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1991 No. 487 CIVIL AVIATION REGULATIONS (AMENDMENT) - REG 19
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.
Penalty: $5,000. (NOTE: A system of maintenance is approved under
regulation 42m.) Defective or inappropriate systems of maintenance
"40. If the holder of the certificate of registration for a class A aircraft
becomes aware that the aircraft's approved system of maintenance is no longer
appropriate, or is defective, the holder must, as soon as practicable, make a
request under regulation 42p for the Authority or an authorised person to
approve such changes to the system as will ensure that the system is
appropriate, or is not defective, as the case requires. Penalty: $2,500.
"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. Penalty: $5,000. Defective or inappropriate
maintenance schedule
"42. If the holder of the certificate of registration for a class B aircraft
becomes aware that the aircraft's maintenance schedule is defective, or no
longer appropriate, the holder must, as soon as practicable, report the
situation to the Authority and take one of the following actions to ensure
that there is a maintenance schedule for the aircraft that is not defective
and that is appropriate:
(a) if the aircraft's maintenance schedule is the manufacturer's
maintenance schedule:
(i) elect to use the CAA maintenance schedule as the aircraft's
maintenance schedule; or
(ii) under regulation 42J, request the Authority or an authorised
person to approve a system of maintenance for the aircraft;
(b) if the aircraft's maintenance schedule is the CAA maintenance
schedule:
(i) elect to use the manufacturer's maintenance
schedule as the maintenance schedule for the aircraft; or
(ii) under regulation 42J, request the Authority or an
authorised person to approve a system of maintenance for the aircraft;
(c) if the aircraft's maintenance schedule is an approved system of
maintenance:
(i) under regulation 42P, request the Authority to
approve a proposed change to the system; or
(ii) elect to use the manufacturer's maintenance schedule as the
maintenance schedule for the aircraft; or
(iii) elect to use the CAA maintenance schedule as the maintenance
schedule for the aircraft. Penalty: $2,500. Maintenance
schedule: manufacturer's maintenance schedule
"42A. (1) Subject to subregulations (2), (3), (4) and (5), if:
(a) the holder of the certificate of registration for a class B aircraft
has elected to use a manufacturer's maintenance schedule for the
aircraft's maintenance; and
(b) the election is in force; and
(c) use of the manufacturer's maintenance schedule for the aircraft's
maintenance is not prohibited by a declaration under subregulation
(6); the aircraft's maintenance schedule is the manufacturer's
maintenance schedule as in force from time to time.
"(2) If the Authority thinks that a manufacturer's maintenance schedule should
not, alone, be used as an aircraft's maintenance schedule because the
manufacturer's maintenance schedule is deficient in a particular respect, the
following provisions have effect:
(a) the Authority may, for the purpose of remedying the deficiency, do
either or both of the following:
(i) give directions under subregulation 38 (1) to be complied with
in relation to aircraft in addition to the requirements of the
manufacturer's maintenance schedule;
(ii) give directions under subregulation 38 (1) requiring the
holders of certificates of registration for aircraft to prepare
documents to be complied with in relation to 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
(b) are included in the authorisation. 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. Penalty:
$5,000. Maintenance: approved maintenance data
"42V. (1) A person carrying out maintenance on an Australian aircraft must
ensure that the maintenance is carried out in accordance with the applicable
provisions of the aircraft's approved maintenance data. Penalty: $5,000.
(NOTE: Regulation 2A sets out what is approved maintenance data for an
aircraft.)
"(2) Subregulation (1) has effect subject to the requirements of Division 5
("Who may carry out maintenance"). Installation and use of aircraft components
in maintenance-Australian aircraft in Australian territory
"42W. (1) This regulation sets out requirements to be complied with in
relation to the installation and use of aircraft components in carrying out
maintenance on an Australian aircraft in Australian territory.
"(2) Subject to subregulation (3), a person must not replace an aircraft
component in the aircraft with another aircraft component unless:
(a) the replacement component is serviceable; and
(b) the replacement component:
(i) is identical with the replaced component; or
(ii) has been approved under regulation 36 as a replacement for the
replaced component; or
(iii) is approved for use as a replacement for the replaced
component:
(A) by the manufacturer of the aircraft or the replaced
component; or
(B) in a Parts Manufacturers Approval issued by the Federal
Aviation Administration of the United States of America;
and
(c) if the replacement component has been removed or salvaged from another
aircraft and has not had maintenance carried out on it-the replacement
component is not damaged and complies with its manufacturer's
specifications. Penalty: $5,000.
"(3) A person may replace an aircraft component in the aircraft with another
aircraft component that does not satisfy the requirements of paragraphs (2)
(a) and (c) if inclusion of the replacement component in the aircraft amounts
to a permissible unserviceability in the aircraft. (NOTE: Regulation 37 sets
out requirements relating to permissible unserviceabilities.)
