Civil Aviation Regulations (Amendment)

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

91R563A.DOC, 15/11/91, 10:53

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 1—Maintenance Directions by Authority

38. Maintenance directions

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

Subdivision A—Class 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

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

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

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:

33. Starting and running of engines

34. Regulation 231 (Manipulation of propeller)

35. Regulation 297a (Review of decisions)

36. 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.

Commonwealth Coat of Arms of Australia

Statutory Rules 1991 No. 4871

_________________

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.

91R563.DOC,03/12/91,13:11

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.]

'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

(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:

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.

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

7. Regulation 30 (Certificates of approval)

7.1 Subregulation 30 (2):

"(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

(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;

(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;

(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).

"(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.

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 5—Miscellaneous".

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

11.1 Subregulation 34 (1):

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

certificate of approval covering activities, other than the maintenance of aircraft, aircraft components or aircraft materials, requiring the holder to submit to 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

the aircraft material for that purpose.

"(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 6—Airworthiness 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

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.

"(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.".

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 1—Maintenance 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

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 2—Maintenance for which Holder of Certificate of Registration Responsible

"Subdivision A—Class 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.

[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.

"Subdivision B—Class 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.

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

(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.

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

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

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:

(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

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

Exemptions and variations

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

"Division 3—Approved 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

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

(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

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.

"(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.

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 4—How 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.

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.

[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').

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.

"(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

(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

(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.

"(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

(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.

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

(a) contain:

(i) a statement that identifies the material and that includes (if applicable) the specification of the material; and

(ii) if maintenance has been carried out on the material—details of the maintenance carried out and the data used in carrying out the maintenance; and

(b) have been issued by, or with the authority or approval of:

(i) if maintenance has been carried out on the material—the aviation authority of the country in which the most recent maintenance was carried out; or

(ii) if no maintenance has been carried out on the material—the aviation authority of the country in which the material was manufactured; and

(c) be signed by:

(i) if maintenance has been carried out on the material in Australia—a person who is permitted by regulation 42zc to carry out the maintenance and who is employed by, or is working under an arrangement with, the person who carried out the most recent maintenance; or

(ii) if maintenance has been carried out on the material in a country other than Australia—a person who is permitted to carry out the maintenance by the aviation authority of the country in which that maintenance was carried out and who is, is employed by, or is working under an arrangement with, the person who carried out the most recent maintenance; or

(iii) if no maintenance has been carried out on the material—a person who is, is employed by, or is working under an arrangement with, the person who manufactured the material; and

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

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.

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.

Exemptions and variations

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

"Division 5—Who 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.

"(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.

"(3) Subject to subregulation (5), a person may carry out maintenance on a class A aircraft in Australian territory if:

(a) the person:

(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:

(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:

(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:

(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

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

"(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

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.

"(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

"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.

"(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.

"(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.

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 B—Maintenance 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.

"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

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

[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 7—Exemptions 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.

"(2) The application must set out:

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

(b) the reasons for seeking the exemption or variation.

"(3) In the application, the applicant must also state whether the exemption or variation is to apply to any person who might otherwise be bound to comply with the requirement or only to a specified person or specified persons.

"(4) The Authority or authorised person may require the applicant to provide an explanation of the effect of the exemption or variation on the safety of air navigation.

Granting of exemptions and approval of variations

"42zs. (1) The Authority or an authorised person must grant the exemption or approve the variation if the Authority or the authorised person is satisfied that granting the exemption or approving the variation would not adversely affect the safety of air navigation.

"(2) If the Authority or authorised person grants the exemption, or approves the variation, the grant or approval may be made or given subject to such conditions as the Authority or authorised person thinks necessary in the interests of the safety of air navigation.

"(3) The Authority or authorised person must, in writing, notify the applicant of the Authority's or authorised person's decision in relation to the application.

"(4) If the Authority or authorised person grants the exemption, or approves the variation, the Authority or authorised person must identify in the exemption or approval:

(a) in the case of an exemption:

(i) the aircraft to which the exemption relates; and

(ii) the person or persons to whom the exemption applies; and

(iii) the conditions (if any) subject to which the exemption is granted; or

(b) in the case of an approval of a variation:

(i) the aircraft to which the variation relates; and

(ii) the person or persons to whom the variation applies; and

(iii) the conditions (if any) subject to which the variation is granted.

"(5) If the Authority or authorised person decides not to grant the exemption, or approve the variation, the Authority or authorised person must include in the notice a statement of the reasons for that decision.

When grant or approval is effective

"42zt. (1) If the Authority or an authorised person grants an exemption, or approves a variation, the grant or approval has effect from when notice of the grant or approval is given to the applicant.

"(2) The exemption or variation stops being in force if:

(a) it is expressed to have effect for a limited period and that period ends; or

(b) it is revoked by the Authority by written notice given to the holder of the certificate of registration for the aircraft concerned; or

(c) the holder of the certificate of registration for the aircraft concerned gives the Authority or authorised person written notice that the holder no longer wants the exemption or variation to apply in relation to the aircraft.

"(3) The Authority must not revoke an exemption or a variation unless the Authority thinks it is necessary to do so for the purpose of ensuring the safety of air navigation.

Effect of grant of exemption or approval of variation

"42zu. (1) If:

(a) the Authority or an authorised person has granted an exemption from a requirement to which this Division applies; and

(b) that exemption is in force;

then, subject to any conditions imposed under subregulation 42zs (2), a person identified in the exemption under subparagraph 42zs (4) (a) (ii) is exempt from compliance with the requirement in relation to the aircraft concerned.

"(2) If:

(a) the Authority or an authorised person has approved a variation of a requirement to which this Division applies; and

(b) that approval is in force;

then, subject to any conditions imposed under subregulation 42zs (2), the requirement has effect, in relation to a person identified in the approval under subparagraph 42zs (4) (b) (ii) and the aircraft concerned, as if the requirement were varied in the manner approved.

"Division 8—Maintenance Control Manual and Maintenance Controller

Maintenance control manual and maintenance controller: class A aircraft

"42zv. (1) The operator of a class A aircraft must appoint a person who satisfies the requirements of Part 1 of Schedule 9 to be the maintenance controller.

