Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this Part:
"accountable manager" :
(a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and
(b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1).
"aircraft control system" , for an aircraft, means the system of the aircraft by which the flight path, attitude or propulsive force of the aircraft is changed.
"airworthiness review" means a review carried out under Division 42.I.3.
"airworthiness review certificate" means a document that complies with regulation 42.860.
"airworthiness review employee" means an individual who is authorised by a continuing airworthiness management organisation in accordance with the Part 42 Manual of Standards to do the following on behalf of the organisation:
(a) carry out an airworthiness review for an aircraft;
(b) issue an airworthiness review certificate.
"airworthy" has the meaning given by subregulation (2).
"approval certificate" :
(a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and
(b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1).
"approval certificate reference number" means:
(a) for a Subpart 42.F organisation--the number determined by CASA under subregulation 42.520(2); and
(b) for a continuing airworthiness management organisation--the number determined by CASA under subregulation 42.595(2); and
(c) for a Part 145 organisation--the number determined by CASA under subregulation 145.035(2).
"approval rating" means a rating for a kind of aircraft, aeronautical product or specialist maintenance specified in the Part 42 Manual of Standards.
"approved design" means:
(a) for an aircraft, aircraft engine or propeller:
(i) the type design for the aircraft, engine or propeller; and
(ii) any changes to the type design made in accordance with a Part 21 approval; and
(b) for an aeronautical product, other than an aircraft engine or propeller, that is approved in a manner mentioned in regulation 21.305 or 21.305A:
(i) the design specifications for the product; and
(ii) any changes to the design specifications made in accordance with a Part 21 approval.
"approved maintenance program" , for an aircraft, means a maintenance program for the aircraft that has been approved in accordance with Subpart 42.J, including any variations to the program that have been approved in accordance with Subpart 42.J.
"approved reliability program" , for an aircraft, means a reliability program for the aircraft that has been approved in accordance with Subpart 42.L, including any variations to the program that have been approved in accordance with Subpart 42.L.
"certification authorisation number" means:
(a) for a certification authorisation issued by a Subpart 42.F organisation--the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 42 Manual of Standards; and
(b) for a certification authorisation issued by a Part 145 organisation--the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 145 Manual of Standards.
"competent" , to carry out maintenance on an aircraft or aeronautical product, has the meaning given by subregulation 42.315(1).
"configuration deviation list" , for an aircraft, means a document that:
(a) is prepared by the aircraft's type certificate holder or foreign type certificate holder; and
(b) is approved by the State of Design for the aircraft; and
(c) lists each external part of the aircraft that is permitted to be missing from the aircraft, under conditions specified in the document, at the commencement of a flight by the aircraft.
"continuing airworthiness management service" has the meaning given by subregulation 42.575(1).
"continuing airworthiness manager" , for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1).
"continuing airworthiness record" , for an aircraft, has the meaning given by subregulation (3).
"continuing airworthiness records system" , for an aircraft, means the system required by regulation 42.170 for the aircraft.
"continuing airworthiness responsibility" , for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1).
"creation date" has the meaning given by subregulation 42.260(2).
"critical control system maintenance" , for an aircraft:
(a) means maintenance carried out on the aircraft control system for the aircraft that, if not carried out correctly, may result in a failure, malfunction or defect of the system that will endanger the safe operation of the aircraft; and
(b) does not include optional dual flight control maintenance.
"eligible to be fitted" , for a part, has the meaning given by subregulation (4).
"eligible to be used" , for a material, has the meaning given by subregulation (5).
"exposition" :
(a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and
(b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1); and
(c) for a Part 145 organisation--has the meaning given by subregulation 145.010(1).
"independent individual" , for critical control system maintenance for an aircraft, has the meaning given by regulation 42.335.
"independent maintainer" means an individual mentioned in item 1, 3, 4 or 5 of table 42.300.
"life limit" , for an aeronautical product that is fitted, or is to be fitted, to an aircraft or another aeronautical product (the second aeronautical product ), means:
(a) if an airworthiness directive specifies an amount of use, or an age, after which the product must not be used--that amount of use, or age; or
(b) if paragraph (a) does not apply, and the approved design for the aircraft specifies an amount of use, or an age, after which the product must not be used--that amount of use, or age; or
(c) if paragraphs (a) and (b) do not apply, and the approved design for the second aeronautical product specifies an amount of use, or an age, after which the product must not be used--that amount of use, or age; or
(d) if none of paragraphs (a), (b) and (c) apply--the amount of use, or age, specified in the approved design for the product as the amount of use, or age, after which the product must not be used.
Note: Life limit may be expressed in a number of ways, including the amount of operating time, the number of operating cycles or a calendar period.
"main location" , for a Part 145 organisation, has the meaning given by the Part 145 Manual of Standards.
"maintenance program" , for an aircraft that is authorised to operate under an AOC or a large aircraft, means the approved maintenance program for the aircraft.
