42AMaintenance schedule: manufacturer’s maintenance schedule

#### 42A Maintenance schedule: manufacturer’s maintenance schedule (1) Subject to subregulations (2), (3), (4) and (5), if: (a) the holder of the certificate of registration for a class B aircraft has elected to use a manufacturer’s maintenance schedule for the aircraft’s maintenance; and (b) the election is in force; and (c) use of the manufacturer’s maintenance schedule for the aircraft’s maintenance is not prohibited by a declaration under subregulation (6); the aircraft’s maintenance schedule is the manufacturer’s maintenance schedule as in force from time to time. (2) If CASA thinks that a manufacturer’s maintenance schedule should not, alone, be used as an aircraft’s maintenance schedule because the manufacturer’s maintenance schedule is deficient in a particular respect, the following provisions have effect: (a) CASA may, for the purpose of remedying the deficiency, do either or both of the following: (i) give directions under subregulation 38(1) to be complied with in relation to aircraft in addition to the requirements of the manufacturer’s maintenance schedule; (ii) give directions under subregulation 38(1) requiring the holders of certificates of registration for aircraft to prepare documents to be complied with in relation to aircraft in addition to the requirements of the manufacturer’s maintenance schedule; (b) if an election to use the manufacturer’s maintenance schedule as an aircraft’s maintenance schedule is in force: (i) any directions under subparagraph (a)(i) in force in relation to the manufacturer’s maintenance schedule are to be taken to form part of the aircraft’s maintenance schedule and the election has effect accordingly; and (ii) any documents prepared because of a direction under subparagraph (a)(ii) in force in relation to the manufacturer’s maintenance schedule are to be taken to form part of the aircraft’s maintenance schedule and the election has effect accordingly. (3) If: (a) a person has elected to use a manufacturer’s maintenance schedule for an aircraft’s maintenance; and (b) either: (i) the aircraft has been modified or repaired; or (ii) an aircraft component included in, or fitted to, the aircraft has been modified or repaired; all instructions for the continued airworthiness of the aircraft, or of the component, as the case requires, issued by the designer of the modification or repair are to be taken to form part of the manufacturer’s maintenance schedule and the election has effect accordingly. (4) If a person has elected to use a manufacturer’s maintenance schedule for an aircraft’s maintenance, all instructions issued by the manufacturers of aircraft components permanently, or from time to time, included in, or fitted to, the aircraft, being instructions for the continued airworthiness of the components, are to be taken to form part of the manufacturer’s maintenance schedule and the election has effect accordingly. (5) If: (a) a person has elected to use a manufacturer’s maintenance schedule for an aircraft’s maintenance; and (b) the manufacturer’s maintenance schedule does not include provisions equivalent to the sections of the CASA maintenance schedule that deal with the maintenance of electrical, instrument and radio systems; those sections of the CASA maintenance schedule are to be taken to form part of the manufacturer’s maintenance schedule and the election has effect accordingly. (6) CASA may, for the purpose of ensuring the safety of air navigation, declare in writing that a manufacturer’s maintenance schedule that CASA thinks is inadequate must not be used as an aircraft’s maintenance schedule.