, a time-lifed aircraft component was fitted or replaced:

(i) identify the component and that includes (if applicable) the part number and serial number of the component; and

(ii) list the airworthiness directives that have been complied with in relation to the component; and

(iii) if the component was supplied to the person carrying out the maintenance by another person—set out the number of the document that covered the supply of the component in accordance with subregulation 42w (4); and

(iv) if the component has not been overhauled—set out the time in service of, or the number of cycles completed by, the component since new; and

(v) if the component has been overhauled—set out the time in service of, or number of cycles completed by, the component since its most recent overhaul; and

(vi) if the component is an engine—set out the test performance figures of the engine; and

(p) if, in the course of carrying out the maintenance, an aircraft material:

(i) that has had maintenance carried out on it; and

(ii) that was supplied to the person by another person; and

(iii) that is not a fluid;

               

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SCHEDULE 1-continued

was used—set out the number of the document that covered the supply of the material in accordance with subregulation 42x (1); and

(q) identify the documents kept by the person carrying out the maintenance as a record of the carrying out of the maintenance; and

(r) state that the aircraft is airworthy; and

(s) include the date on which the certification was made.

4.5 If certifications for completion of stages of maintenance are made in the aircraft log book or approved alternative document for the aircraft, a final certification must:

(a) state that the aircraft is airworthy; and

(b) be signed by the person making the certification; and

(c) include the licence number, airworthiness authority number or certificate of approval number of the person making the certification; and

(d) if the person making the certification is an employee—state the name of the person's employer and the employer's certificate of approval number, licence number or airworthiness authority number; and

(e) include the date on which the certification was made.

What is the responsibility of a person who makes a final certification?

4.6 A person must not make a final certification unless the person is satisfied that:

(a) all maintenance required to be carried out on the aircraft has been carried out; and

(b) if the maintenance was required to be co-ordinated by paragraph 3.1 or 3.2—the maintenance has been co-ordinated; and

(c) certifications that are required to be made by paragraph 2.1 or 3.7 have been made; and

(d) the aircraft is airworthy.

­­­­­­__________________

SCHEDULE 7Paragraph 42zc (4) (b)

MAINTENANCE THAT MUST NOT BE CARRIED OUT ON A CLASS B AIRCRAFT BY A PERSON REFERRED TO IN PARAGRAPH 42zc (4) (b)

Part 1—General

1.1 The inspection of an aircraft for the purpose of the issue of a maintenance release.

                  

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SCHEDULE 1 continued

1.2 Maintenance involving disturbing the individual parts of an aircraft component supplied as a bench tested component where the subsequent functioning of the component can only be proved by the use of test equipment additional to the equipment used for normal functional checks and trouble shooting checks.

1.3 Maintenance involving the use of non-destructive testing methods, but not including the use of aerosol packed materials in conducting liquid penetrant inspections.

1.4 Maintenance involving the complete jacking of an aircraft.

1.5 Maintenance involving the use of jigs, but not including the use of control rigging devices.

Part 2—Maintenance of airframes

2.1 The repair or modification of:

(a) the primary structure of an aircraft; or

(b) the seat support structure of an aircraft.

2.2 Welding, brazing, heat treating or metalizing of or on the primary structure of an aircraft.

2.3 Riveting, gluing or bonding joints in the primary structure of an aircraft.

2.4 Bolting joints in the airframe of an aircraft, where the bolting requires the use of special techniques.

2.5 Replacing a complete fabric covering of a fuselage, aerofoil or flying surface.

2.6 Balancing flying control surfaces.

2.7 Balancing main or tail rotor assemblies.

2.8 Refurbishing the interior of an aircraft.

2.9 Repainting that might affect the balance of flying control surfaces.

Part 3—Maintenance of engines

3.1 Disassembly or assembly of a crankcase of a reciprocating engine.

3.2 Disassembly or assembly of a crankshaft of a reciprocating engine (including removal and replacement of a connecting rod).

