CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.030 Continuing airworthiness requirements--all aircraft

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.030

  (1)   The registered operator of an aircraft commits an offence if:

  (a)   the registered operator operates the aircraft for a flight, or permits it to be operated for a flight; and

  (b)   a requirement mentioned in subregulation   (2) is not met for the aircraft before the flight commences.

Penalty:   50 penalty units.

  (2)   The requirements are that:

  (a)   the registered operator has ensured that the requirements mentioned in Division   42.C.2 are met for the aircraft; and

  (b)   if maintenance has been carried out on the aircraft since it was last operated for a flight--one of the following documents has been issued for the aircraft in relation to the maintenance:

  (i)   a certificate of release to service;

  (ii)   an equivalent document issued in accordance with an NAA arrangement mentioned in regulation   42.301; and

  (c)   if the aircraft is a large aircraft or an aircraft operating under an AOC:

  (i)   the requirements of regulation   42.040 for the aircraft are met; and

  (ii)   an airworthiness review certificate is in force for the aircraft; and

  (d)   each item of operational or emergency equipment that is not required by the certification basis for the aircraft, but is required by or under these Regulations for the flight, is fitted to the aircraft; and

  (e)   if there is a defect in the aircraft:

  (i)   operation of the aircraft for the flight with the defect is permitted by:

  (A)   the minimum equipment list for the aircraft; or

  (B)   the configuration deviation list for the aircraft; or

  (C)   a special flight permit for the flight; or

  (ii)   the rectification of the defect is deferred in accordance with Subdivision   42.D.6.1; or

  (iii)   the defect is in an item of operational or emergency equipment that:

  (A)   is fitted to the aircraft; and

  (B)   is not required by the certification basis for the aircraft; and

  (C)   is not required by or under these Regulations for the operation of the aircraft for the flight; and

  (f)   the flight technical log for the aircraft records the details of any defect in the aircraft mentioned in subparagraph   (e)(i) or (iii).

Note 1:   For paragraph   (b), under subregulation   42.760(2), a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft must be included in the flight technical log for the aircraft.

Note 2:   For subparagraph   (c)(ii), for how long an airworthiness review certificate remains in force, see regulation   42.870.

  (3)   An offence against subregulation   (1) is an offence of strict liability.