CASA EX71/13 - Exemption - defect beyond designated rectification interval

Link to law: https://www.comlaw.gov.au/Details/F2013L01186

Instrument number CASA EX71/13
I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed John F. McCormick]
John F. McCormick
Director of Aviation Safety
27 June 2013
Exemption — defect beyond designated rectification interval
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   stops having effect at the end of 31 May 2016, as if it had been repealed by another instrument.
2          Definitions
                 In this instrument:
affected aircraft means an aircraft that:
(a)   is an aircraft to which Part 42 of CASR 1998 applies; and
(b)   has a MEL that permits operation of the aircraft for a flight with a defect before the expiration of a designated rectification interval; and
(c)   has an affected defect.
affected defect, for an aircraft, means a defect:
(a)   which is included in the MEL for the aircraft; and
(b)   for which the designated rectification interval for the defect has expired.
designated rectification interval, for a defect in an aircraft, means the period within which the MEL permits the operation of the aircraft for a flight with the defect.
extended rectification interval, for an defect listed in an MEL that has a designated rectification interval, means a period that:
(a)   is equal to the designated rectification interval; and
(b)   commences immediately after the expiration of the designated rectification interval.
MEL means a minimum equipment list approved by CASA for an aircraft.
person responsible, in relation to an affected aircraft, means the person responsible for the continuing airworthiness for the aircraft.
qualified individual has the meaning given by regulation 42.350 of CASR 1998.
3          Application
                 This instrument applies to:
(a)   the registered operator of an affected aircraft; and
(b)   the person responsible for an affected aircraft; and
(c)   a qualified individual who defers the rectification of a defect in an affected aircraft.
4          Exemptions
        (1)     The registered operator of an affected aircraft is exempt from the requirements of paragraphs 42.030 (2) (a) and (e) of CASR 1998 in relation to an affected defect.
        (2)     The person responsible for an affected aircraft is exempt from the requirement of subregulation 42.110 (1) of CASR 1998, to the extent that it requires compliance with regulation 42.115 of CASR 1998, in relation to an affected defect.
        (3)     The qualified individual for an affected aircraft is exempt from the requirements of regulation 42.360 of CASR 1998 in relation to an affected defect.
5          Conditions
                 The exemption is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     Subject to clause 2, the affected aircraft may only be operated with the affected defect if:
(a)   operation of the aircraft beyond the designated rectification interval for the defect is permitted by the approval of a permissible unserviceability under subregulation 37 (1) of the Civil Aviation Regulations 1988 (CAR 1988); and
(b)   the aircraft is used in accordance with all conditions set out in any direction made under subregulation 37 (2) of CAR 1988 relating to the defect.
        2     The approval of the permissible unserviceability mentioned in paragraph 1 (a) must have been given by an officer of CASA if:
(a)   the defect is listed in the MEL as having a Category A rectification interval or a Category D rectification interval; or
(b)   the extended rectification interval for the defect has expired.
 
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