"(2) The operator of a class A aircraft must ensure that:

(a) the operator's maintenance control manual is complied with; and

(b) the operator's maintenance controller carries out the functions set out in Part 2 of Schedule 9 in a satisfactory manner.

"Division 9—Maintenance Releases".

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

20.1 Subregulation 43 (1):

Add at the end "or approves".

20.2 Paragraph 43 (7) (a):

Omit "in accordance with a system of certification instituted under regulation 34 or in a manner acceptable to the Authority for the purposes of subregulation 41 (3)", substitute "in accordance with regulation 42ze or 42zn".

20.3 Paragraph 43 (7) (b):

Omit "in accordance with a system of certification instituted under

regulation 34", substitute "in accordance with regulation 42ze or 42zn".

20.4 Paragraph 43 (13) (c):

Omit "in accordance with a system of certification instituted under regulation 34 or in a manner acceptable to the Authority for the purposes of subregulation 41 (3)", substitute "in accordance with regulation 42ze or 42zn".

20.5 Subregulation 43 (14):

Omit the subregulation.

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

21.1 After subregulation 44 (1), insert:

"(1a) The Authority may, for the purpose of ensuring the safety of air navigation, give directions requiring the endorsement of information on maintenance releases.

"(1b) It is a condition of a maintenance release that any applicable directions under subregulation (1a) are complied with.".

21.2 Subregulation 44 (3):

Omit the subregulation and the penalty, substitute:

"(3) A person who contravenes a direction given under this regulation is guilty of an offence punishable, on conviction, by:

(a) in the case of a direction under subregulation (1)—a fine not exceeding $5,000; and

(b) in the case of a direction under subregulation (1a)—a fine not exceeding $2,500.".

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

22.1 Omit "owner or operator of", substitute "holder of the certificate of registration for".

22.2 Omit "owner or operator shall", substitute "holder must".

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

23.1 Subregulation 47 (1):

Omit all the words from and including "Where", to and including "considers:", substitute:

"If:

(aa) the holder of the certificate of registration for; or

(ab) the operator of; or

(ac) a flight crew member of; or

(ad) an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of;

an aircraft in respect of which a maintenance release is in force becomes aware:".

23.2 Subregulation 47 (1):

Add at the foot of the subregulation:

23.3 Subregulation 47 (2):

Add at the foot of the subregulation:

23.4 Subregulation 47 (3):

Omit all the words from and including "Where", to and including "is in force,", substitute:

"If:

(a) the holder of the certificate of registration for; or

(b) the operator of; or

(c) the pilot in command of; or

(d) an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of;

an aircraft in respect of which a maintenance release is in force".

23.5 Subregulation 47 (3):

Add at the end of the subregulation:

23.6 Regulation 47:

Add at the end:

"(5) A maintenance release for an aircraft stops being in force when a maintenance release inspection of the aircraft begins.

"(6) In this regulation, 'maintenance release inspection' means an inspection carried out on an aircraft for the purpose of determining

whether a maintenance release for the aircraft should be issued.".

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

24.1 Subregulation 48 (1):

Omit "in accordance with a system of certification instituted under regulation 34" (wherever occurring), substitute "in accordance with regulation 42ze or 42zn".

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

25.1 Omit all the words from and including "Where", to and including "considers:", substitute:

"If:

(aa) the holder of the certificate of registration for; or

(ab) the operator of; or

(ac) a flight crew member of; or

(ad) an authorised person engaged (whether as an employee or on his or her own behalf) in the maintenance of;

an aircraft in respect of which a maintenance release is in force becomes aware:".

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

26.1 Omit "the owner, the operator or a flight crew member of", substitute "the holder of the certificate of registration for, or the operator or a flight crew member of,".

27. New headings and regulations

27.1 After regulation 50, insert:

"Division 10—Aircraft Log Books

Aircraft log book

"50a. (1) Subject to regulation 50b, the holder of the certificate of registration for an Australian aircraft must:

(a) keep a log book for the aircraft; and

(b) make the log book, and other documents referred to in the log book, available to the Authority and to persons engaged in maintenance on the aircraft;

in accordance with the instructions issued by the Authority under subregulation (2).

"(2) The Authority may issue written instructions:

(a) relating to how aircraft log books are to be kept; and

(b) requiring aircraft log books, and documents referred to in aircraft log books, to be made available to the Authority and to persons engaged in maintenance on aircraft.

Alternative to aircraft log book or section of aircraft log book

"50b. (1) The Authority may, in writing, approve the use, in relation to an Australian aircraft, of an alternative to an aircraft log book or to a particular section of an aircraft log book.

"(2) An approval may be subject to such conditions as the Authority considers necessary in the interests of the safety of air navigation.

"(3) If the Authority approves the use of an alternative to an aircraft log book, the registered owner of the aircraft concerned must:

(a) keep a record relating to the aircraft's maintenance; and

(b) make the record, and other documents referred to in the record, available to the Authority and to persons engaged in maintenance on the aircraft;

in accordance with the terms of the approval.

"(4) If the Authority approves the use of an alternative to a particular section of an aircraft log book, the registered owner of the aircraft concerned must:

(a) keep a record relating to the aspects of the aircraft's maintenance that would otherwise be covered by that section; and

(b) make the record, and other documents referred to in the record, available to the Authority and to persons engaged in maintenance on the aircraft;

in accordance with the terms of the approval.

"(5) A person must not alter an entry in an alternative to an aircraft log book except by drawing a single line through the words to be struck out, and the words so struck out must remain legible.

Directions relating to aircraft maintenance records

"50c. (1) The Authority may, for the purpose of ensuring the safety of air navigation, give directions in relation to:

(a) the retention and transfer of aircraft maintenance records and parts of aircraft maintenance records; and

(b) the making and keeping of copies of aircraft maintenance records and parts of aircraft maintenance records.

"(2) A direction is not binding on a person unless it has been served on the person.

"(3) A person must not contravene a direction that is binding on the person.

Inspection of records

"50d. A person required by this Division (including by a direction under regulation 50c) to keep or retain a record must make the record available for inspection by the Authority or an authorised person at the request of the Authority or authorised person.

