Commonwealth Numbered Regulations

1991 No. 487 CIVIL AVIATION REGULATIONS (AMENDMENT) - REG 27

  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). Penalty: $5,000.

"(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. Penalty: $5,000. 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.
Penalty: $5,000. 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. Penalty: $2,500.

"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. Penalty: $5,000.

"(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".