"maintenance program approval employee" , for a continuing airworthiness management organisation, means an individual who is authorised by the organisation in accordance with the Part 42 Manual of Standards:
(a) to approve a maintenance program for an aircraft; or
(b) to approve a variation to a maintenance program for an aircraft.
"maintenance record" means:
(a) for maintenance carried out on an aircraft--a record that contains:
(i) the information required under regulation 42.395; and
(ii) the maintenance certification for the maintenance; and
(b) for maintenance carried out on an aeronautical product--a record required to be made under regulation 42.400.
"optional dual flight control maintenance" means maintenance:
(a) that involves only the connection or disconnection of optional dual flight controls without using tools; and
(b) that does not involve the assembly, adjustment, repair, modification or replacement of any other part of the aircraft control system.
"Part 21 approval" means:
(a) for a change to the type design of an aircraft, aircraft engine or propeller:
(i) an approval under regulation 21.095 or 21.098; or
(ii) an approval in a supplemental type certificate or a foreign supplemental type certificate; or
(iii) a modification/repair design approval; or
(iv) an approval taken to have been given under regulation 21.465 or 21.470; or
(v) an approval mentioned in regulation 21.475; or
(vi) an approval that continues in force under regulation 202.054, 202.055 or 202.056; and
(b) for a change to the design of an aeronautical product other than an aircraft engine or propeller:
(i) a modification/repair design approval; or
(ii) an approval taken to have been given under regulation 21.465 or 21.470; or
(iii) an approval mentioned in regulation 21.475; or
(iv) an approval that continues in force under regulation 202.054, 202.055 or 202.056.
Note: For the definition of modification/repair design approval , see Part 1 of the Dictionary.
"Part 90 Manual of Standards" means the Manual of Standards issued by CASA under regulation 90.020.
"person responsible for continuing airworthiness" , for an aircraft, has the meaning given by regulation 42.105.
"qualified individual" , for a defect in an aircraft, has the meaning given by regulation 42.350.
"quality manager" , for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575(1).
"responsibility start date" , for a person and an aircraft, means the day on which the person becomes the person responsible for continuing airworthiness for the aircraft.
"responsible manager" :
(a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and
(b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1).
"serviceable" , in relation to an aeronautical product, has the meaning given by subregulation (6).
"significant change" :
(a) for a Subpart 42.F organisation--has the meaning given by subregulation 42.500(1); and
(b) for a continuing airworthiness management organisation--has the meaning given by subregulation 42.575(1).
"unapproved" , in relation to a part, has the meaning given by regulation 42.470.
"unsalvageable" , in relation to an aeronautical product, has the meaning given by subregulation (7).
Note: See the Dictionary for definitions of other terms used in this Part.
(2) An aircraft is airworthy if it is in a state that conforms with its approved design and is in a condition for safe operation.
(3) Each of the following is a continuing airworthiness record for an aircraft:
(a) a record made under paragraph 42.130(3)(b) for the aircraft;
(b) a record made under Subdivision 42.C.3.2 for the aircraft;
(c) a document kept under regulation 42.215 for the aircraft;
(d) a record made under this Part in the flight technical log for the aircraft;
(e) a record made by a means, other than a flight technical log, approved by CASA under regulation 42.250;
(f) a record made under regulation 42.345 for the aircraft;
(g) a record made under regulation 42.370 for the aircraft;
(h) a maintenance record for maintenance carried out on the aircraft;
(i) a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft;
(j) a copy of the design of a modification or repair that is unique to the aircraft;
(k) if an aircraft maintenance record was kept for the aircraft in accordance with Division 10 of Part 4A of CAR--that aircraft maintenance record;
(l) a document for the aircraft:
(i) that is equivalent to a document mentioned in paragraphs (a) to (k); and
(ii) that was issued or kept under a law of a foreign country;
(m) a record of information for the aircraft:
(i) that is equivalent to a record mentioned in paragraphs (a) to (k); and
(ii) that was made or kept under a law of a foreign country.
Note: For paragraph (d), see the notes to regulation 42.220.
(4) A part is eligible to be fitted to an aircraft or another aeronautical product if the fitting is permitted:
(a) by the approved design for the aircraft or the other aeronautical product that the aeronautical product will be fitted to; or
(b) by an Australian Parts Manufacturer Approval; or
(c) by a Parts Manufacturer Approval issued by the FAA; or
(d) by a parts manufacturer approval issued by a national aviation authority to which subregulation (4A) applies.
(4A) For paragraph (4)(d). this subregulation applies to the national aviation authority of a Contracting State if:
(a) Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or
(b) CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals.
(5) A material is eligible to be used in or on an aircraft or an aeronautical product if the use is permitted:
(a) by the approved design for the aircraft or the aeronautical product; or
(b) by maintenance data for maintenance to be carried out on the aircraft or aeronautical product.
(6) An aeronautical product is serviceable if the product:
(a) conforms with its approved design; and
(b) is fit for its intended use.
(7) An aeronautical product is unsalvageable if the product:
(a) is unserviceable; and
(b) cannot be made serviceable.