"Division 11—Miscellaneous

Inconsistent requirements—resolution of inconsistencies

"50e. (1) This regulation applies where, apart from this regulation, a person would be required, by this Part, to comply with two requirements that are inconsistent.

"(2) The person is only required to comply with whichever of the requirements has the higher priority.

"(3) For the purposes of this regulation, two requirements are inconsistent if:

(a) it is not possible to comply with both of the requirements; or

(b) they require the same, or substantially the same, action to be taken at different times or in a different way.

"(4) The order of priority of requirements is as follows (starting with those of highest priority):

(a) requirements in these Regulations (except those requirements mentioned in the remaining provisions of this subregulation);

(b) requirements in instruments made under these Regulations;

(c) requirements in documents (including designs) approved by the Authority or authorised persons under these Regulations;

(d) requirements in instructions issued by designers of modifications of aircraft;

(e) requirements in instructions issued by designers of modifications of aircraft components;

(f) requirements in instructions issued by aircraft manufacturers;

(g) requirements in instructions issued by aircraft component manufacturers;

(h) requirements in instructions issued by aircraft material manufacturers;

(j) requirements in documents that are approved maintenance data because of paragraph 2a (2) (e).

"(5) If there is in existence more than one requirement of a kind mentioned in one of the paragraphs of subregulation (4), then the requirement that is later in time has higher priority.

Notice of maintenance to be given

"50f. (1) A person who has control in Australian territory of an aircraft on which maintenance is being carried out must take reasonable steps to ensure that notice that the maintenance is being carried out is given to any person likely to want to fly the aircraft.

"(2) For the purposes of this regulation, an aircraft on which maintenance (other than approved maintenance to be carried out by the

holder of a pilot licence that is valid for the aircraft) has been commenced is to be taken to be an aircraft on which maintenance is being carried out until completion of the maintenance has been certified in accordance with regulation 42ze.

"PART IVB—DEFECT REPORTING".

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

28.1 Subregulation 51 (1):

Add at the foot:

28.2 Subregulations 51 (2) and (3):

Omit the subregulations, substitute:

"(2) Subject to subregulation (3), if a person engaged in the maintenance of an Australian aircraft becomes aware of the existence of a major defect in the aircraft, the person must report the defect to the holder of the certificate of registration for the aircraft and to the Authority.

"(3) A person is not required to report a defect under subregulation (2) if:

(a) the person was engaged in the maintenance as an employee; or

(b) the person is the holder of the certificate of registration for the aircraft.

"(4) If the holder of the certificate of registration for an Australian aircraft becomes aware of the existence of a defect in the aircraft, he or she must:

(a) have an investigation made of the defect; and

(b) if the defect is a major defect—have a report made to the Authority with respect to the defect and to any matters revealed by the investigation.

Penalty for contravention of this subregulation: $2,500.".

29. Regulation 52 (Defects in aircraft components to be reported)

29.1 Omit the regulation, substitute:

Reporting of defects in Australian aircraft: major defects

"51a. (1) This regulation applies to major defects:

(a) that have caused, or that could cause, a primary structural failure in an aircraft; or

(b) that have caused, or that could cause, a control system failure in an aircraft; or

(c) that have caused, or that could cause, an engine structural failure in an aircraft; or

(d) caused by, that have caused, or that could cause, fire in an aircraft.

"(2) If a person connected with the operation of, or the carrying out of maintenance on, an Australian aircraft discovers a defect in the aircraft, being a defect of a kind to which this regulation applies, the person must report the defect to the Authority immediately.

"(3) A person must not knowingly or recklessly prevent another person from reporting a defect of a kind to which this regulation applies.

"(4) It is a defence to a prosecution under subregulation (2) if the person charged establishes:

(a) a reason for not being able to report the defect to the Authority immediately; and

(b) that the reason was:

(i) by its nature such as to prevent the person reporting

the defect to the Authority immediately; or

(ii) that the defect required further investigation to discover the extent of the defect; and

(c) that the person reported the defect to the Authority as soon as he or she was not prevented by the reason from doing so.

Defects discovered in complying with directions by the Authority

"51b. If a person discovers a defect in an aircraft in the course of

complying with an airworthiness directive or a direction given by the Authority under regulation 38, the person must report the defect to the Authority.

Defects discovered in aircraft components

"52. (1) This regulation applies if:

(a) a person engaged in the maintenance of an aircraft component becomes aware of a defect in the component; or

(b) a person engaged in the maintenance of an aircraft becomes aware of a defect in an aircraft component that the person proposed to install in the aircraft in the course of that maintenance; or

(c) a person who holds a certificate of approval that covers the maintenance of aircraft components becomes aware of a defect in an aircraft component that he or she owns; or

(d) a person who holds an Air Operator's Certificate becomes aware of a defect in an aircraft component that he or she owns and intends to install in an aircraft used in operations under that Air Operator's Certificate.

"(2) If the person owns the aircraft component:

(a) the person must have an investigation made of the defect; and

(b) if the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property—the person must have a report made to the Authority in relation to the defect and any matters revealed by the investigation.

"(3) If the person does not own the aircraft component the person must:

(a) have a report made to the owner of the component in relation to the defect; and

(b) if the person thinks that the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might become affected or the aircraft might become a danger to person or property—have a report made to the

Authority in relation to the defect.

"(4) After the owner of an aircraft component receives the report mentioned in paragraph (3) (a):

(a) the owner must have an investigation made of the defect; and

(b) if the defect is such that, if the component were installed in an aircraft, the safety of the aircraft might be affected or the aircraft might become a danger to person or property—the owner must have a report made to the Authority in relation to the defect and any matters revealed by the investigation.

Penalty for contravention of this subregulation: $2,500.

How must reports to Authority be made?

"52a. (1) A report of a defect to the Authority under regulation 51, 51a or 52:

(a) must be made in accordance with this regulation; and

(b) is not taken to be made unless in accordance with this regulation.