"(4) Subject to regulations 42Y and 42Z, a person must not install an aircraft
component in the aircraft unless the following requirements are satisfied:
(a) if the component was supplied to the person by another person and the
component:
(i) is an aircraft component that:
(A) can be identified by a manufacturer's serial number; and
(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. Penalty: $5,000.
"(5) A document accompanying the supply of an aircraft component must:
(a) contain:
(i) a statement that sets out the name and business address of the
person who supplied the component; and
(ii) a statement that identifies the component and that includes (if
applicable) the part number, serial number and batch number (if
any) of the component; and
(iii) if the component is a time-lifed aircraft component-a statement
setting out:
(A) if the component has not been overhauled-the time in
service of, or the number of cycles completed by, the
component since new; and
(B) if the component has been overhauled-the time in service
of, or number of cycles completed by, the component since
its most recent overhaul; and
(iv) a list of all airworthiness directives that have been complied
with in relation to the component; and
(v) if the component has been overhauled-details of any maintenance
carried out on the component since its most recent overhaul and
the data used in carrying out that maintenance; and
(vi) if the component has not been overhauled-details of all
maintenance carried out on the component and the data used in
carrying out the maintenance; and
(b) have been issued by, or with the authority or approval of:
(i) if maintenance has been carried out on the component-the
aviation authority of the country in which the most recent
maintenance was carried out; or
(ii) if no maintenance has been carried out on the component-the
aviation authority of the country in which the component was
manufactured; and
(c) be signed by:
(i) if maintenance has been carried out on the component in
Australia-a person who is permitted by regulation 42ZC to carry
out the maintenance and who is employed by, or is working under
an arrangement with, the person who carried out the most recent
maintenance; or
(ii) if maintenance has been carried out on the component in a
country other than Australia-a person who is permitted to carry
out the maintenance by the aviation authority of the country in
which that maintenance was carried out and who is, is employed
by, or is working under an arrangement with, the person who
carried out the most recent maintenance; or
(iii) if no maintenance has been carried out on the component-a
person who is, is employed by, or is working under an
arrangement with, the person who manufactured the component;
and
(d) set out the date on which the person signed the document. Use of
aircraft materials in maintenance-Australian aircraft in Australian
territory
"42X. (1) A person must not use an aircraft material in the aircraft unless
the following requirements are satisfied:
(a) if:
(i) the material was supplied to the person by another person; and
(ii) the material is not a fuel or lubricant; the material was
supplied by the other person with a document that satisfies the
requirements of subregulation (2);
(b) if the material has had maintenance carried out on it-completion of
the maintenance was certified in accordance with regulation 42ZE or
42ZN. Penalty: $5,000.
"(2) A document accompanying the supply of an aircraft material must:
(a) contain:
(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. Penalty: $5,000. 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. Penalty: $5,000.
"(2) The holder of the certificate of registration for, or the operator or
pilot in command of, an Australian aircraft must not authorise or permit any
maintenance to be carried out on the aircraft in Australian territory except
by a person who is permitted by this regulation to carry out the maintenance.
Penalty: $5,000.
"(3) Subject to subregulation (5), a person may carry out maintenance on a
class A aircraft in Australian territory if:
(a) the person:
(i) holds an aircraft maintenance engineer licence or an
airworthiness authority covering the maintenance; and
(ii) either:
(A) holds a certificate of approval covering the maintenance;
or
(B) is employed by, or working under an arrangement with, a
person who holds a certificate of approval covering the
maintenance; or
(b) the following requirements are satisfied:
(i) the person is employed by, or working under an arrangement
with, a person who holds a certificate of approval covering the
maintenance; and
(ii) the maintenance is carried out under the supervision of a
person who holds an aircraft maintenance engineer licence
covering the maintenance and who either:
(A) holds a certificate of approval covering the maintenance;
or
(B) is employed by, or working under an arrangement with, a
person who holds a certificate of approval covering the
maintenance; or
(c) the person is a pilot of the aircraft and is authorised to carry out
the maintenance by the aircraft's approved system of maintenance; or
(d) the person is authorised by the Authority under subregulation (6), or
an authorised person under subregulation (7), to carry out the
maintenance and the maintenance is carried out in accordance with any
conditions subject to which the authorisation is given.
