CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.003 Reporting failures, malfunctions, and defects

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 21.003

  (1)   The holder of a type certificate, a supplemental type certificate, an APMA or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any failure, malfunction, or defect in any of the following that has resulted in any of the occurrences listed in subregulation   (4):

  (a)   an aircraft, aircraft engine or propeller, or any other part or article manufactured by it;

  (b)   a manufacturing process specified by it.

Penalty:   25 penalty units.

  (2)   The holder of a type certificate, a supplemental type certificate, an APMA, or an ATSO authorisation, or the licensee of a type certificate or supplemental type certificate, must report to CASA any defect in any aircraft, aircraft engine or propeller, or in any part, or article manufactured by it that has left its control and that could result in any of the occurrences listed in subregulation   (4).

Penalty:   25 penalty units.

  (2A)   The holder of an approval mentioned in subregulation   (2B) must report to CASA any failure, malfunction or defect related to a modification or repair to which the approval relates that has resulted, or could result, in an occurrence mentioned in subregulation   (4).

Penalty:   25 penalty units.

  (2B)   For subregulation   (2A), the approval is:

  (a)   a modification/repair design approval; or

  (b)   an approval mentioned in regulation   21.475.

  (3)   It is a defence to a prosecution under subregulation   (1), (2) or (2A) that the defendant has reasonable grounds for believing that the relevant failure, malfunction or defect:

  (a)   was caused by improper maintenance or use; or

  (b)   was reported to CASA under another provision of these Regulations.

Note:   A defendant bears an evidential burden in relation to the matters mentioned in subregulation   (3) (see subsection   13.3(3) of the Criminal Code ).

  (4)   The following occurrences must be reported as provided in subregulations (1), (2) and (2A):

  (a)   fires caused by a system or equipment failure, malfunction, or defect;

  (b)   an engine exhaust system failure, malfunction, or defect which causes damage to the engine, adjacent aircraft structure, equipment, or components;

  (c)   the accumulation or circulation of toxic or noxious gases in the crew compartment or passenger cabin;

  (d)   a malfunction, failure, or defect of a propeller control system;

  (e)   a propeller or rotorcraft hub or blade structural failure;

  (f)   flammable fluid leakage in areas where an ignition source normally exists;

  (g)   a brake system failure caused by structural or material failure during operation;

  (h)   a significant aircraft primary structural defect or failure caused by any self - generating condition (for example, fatigue or corrosion);

  (i)   any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure;

  (j)   an engine failure;

  (k)   any structural or flight control system malfunction, defect, or failure which causes an interference with normal control of the aircraft or which derogates from the flying qualities;

  (l)   a complete loss of more than one electrical power generating system or hydraulic power system during a given operation of the aircraft;

  (m)   a failure or malfunction of more than one attitude, airspeed, or altitude instrument during a given operation of the aircraft.

  (6)   For subregulations (1), (2) and (2A), a report must:

  (a)   be given to CASA, in writing, within 3 working days after the person required to make the report becomes aware, or could reasonably be expected to have become aware, that the failure, malfunction, or defect required to be reported has occurred; and

  (b)   include as much of the following information as is available and applicable:

  (i)   the aircraft's serial number;

  (ii)   the aircraft's registration mark;

  (iii)   when the failure, malfunction, or defect is associated with an article approved under an ATSO authorisation--the article serial number and model designation, as appropriate;

  (iv)   when the failure, malfunction, or defect is associated with an aircraft engine or propeller--the aircraft engine or propeller serial number, as appropriate;

  (v)   identification of the product model;

  (vi)   identification of the part, component, or system involved (including the part number);

  (vii)   the nature of the failure, malfunction, or defect.

  (7)   Whenever the investigation of an accident or service difficulty report shows that an article manufactured under an ATSO authorisation is unsafe because of a manufacturing or design defect, the manufacturer must, upon request of CASA, investigate the defect and report to CASA the results of its investigation and any action taken or proposed by the manufacturer to correct that defect.

Penalty:   25 penalty units.

  (8)   If action is required to correct the defect in an article manufactured under an ATSO authorisation, the manufacturer must submit to CASA the data necessary for the issue of an appropriate airworthiness directive.

Penalty:   10 penalty units.

  (9)   An offence against subregulation   (7) or (8) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

Source   FARs section   21.3 modified.