"(2) A report must:

(a) describe the defect; and

(b) set out the date on which the defect was discovered; and

(c) set out the circumstances in which the defect was discovered; and

(d) set out any action that has been taken or that is proposed to be taken:

(i) to rectify the defect; or

(ii) to prevent the defect from recurring; and

(e) set out what the person making the report thinks is the cause of the defect; and

(f) if the defect is in an aircraft—set out:

(i) the type, model, serial number and registration mark of the aircraft; and

(ii) the type, model and serial number of the aircraft's engine; and

(iii) if the aircraft has a propeller—the type, model and serial number of the aircraft's propeller; and

(iv) the time in service of, number of landings of, or number of cycles completed by, the aircraft since new; and

(g) if the defect is in an aircraft component—set out:

(i) the identity of the component, including (if applicable) the part number and serial number of the component; and

(ii) the time in service of, or the number of cycles completed by, the component since new; and

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

(iv) if the component is a turbine engine—the number of cycles completed by the component since new.

"(3) Subject to subregulation (4), a report to the Authority in relation to a defect must be sent to the Authority within 2 working days of the discovery of the defect.

"(4) Subregulation (3) does not apply to a report of a defect of a kind to which regulation 51a applies.

Keeping of defective aircraft and aircraft components

"52b. (1) This regulation applies where a person:

(a) who owns an aircraft or an aircraft component; or

(b) who is otherwise in possession of an aircraft or an aircraft component;

is required, by a provision of this Division, to report a defect in the aircraft or component to the Authority.

"(2) The person must take reasonable steps to ensure that:

(a) the aircraft, or the part of the aircraft that is defective; or

(b) the aircraft component;

as the case requires, is kept in a state that will allow the Authority to investigate the defect.

"(3) Subject to subregulation (5), the obligation under subregulation (2) ends when the Authority gives the person notice that the

aircraft, part of the aircraft, or aircraft component is no longer required to be kept in a state that allows the Authority to investigate the defect.

"(4) The Authority must give the notice to the person within a period of 1 year from the day on which the defect was reported to the Authority.

"(5) If the Authority does not give the notice to the person within that period, the obligation under subregulation (2) ends at the end of that period.".

30. Regulation 54 (Records in relation to maintenance etc. to be kept)

30.1 Omit the regulation.

31. Regulation 133 (Australian aircraft and unregistered aircraft)

31.1 Paragraph 133 (1) (d):

Omit "in accordance with a system of certification instituted under regulation 34 or in a manner acceptable to the Authority for the purposes of subregulation 41 (3)", substitute "in accordance with regulation 42ze or 42zn".

31.2 Subregulation 133 (2):

"(2) Paragraph (1) (d) does not apply to any maintenance that was required to be carried out before:

(a) the issue of the maintenance release in force, or the last maintenance release that was in force, for the aircraft; or

(b) if the maintenance release was not a maintenance release issued because of paragraph 43 (7) (a)—the issue of the last maintenance release for the aircraft issued because of that paragraph.".

32. Regulation 230 (Starting up aircraft engines)

32.1 Omit the regulation, substitute:

Starting and running of engines

"230. (1) A person must not:

(a) start the engine of an Australian aircraft; or

(b) permit the engine of an Australian aircraft to be run; except as permitted by this regulation.

"(2) The engine may be started or run while the aircraft is inside or outside Australian territory if the control seat is occupied by an approved person or by a person who may, under Part V, fly the aircraft.

"(3) If the aircraft is an aeroplane that is having maintenance carried out on it, or that is being used for the provision of maintenance training, the engine may be started or run if the control seat is occupied:

(a) whether the aircraft is inside or outside Australian territory—by a person who:

(i) holds an aircraft maintenance engineer licence, or an airworthiness authority, covering maintenance of the aircraft's engine; and

(ii) has sufficient knowledge of the aircraft's controls and systems to ensure the starting or running does not endanger any person or damage the aircraft; or

(b) if the aircraft is outside Australian territory—by a person who:

(i) if the aircraft is in a Contracting State—may under the law of the Contracting State start or run engines of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or

(ii) has qualifications that are recognised by the Authority as adequate for the purpose of starting or running engines of aircraft of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires.

"(4) If the aircraft is a rotorcraft or airship that is having maintenance carried out on it, or that is being used for the provision of maintenance training, the engine may be started or run:

(a) whether the aircraft is inside or outside Australian territory—by a person authorised, in writing, by the Authority or an authorised person to start and run the engine in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or

(b) if the aircraft is outside Australian territory—by a person who:

(i) if the aircraft is in a Contracting State—may under the law of the Contracting State start or run engines of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires; or

(ii) has qualifications that are recognised by the Authority as adequate for the purpose of starting or running engines of aircraft of the same type in connection with the carrying out of maintenance, or the provision of maintenance training, as the case requires.

"(5) The Authority may approve a person for the purposes of subregulation (2).

"(6) The Authority or an authorised person may authorise a person for the purposes of paragraph (4) (a).

"(7) In this regulation, 'maintenance training' means training for the purpose of obtaining a qualification to carry out maintenance on aircraft.".

33. Regulation 231 (Manipulation of propeller)

33.1 Omit "Notwithstanding regulation 225 or regulation 230", substitute "In spite of regulations 225 and 230 and subregulation (2)".

33.2 Add at the end:

"(2) A person who is the holder of the certificate of registration for, or the operator, hirer or pilot in command of, an Australian aircraft must not permit a person to manipulate the propeller of the aircraft to start the engine unless the first-mentioned person is satisfied that the person who is to manipulate the propeller knows the correct starting procedures for the aircraft.

Penalty for contravention of this subregulation: $2,500.".

34. Regulation 297a (Review of decisions)

34.1. Subregulation 297a (1):

"(1) In this regulation:

'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975;

'reviewable decision' means:

(a) a refusal by the Authority to approve a change to a certificate of approval under subregulation 30a (3); or

(b) a refusal by the Authority to approve a system of maintenance under subregulation 42m (2); or

(c) a refusal by the Authority to approve a change to an approved system of maintenance under subregulation 42r (1) or (2); or

(d) a refusal by the Authority to exempt a person under subregulation 262u (1); or

(e) a determination by the Authority under subregulation 262v (1) that a person is a regular shipper of dangerous goods; or

(f) a refusal by the Authority to approve a system a certification of completion of maintenance under subregulation 42zg (1); or

(g) a refusal by the Authority to approve a change to a system of certification of completion of maintenance under subregulation 42zk (1); or

(h) a refusal by the Authority under subregulation 42zs to grant an exemption from, or a variation of, a requirement to which Division 7 applies; or

(j) a decision by the Authority under subregulation 42zs (3) to grant or approve an exemption or variation mentioned in paragraph (f) subject to conditions.".