"(4) Subject to subregulation (5), a person may carry out maintenance on a
class B aircraft in Australian territory if:
(a) the person:
(i) holds an aircraft maintenance engineer licence or an
airworthiness authority covering the maintenance; and
(ii) either:
(A) holds a certificate of approval covering the maintenance;
or
(B) is employed by, or working under an arrangement with, a
person who holds a certificate of approval covering the
maintenance; or
(b) except where the maintenance is specified in Schedule 7, the person:
(i) holds an aircraft maintenance engineer licence or an
airworthiness authority covering the maintenance; and
(ii) either:
(A) is not an employee; or
(B) is employed by another person who holds an aircraft
maintenance engineer licence or an airworthiness
authority; or
(c) the person carries out the maintenance under the supervision of a
person who:
(i) holds an aircraft maintenance engineer licence covering the
maintenance; and
(ii) is permitted by paragraph (a) or (b) to carry out the
maintenance; or
(d) the person is the holder of a pilot licence (not being a student pilot
licence) that is valid for the aircraft and the maintenance is
specified in Schedule 8; or
(e) the person is authorised by the Authority under subregulation (6) to
carry out the maintenance and the maintenance is carried out in
accordance with any conditions subject to which the authorisation is
given.
"(5) In spite of subregulations (3) and (4), a person may carry out
maintenance on an aircraft component, or an aircraft material, if:
(a) the person is employed by, or working under an arrangement with, the
holder of a certificate of approval that covers the maintenance; and
(b) in the case of maintenance that is either:
(i) an inspection using a non-destructive testing method; or
(ii) welding; the person is authorised by the Authority under
subregulation (6) to carry out the maintenance and the
maintenance is carried out in accordance with any conditions
subject to which the authorisation is given.
"(6) The Authority may, in writing, authorise a person for the purposes of
paragraph (3) (d) or (4) (e) or subregulation (5).
"(7) An authorised person may, in writing, authorise a person for the purposes
of paragraph (3) (d).
"(8) An authorisation is subject to any conditions that:
(a) the Authority or authorised person, as the case may be, considers are
necessary in the interests of the safety of air navigation; and
(b) are included in the authorisation.
"(9) For the purposes of this regulation, an aircraft maintenance engineer
licence covers the maintenance if the licence:
(a) is issued in the category; and
(b) is endorsed with a rating; that covers the maintenance. Maintenance on
Australian aircraft outside Australian territory
"42ZD. (1) The holder of the certificate of registration for, or the operator
or pilot in command of, an Australian aircraft must not authorise or permit
any maintenance to be carried out on the aircraft outside Australian territory
except by a person who is permitted by this regulation to carry out
maintenance. Penalty: $2,500.
"(2) A person may carry out maintenance on an Australian aircraft outside
Australian territory if:
(a) the person would be permitted by regulation 42ZC to carry out the
maintenance if the aircraft were in Australian territory; or
(b) if the aircraft is in a Contracting State-the person would be
permitted under the law of the Contracting State to carry out the
maintenance if the aircraft were registered in the Contracting State;
or
(c) the person is authorised by the Authority under subregulation (3) to
carry out the maintenance and the maintenance is carried out in
accordance with any conditions subject to which the authorisation is
given.
"(3) The Authority may, in writing, authorise a person for the purposes of
paragraph (2) (c).
"(4) An authorisation is subject to any conditions that:
(a) the Authority considers are necessary in the interests of the safety
of air navigation; and
(b) are included in the authorisation.
"Division 6-Certification of Completion of Maintenance
"Subdivision A-Main+enance 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. Penalty: $5,000.
"(2) For the purposes of this regulation, maintenance performed by employees
of an employer who is the holder of a certificate of approval, an aircraft
maintenance engineer licence or an airworthiness authority is to be taken to
be carried out by the employer and not by the employees. Request for approval
of system of certification
"42ZF. (1) A person who is, or who may be, required by regulation 42ZE to
ensure completion of maintenance is certified may, in writing, request the
Authority to approve a system of certification of completion of maintenance.
"(2) The request must be accompanied by a copy of the system. Approval of
system of certification
"42ZG. (1) If:
(a) the Authority receives a request for approval of a system of
certification of completion of maintenance; and
(b) the Authority is satisfied that, having regard to the CAA system of
certification of completion of maintenance, the system adequately
provides for certification of the completion of the maintenance; the
Authority must approve the system.
"(2) The Authority must, in writing, notify the person who requested approval
of the system of certification of the Authority's decision in relation to the
system.
"(3) If the Authority decides not to approve the system of certification the
Authority must include in the notice a statement of the reasons for that
decision. When approval is effective
"42ZH. (1) If the Authority approves a system of certification of completion
of maintenance, the approval has effect from when notice of the decision is
given to the person who requested approval of the system.
"(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. Penalty:
$5,000.
"Subdivision C-Miscellaneous
Certification not to be made
"42ZP. (1) A certification for the completion of maintenance carried out on an
aircraft, aircraft component or aircraft material must not be made unless the
maintenance was carried out in accordance with the approved maintenance data
for the aircraft, aircraft component or aircraft material. Penalty: $5,000.
(NOTE: Regulation 2A sets out what is approved maintenance data for an
aircraft.)
"(2) This regulation has effect in spite of any provision in an approved
system of certification of completion of maintenance.
"Division 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.
Penalty: $5,000.
"Division 9-Maintenance Releases".
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