                

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SCHEDULE 1 continued

3.3 Disassembly or assembly of a rotor housing of a rotary engine.

3.4 Disassembly or assembly of a rotor assembly of a rotary engine.

3.5 Disassembly or assembly of a main casing of a turbine engine.

3.6 Disassembly or assembly of a rotating assembly of a turbine engine.

3.7 Balancing of rotating assemblies of engines.

3.8 Welding, brazing, heat treating or metalizing, but not including minor repairs to exhaust pipes.

3.9 Machining, other than machining using standard hand tools or valve refacing equipment.

3.10 Removal or replacement of reduction gears or accessory drive gears that are not attached to an accessory.

3.11 Balancing of propellers.

3.12 Disassembly and assembly of propeller hubs.

3.13 Straightening of propeller blades.

Part 4—Maintenance on electrical, instrument and radio systems

4.1 Maintenance of operational software and automatic test equipment software;

4.2 Initial installation of an electrical, instrument or radio system.

Part 5—Specific maintenance on manned balloons and hot air airships

5.1 In relation to a manned balloon or a hot air airship:

(a) the replacement of one or more panels in the upper half of the envelope; or

(b) the replacement of 4 or more panels in the lower half of the envelope; or

(c) the repair or replacement of load tape; or

(d) the repair of the suspension system; or

(e) the repair of the burner system, other than seal replacement or the cleaning of jets.

NOTE: For maintenance of engines of hot air airships see Part 3.

____________

                

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SCHEDULE 1 continued

SCHEDULE 8  Paragraph 42zc (4) (d)

MAINTENANCE THAT MAY BE CARRIED OUT BY THE HOLDER OF A PILOT LICENCE ON A CLASS B AIRCRAFT

1. Removal or installation of landing gear tyres, but only if the removal or installation does not involve the complete jacking of the aircraft.

2. Repair of pneumatic tubes of landing gear tyres.

3. Servicing of landing gear wheel bearings.

4. Replacement of defective safety wiring or split pins, but not including wiring or pins in control systems.

5. Removal or refitting of a door, but only if:

(a) no disassembly of the primary structure or operating system of the aircraft is involved; and

(b) if the aircraft is to be operated with the door removed—the aircraft has a flight manual and the manual indicates that the aircraft may be operated with the door removed.

6. Replacement of side windows in an unpressurised aircraft.

7. Replacement of seats, but only if the replacement does not involve disassembly of any part of the primary structure of the aircraft.

8. Repairs to the upholstery or decorative furnishings of the interior of the cabin or cockpit.

9. Replacement of seat belts or harnesses.

10. Replacement or repair of signs and markings.

11. Replacement of bulbs, reflectors, glasses, lenses or lights.

12. Replacement, cleaning, or setting gaps of, spark plugs.

13. Replacement of batteries.

14. Changing oil filters or air filters.

               

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SCHEDULE 1 continued

15. Changing or replenishing engine oil or fuel.

16. Lubrication not requiring disassembly or requiring only the removal of non-structural parts, or of cover plates, cowlings and fairings.

17. Replenishment of hydraulic fluid.

18. Application of preservative or protective materials, but only if no disassembly of the primary structure or operating system of the aircraft is involved.

19. Removal or replacement of equipment used for agricultural purposes.

20. Removal or replacement of glider tow hooks.

21. Carrying out of an inspection under regulation 42g of a flight control system or engine control system that has been assembled, adjusted, repaired, modified or replaced.

22. Carrying out of a daily inspection of an aircraft.

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SCHEDULE 9Regulation 42zv

MAINTENANCE CONTROL MANUAL AND MAINTENANCE CONTROLLER

Part 1—Requirements for person who is a maintenance controller

1.1 To be the maintenance controller a person must:

(a) know and understand the operator's maintenance control manual; and

(b) know and understand the requirements of the regulations in relation to the maintenance of aircraft; and

(c) demonstrate the required knowledge and understanding for the purposes of being approved as the maintenance controller.

Part 2—Functions of maintenance controller

2.1 A maintenance controller must perform the following functions:

(a) the control of all maintenance carried out on the aircraft, either scheduled or unscheduled;

               

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SCHEDULE 1 continued

(b) the development, organisation and supervision of all activities and procedures specified in the maintenance control manual;

(c) the transfer of an aircraft's maintenance records to a new Certificate of Registration holder for the aircraft;

(d) the investigation of all defects in the aircraft that come to the attention of the aircraft's maintenance organisation.".

_____________

_________________________________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 10 Jan 1992.

2. Statutory Rules 1988 No. 158 as amended by 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410 and 426.

                               

91R563.DOC, 14/11/91, 11:17

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