35. New Schedules 5, 6, 7, 8 and 9

35.1 Add at the end the schedules set out in Schedule 1.

PART 2—TRANSITIONAL, SAVINGS AND APPLICATION PROVISIONS

Interpretation

36. In this Part:

"amended regulations" means the Civil Aviation Regulations as amended by these Regulations;

"commencement" means the commencement of these Regulations;

"previous regulations" means the Civil Aviation Regulations as in force immediately before the commencement;

"transitional period" means the period of 6 months starting at the commencement.

Certificates of approval

37. (1) Subject to subregulation (2), subregulation 30 (2c) of the amended regulations applies to certificates of approval whether granted before or after the commencement.

(2) Paragraphs 30 (2c) (b) and (d) of the amended regulations do not apply to a certificate of approval granted before the commencement until the transitional period has ended.

Airworthiness authorities

38. A document:

(a) that was issued by the Authority before the commencement as a maintenance authority, a welding authority, an aircraft maintenance engineer examiner authority, a non-destructive testing authority or an aircraft weight control authority; and

(b) that was in force immediately before the commencement;

has effect after the commencement as if it were an authority of that kind issued under regulation 33b of the amended regulations.

Certification of completion of activities

39. (1) If a direction under subregulation 34 (1) of the previous regulations:

(a) was in force immediately before the commencement; and

(b) could be given under subregulation 34 (1) of the amended regulations;

the direction has effect after the commencement as if it were a direction under subregulation 34 (1) of the amended regulations.

(2) If:

(a) an approval under subregulation 34 (2) of the previous regulations was in force immediately before the commencement; and

(b) the system of certification concerned relates to a certificate of approval covering the maintenance of aircraft, aircraft components or aircraft materials;

the approval has effect after the commencement as if it were an approval under regulation 42zg of the amended regulations.

(3) A certification of the completion of maintenance made before the commencement in accordance with a system of certification instituted under regulation 34 of the previous regulations has effect after the commencement as if it were a certification in accordance with regulation 42ze of the amended regulations.

(4) A certification of the completion of maintenance made before the commencement in a manner acceptable to the Authority for the purposes of subregulation 41 (3) of the previous regulations has effect after the commencement as if it were a certification in accordance with regulation 42zn of the amended regulations.

Airworthiness directives

40. An airworthiness directive that was issued in the form of a Civil Aviation Order in Part 105, 106 or 107 of the Civil Aviation Orders and that was in force, or purported to be in force, immediately before the commencement is to be taken to be valid for all purposes and has effect after the commencement as if it were an airworthiness directive under subregulation 37a of the amended regulations.

Directions relating to maintenance

41. A direction under subregulation 38 (1) of the previous regulations that was in force immediately before the commencement has

effect after the commencement as if it were a direction under subregulation

38 (1) of the amended regulations.

Approved systems of maintenance

42. An approval under subregulation 38 (3) of the previous regulations that was in force immediately before the commencement has effect after the commencement as if it were an approval under subregulation 42n (2) of the amended regulations.

Maintenance of Australian aircraft in Australian territory

43. (1) An approval for the installation or use of an aircraft component or aircraft material given under subregulation 39 (5) or 39 (6) of the previous regulations that was in force immediately before the commencement has effect after the commencement as if it were an exemption from, or a variation of, the requirements of regulation 42w or 42x of the amended regulations that was granted under regulation 42zs of the amended regulations.

(2) An approval of a document for the purposes of subparagraph

39 (5) (a) (iii), paragraph 39 (5) (b) or paragraph 39 (6) (c) of the previous regulations that was in force immediately before the commencement is to be taken to satisfy the requirements of:

(a) if the document was approved in relation to an aircraft component—subregulation 42w (5) of the amended regulations; and

(b) if the document was approved in relation to an aircraft material—42x (2) of the amended regulations.

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

44. (1) An approval under subregulation 40 (1) of the previous regulations that was in force immediately before the commencement has effect after the commencement as if it were an approval under paragraph 36a (2) (b) of the amended regulations.

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(2) A Civil Aviation Order mentioned in subregulation 40 (1) of the previous regulations that was in force immediately before the commencement has effect after the commencement as if it were a direction under subregulation 36a (1) of the amended regulations.

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

45. If, immediately before the commencement:

(a) a certificate of airworthiness was in force for a class A aircraft; and

(b) there was no direction or approval in force for the aircraft under subregulation 38 (2) or (3) of the previous regulations;

regulation 39 of the amended regulations does not apply to the aircraft until the transitional period has ended.

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

46. If, immediately before the commencement:

(a) a certificate of airworthiness was in force for a class B aircraft; and

(b) there was no direction or approval in force for the aircraft under subregulation 38 (2) or (3) of the previous regulations;

regulation 41 of the amended regulations does not apply to the aircraft until the transitional period has ended.

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

47. If:

(a) a person holds a record made before the commencement for the maintenance of an aircraft; and

(b) the record was made to comply with a direction under regulation 54 of the previous regulations; and

(c) a direction under regulation 50c of the amended regulations requires the person to retain or transfer records made under regulation 50a of the amended regulations for the aircraft;

the direction referred to in paragraph (c) applies to the record as if it were a record made under regulation 50a of the amended regulations.

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Transitional: delegations

48. (1) A delegation of or powers conferred by subregulation 24 (2), 34 (3), 35 (7), 43 (1), 47 (1) or 47 (3) or regulation 49 of the previous regulations that was in force immediately before the commencement has effect after the commencement as if it were a delegation of the powers conferred by the subregulation, or regulation, as amended by these regulations.

(2) A delegation of the powers conferred by a provision of the previous regulations set out in Column 1 of the following table that was in force immediately before the commencement has effect after the commencement as if it were a delegation of the powers conferred by the provision of the amended regulations set out in Column 2 of the table opposite the first-mentioned provision.

