Commonwealth Consolidated Regulations

CIVIL AVIATION REGULATIONS 1988 - REG 47

  (1)   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:

  (a)   that:

  (i)   a requirement or condition imposed under these Regulations in respect of the maintenance of the aircraft has not been complied with;

  (ii)   the aircraft has developed a defect that is major damage or a major defect and that is not a permissible unserviceability;

  (iii)   abnormal flight or ground loads have been imposed on the aircraft; or

  (iv)   maintenance carried out on the aircraft may have adversely affected, to such an extent as to affect the safety of the aircraft, the flight characteristics of the aircraft or the operating characteristics of any aircraft component, or any system of aircraft components, installed in the aircraft; and

  (b)   that there is a likelihood that the aircraft will be flown before:

  (i)   the requirement or condition referred to in subparagraph   (a)(i) has been complied with;

  (ii)   the defect referred to in subparagraph   (a)(ii) has been remedied;

  (iii)   any damage caused by the imposition of the abnormal loads referred to in subparagraph   (a)(iii) has been remedied; or

  (iv)   the characteristics referred to in subparagraph   (a)(iv) have been corrected;

    as the case may be;

he or she shall enter on the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this subregulation, an endorsement signed by him or her setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.

Penalty:   25 penalty units.

  (1A)   For subregulation   (1), damage to an aircraft is taken not to be major damage if advice has been given under regulation   21.007A of CASR that the damage is not major damage.

  (1B)   For subregulation   (1), damage to a limited category aircraft is taken not to be major damage if advice has been given under regulation   132.175 of CASR that the damage is not major damage.

  (1C)   For subregulation   (1), a defect in a limited category aircraft is taken not to be a major defect if advice has been given under regulation   132.175 of CASR that the defect is not a major defect.

  (3)   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 becomes aware that the certificate of airworthiness in respect of the aircraft has been suspended or cancelled, he or she shall enter on the maintenance release an endorsement signed by him or her setting out the facts of the situation and stating that the aircraft is unairworthy, and thereupon the maintenance release ceases to be in force.

Penalty:   25 penalty units.

  (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.