TABLE

_____________________________

SCHEDULE 1 Regulation 35

"SCHEDULE 5 Subregulation 2 (1)

(definition of "CAA
maintenance schedule")

CAA MAINTENANCE SCHEDULE

Part 1—Daily inspection

1.1 An inspection (in this Part called a 'daily inspection') must be carried out on the aircraft before the aircraft's first flight on each day on which the aircraft is flown.

1.2 A daily inspection must consist of the making of such of the checks set out in the table at the end of this Part as are applicable to the aircraft.

TABLE OF CHECKS INCLUDED IN A DAILY INSPECTION

Section 1—General

(1) Check that the ignition switches are off, the mixture control is lean or cut off, the throttle is closed and the fuel selector is on.

(2) Check that the propeller blades are free from cracks, bends and detrimental nicks, that the propeller spinner is secure and free from cracks, that there is no evidence of oil or grease leakage from the propeller hub or actuating cylinder and that the propeller hub, where visible, has no evidence of any defect which would prevent safe operation.

(3) Check that the induction system and all cooling air inlets are free from obstruction.

(4) Check that the engine, where visible, has no fuel or oil leaks and that the exhaust system is secure and free from cracks.

(5) Check that the oil quantity is within the limits specified by the manufacturer for safe operation and that the oil filler cap, dipstick and inspection panels are secure.

(6) Check that the engine cowlings and cowl flaps are secure.

(7) Check that the landing gear tyres are free from cuts or other damage, have no plies exposed and, by visual inspection, are adequately inflated.

(8) Check that the landing gear oleo extensions are within normal static limits and that the landing gear doors are secure.

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

(9) Check that the wing and fuselage surfaces are free from damage and that the inspection panels, flight control surfaces and flight control devices are secure.

(10) Check that the interplane and centre section struts are free from damage and that the bracing wires are of the correct tension.

(11) Check that the pitot heads and static ports are free from obstruction and that the pitot cover is removed or is free to operate.

(12) Check that the fuel tank filler caps, chains, vents and associated access panels are secure and free from damage.

(13) Check that the empennage surfaces are free from damage and that the control surfaces control cables and control rods, where visible, are secure.

(14) Check that the canard surfaces are free from damage and that the control surfaces, control cables and control rods, where visible, are secure.

(15) Check that the flight controls, the trim systems and the high lift devices operable from the ground have full and free movement in the correct sense.

(16) Check that the radios and antennae are secure and that where visible, radio units and interwiring are secure.

(17) Check that the drain holes are free from obstruction.

(18) Check that there is no snow, frost or ice on the wings, tail surfaces, canards, propeller or windscreen.

(19) Check that each tank sump and fuel filter is free from water and foreign matter by draining a suitable quantity of fuel into a clean transparent container.

(20) Check that the windscreen is clean and free from damage.

(21) Check that the instruments are free from damage, legible and secure.

(22) Check that the seat belts, buckles and inertia reels are free from damage, secure and functioning correctly.

Section 2—Additional items for agricultural aeroplanes

(1) Check that the agricultural equipment is secure.

(2) Check that the dump and fan brake mechanisms are free from obstructions and operate correctly.

Section 3—Additional items for seaplanes

(1) Check that the hull and floats are free from damage, corrosion and water accumulation.

(2) Check that the float attachment struts, bracing wires and attachment fittings are secure and free from damage and corrosion.

(3) Check that the water rudder and its attachments are secure and free from damage and corrosion and that the water rudder has full, free and correct travel.

Part 2—Periodic inspection

2.1 Subject to paragraph 2.2, an inspection (in this Part called a 'periodic inspection') must consist of the taking of the actions set out in the table at the end of this Part as applicable to the aircraft.

2.2 The holder of a certificate of registration for a class B aircraft may elect to have a section or sections of the periodic inspection carried out on the aircraft at a different time from the other sections.

2.3 A periodic inspection must be carried out on a private aircraft within the period of 1 year from:

(a) the day on which the aircraft's current certificate of airworthiness was issued; or

(b) the day on which the most recent general maintenance inspection on the aircraft was completed;

whichever is the later.

2.4 Subject to paragraph 2.5, a periodic inspection must be carried out on a class B aircraft that is not a private aircraft within whichever of the following periods expires first:

(a) one year from:

(i) the day on which the aircraft's current certificate of airworthiness was issued; or

(ii) the day on which the most recent general maintenance inspection on the aircraft was completed;

whichever is the later;

(b ) the aircraft has been in service for 100 hours since:

(i) the aircraft's current certificate of airworthiness was issued; or

(ii) the most recent general maintenance inspection on the aircraft was completed;

whichever occurred later.

2.5 In spite of paragraph 2.4, if the holder of the certificate of registration for a class B aircraft that is not a private aircraft has elected under paragraph 2.2 to have the sections of the periodic inspection carried out on the aircraft at different times, the following provisions have effect:

(a) the first carrying out of each section of the periodic inspection on the aircraft after the election is made must be carried out within whichever of the following periods expires first:

(i) 18 months from:

(A) the day on which the aircraft's current certificate of airworthiness was issued; or

(B) the day on which the most recent general maintenance inspection on the aircraft was completed;

whichever is the later;

(ii) the aircraft has been in service for 150 hours since:

(A) the aircraft's current certificate of airworthiness was issued; or

(B) the most recent general maintenance inspection on the aircraft was completed;

whichever occurred later;

(b) each subsequent carrying out of each section of the periodic inspection must be carried out within whichever of the following periods expires first:

(i) the aircraft has been in service for 100 hours since the section concerned was most recently carried out on the aircraft;

(ii) 1 year from the day on which the section concerned was most recently carried out on the aircraft.

2.6 In this Part:

'general maintenance inspection' means a regular inspection and check of a class B aircraft, its systems and components that:

(a) is required by the aircraft's maintenance schedule to be carried out at regular intervals; and

(b) is not required to be carried out before the aircraft's first flight on each day on which the aircraft is flown;

'private aircraft' means an aircraft:

(a) that is a class B aircraft; and

(b) that has a maximum take off weight of 2750 kg or less; and

(c) that is only used in private operations.

2.7 Unless otherwise indicated in the table, where the table requires a thing to be inspected, the inspection is to be a thorough check made to determine whether the thing will continue to be airworthy until the next periodic inspection.

TABLE OF ACTIONS INCLUDED IN A PERIODIC INSPECTION

Section 1—The airframe

(2) Take the following action in relation to the mainplane and empennage (including canards) of the aircraft:

(a) inspect the skins for evidence of wrinkles, buckles, sheared or loose rivets, corrosion, disbonds and general damage;

(b) if the skin is fabric, check the strength of the fabric;

(c) inspect the internal structures and spars;

(d) inspect the lift struts, interplane struts, jury struts, spreaders, chafing discs and bracing lires;

(e) inspect the flight control surfaces, slats, spoilers, tabs, flaps, mass balance weight attachments, hinge brackets, tracks and rollers;

(f) inspect the flight control system bellcranks, push pull rods, torque tubes, cables, fairleads, turnbarrells and pulleys;

(g) inspect the wing and empennage to fuselage attachments and surrounding structure;

(h) lubricate as necessary.

(3) Take the following action in relation to the fuselage:

(a) inspect the fuselage skin for evidence of wrinkles, buckles, sheared or loose rivets, corrosion, disbonds and general damage;

(b) inspect the areas around cut-outs (such as windows and inspection apertures) for cracks and inspect the sealing and fit of all doors and emergency exits;

(c) inspect the interior;

(d) inspect the strength of the fabric covering on surfaces;

(e) inspect the internal structure;

(f) inspect the locks, latches and hinges of doors, canopy, windows which may be opened and direct vision windows;

(g) check that the windshields and windows are clean and free from crazing, cracking, discoloration, delamination and scratches;

(h) inspect the seats, seat attachments, seat adjustment mechanisms, seat stops, seat belts, safety harnesses and inertia reels;

(j) inspect the control wheels, control columns, rudder pedals, control levers, control system bellcranks, push pull rods, torque tubes and cables;

(k) operate all trim controls through the complete range of travel and check them for correct trim position indication;

(l) inspect the brake master cylinders, brake lines, reservoirs, parking brake linkage and mechanical brake system operating mechanisms;

(m) check the cabin fire extinguisher for correct charge, legibility of operating instructions and condition of locking pin or seal and ensure that the extinguisher has not reached its expiry date;

(n) inspect the heating and fresh air system ducting and outlets and the airflow control valves;

(p) inspect the emergency and flotation equipment and ensure that the equipment has not reached its expiry date;

(q) lubricate as necessary.

(4) Jack the aircraft so that the landing gear is clear of the ground and take the following action:

(a) inspect the undercarriage attachment to the airframe;

(b) inspect the structural members, drag and side braces, compression members, oleo struts, bracing struts and torque links;

(c) inspect the leaf or tube spring shock absorbing units and bungee rubber;

(d) inspect the flexible hoses;

(e) inspect the main wheels and tyres and the nose or tail wheels and tyres;

(f) clean the wheel bearings, check that they are free from scoring and brinelling, re-lubricate them, re-install them and adjust the bearing pre-load;

(g) inspect the brake linings or pads and the brake drums or discs;

(h) inspect the brake lines and flexible hoses;

(j) inspect the nosewheel or tailwheel steering mechanism and the shimmy dampener;

(k) inspect the landing gear retraction mechanism, the door and the door operating linkage;

(l) carry out an operational check of the landing gear and doors and ensure that the adjustment of downlocks, overcentre links, uplocks and spring tensions are within the manufacturer's specified limits;

(m) lubricate as necessary.

(5) Take the following action in relation to the fuel system:

(a) inspect the fuel tanks (where visible), lines, drains, vents, signs, filler caps, filler cap securing chains or cables, filler cap seals and scupper drains;

(b) inspect the fuel selector valves;

(c) inspect the fuel selector valve operating linkage.

(6) Take the following action in relation to the hydraulic system:

(a) remove, clean, and refit the hydraulic system filter element, or if it is unserviceable, install a new filter element;

(b) inspect the hydraulic system reservoirs, powerpack, accumulators, selector valves, hand pump, pipelines and flexible hoses.

(7) Inspect the anti-icing and de-icing systems.

(8) Inspect the air-conditioning evaporator, condenser and compressor and the air-conditioning ducting, pipelines and units.

(9) Inspect the pressurisation control system and indication system.

(10) Take the following additional action if the aircraft is used in agricultural operations:

(a) inspect the hopper, hopper lid and fasteners, baffles and internal braces;

(b) inspect the spreader, spreader gate and controls;

(c) inspect the spray pump fan, fan mount, fan brake, spray pump lines, booms and boom supports;

(d) inspect the emergency dump doors and dump controls.

(11) Take the following additional action if the aircraft is a seaplane:

(a) inspect the external covering and internal structure of the floats or hull;

(b) drain the bilge compartments, refit and re-lock the drain plugs;

(c) inspect the float attachment struts, bracing wires and attachment fittings;

(d) inspect the water rudders, water rudder attachments and water rudder controls, operate and check them for full and free movement in the correct sense and for correct locking;

(e) inspect the protective treatment and finish.

Section 2—The engine

(2) Take the following action in relation to the cowls:

(a) remove, clean and inspect the cowls, cowl flaps and fastenings.

(3) Inspect, and record the compression of, each cylinder.

(4) Take the following action in relation to the engine oil system:

(a) drain the sump or tank and refit the plug and lockwire;

(b) drain the oil cooler and refit and secure the hose;

(c) either:

(i) remove, inspect, clean and refit the pressure filter and lockwire; or

(ii) remove, open and inspect the cartridge full flow filter and fit a new cartridge and lockwire;

(d) inspect the oil cooler, oil temperature control valves, oil tank and attachment fittings;

(e) inspect all oil lines, fittings, breather pipe and the oil cooler shutter;

(f) refill the sump or tank with the recommended grade and quantity of oil.

(5) Take the following action in relation to the ignition system:

(a) remove the spark plugs, clean and inspect them, check the spark plug electrode gap, test the spark plugs and renew them if required;

(b) inspect the spark plug high tension leads and ceramics;

(c) inspect the magneto housing;

(d) inspect the breaker compartment and cam follower;

(e) inspect the breaker points for serviceability and check the breaker points gap, magneto engine timing and synchronisation;

(f) inspect the switch and earth leads;

(g) refit and torque the spark plugs;

(h) refit the spark plug high tension leads.

(6) Take the following action in relation to the fuel system:

(a) place the fuel selector in the off position;

(b) remove, inspect, clean and refit the fuel strainers and screens and lockwire;

(c) drain and flush the carburettor fuel bowl and refit the plug and lockwire;

(d) inspect the carburettor or fuel injection components; (e) inspect the throttle and mixture shafts;

(f) inspect all fuel lines and fittings;

(g) move the fuel selector from the off position; (h) inspect the auxiliary fuel pump for operation;

(j) pressurise and purge the fuel system and inspect it for leaks.

(7) Take the following action in relation to the induction system:

(a) remove the air filters, clean them, inspect them and refit or renew them;

(b) inspect the hot and alternate air systems for the integrity of seals and for serviceability of valves, shafts, bearings, magnets and hinges;

(c) inspect the induction manifold and hoses.

(8) Take the following action in relation to the exhaust system:

(a) inspect the exhaust system;

(b) remove the muffler shroud, inspect the muffler and refit the shroud;

(c) inspect the muffler internally for security of baffle cones;

(d) inspect the cabin heat flexible hoses.

(9) Take the following action in relation to the engine cylinders and baffles:

(a) inspect the cylinder assemblies;

(b) inspect the cylinder base to the crankcase area;

(c) inspect the rocker covers;

(d) inspect the push rod housing seals.

(10) Take the following action in relation to the crankcase, accessory housing and firewall:

(a) inspect the engine for evidence of oil leakage;

(b) inspect the accessories and drive belts;

(c) inspect the engine mounts and engine mountbolts;

(d) inspect the engine mount frame;

(e) inspect the firewall, including seals and sealant.

(11) Inspect the following controls for full and free movement in the correct sense:

(a) throttle, mixture and propeller;

(b) alternate air and carburettor heat;

(c) engine bay fuel strainer controls;

(d) oil cooler shutter and cowl flap;

(e) turbocharger.

(12) Take the following action in relation to the propeller:

(a) inspect the propeller for static track;

(b) inspect the propeller hub, spinner and backplate;

(c) inspect the wooden propeller attachment bolts;

(d) inspect the blades;

(e) inspect the counterweights;

(f) lubricate the propeller hub;

(g) service the propeller hub with air.

(13) Take the following action in relation to the turbocharger:

(a) remove the heat shield and inspect the turbocharger housing for cracks and oil leaks from the inlet and outlet ports;

(b) inspect the compressor and turbine wheel;

(c) inspect the rotating assembly bearing for end float;

(d) inspect the turbocharger mount;

(e) inspect the transition assembly, the induction and exhaust components and the clamps;

(f) inspect the upper deck pressure manifold and hoses;

(g) lubricate the waste gate linkages and the butterfly valve; (h) inspect the flexible oil lines;

(j) inspect the controllers and actuators;

(k) inspect the compressor by-pass door;

(m) refit the heat shield.

(14) Take the following action in relation to the refitting of the cowls:

(a) check that no tooling, rags or other foreign objects remain in the compartment;

(b) inspect the latches and fasteners for correct tension;

(c) inspect the inlet and cooling air ducting;

(d) inspect the landing and taxi light wiring;

(e) inspect the cowl flap linkage and engine drain lines.

(15) Chock the wheels and check the brake operation, then set the park brake, start the engine and take the following action to determine satisfactory performance in accordance with the manuracturer's recommendations:

(a) stabilise the engine temperatures and pressures;

(b) check the idle speed, mixture and the magneto switch operation at low engine revolutions per minute;

(c) check the carburettor heat or alternate air operation;

(d) check the gyro or vacuum pressure indication;

(e) inspect the generator or alternator;

(f) check any unusual engine vibration or noises;

(g) check the engine response to throttle application;

(h) check each magneto and propeller governor for operation;

(j) check the static engine revolutions per minute, manifold pressure and fuel flow;

(k) check the idle cut-off operation.

(16) After taking the action described above, remove the cowls, inspect the engine for oil, fuel or other fluid leaks, then replace the cowls.

Section 3—The electrical system

(2) Take the following action in relation to the air-conditioning system:

(a) inspect the distribution system electrical components and interwiring;

(b) inspect the heating and temperature control system;

(c) inspect the freon system electrical components and interwiring;

(d) inspect the air cycle system electrical components and interwiring.

(3) Take the following action in relation to the electrical power:

(a) inspect the AC generation system (including the generator, invertor, regulator, interwiring, control relays and switching);

(b) inspect the AC distribution system;

(c) inspect the DC generation system (including the generator, regulator, transformer or rectifier units, interwiring, control relays and switches);

(d) inspect the DC distribution system (including the busses, circuit breakers or fuses, relays, switches and interwiring);

(e) inspect the starter generator;

(f) inspect the indication systems;

(g) inspect the batteries;

(h) inspect the external power system.

(4) Take the following action in relation to electrical equipment and furnishing:

(a) inspect the flight compartment (including any spare bulbs and fuses);

(b) inspect the passenger compartment (including any spare bulbs and fuses);

(c) inspect the buffet or galley electrical systems, the lavatory compartment electrical systems and the cargo compartment electrical systems.

(5) Take the following action in relation to the following fire protection systems:

(a) inspect the engine fire detection system;

(b) inspect any other fire and smoke detection systems;

(c) inspect the engine fire extinguishing system;

(d) inspect any other fire extinguishing systems.

(6) Inspect the electrical components and interwiring of the following flight control systems:

(a) the trim and flap system;

(b) the lift dump and spoiler system;

(c) the lift augmenting system.

(7) Inspect the electrical components and interwiring of the fuel distribution and dump system.

(8) Inspect the electrical components and interwiring of the main and auxiliary hydraulic systems.

(9) Inspect the electrical components and interwiring of the following ice and rain protection systems:

(a) the anti/de-ice systems;

(b) the ice detection and indication systems.

(10) Inspect the systems and components that give audible or visual warnings.

(11) Inspect the electrical components and interwiring of the following landing gear systems:

(a) the extension and retraction systems;

(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.

(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

(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.

(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.

(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.

(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:

(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.

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