CASA EX61/11 – Exemption – from paragraph 42.030(2)(b) and subparagraph 42.030(2)(e)(ii) of CASR 1998

Link to law: https://www.comlaw.gov.au/Details/F2011L01235

Instrument number CASA EX61/11
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
21 June 2011
Exemption — from paragraph 42.030 (2) (b) and subparagraph 42.030 (2) (e) (ii) of CASR 1998
1          Duration
                 This instrument:
(a)   commences on the day after registration; and
(b)   stops having effect at the end of 26 June 2013.
2          Application
                 This exemption applies to an aircraft:
(a)   to which Part 42 of CASR 1998 applies; and
(b)   that is maintained in accordance with regulation 202.184 of CASR 1998 by a person who is permitted under regulation 42ZC or 42ZD of the Civil Aviation Regulations 1988 (CAR 1988) to carry out maintenance on the aircraft.
3          Exemption
                 The registered operator of an aircraft to which this exemption applies is exempt from compliance with paragraph 42.030 (2) (b) and subparagraph 42.030 (2) (e) (ii) of CASR 1998.
4          Conditions
        (1)     The exemption is subject to the conditions mentioned in Schedule 1.
        (2)     Before the first flight after completion of maintenance, the registered operator must ensure that the conditions have been complied with.
Schedule 1          Conditions
      1     If the maintenance has been carried out by a person permitted under regulation 42ZC of the CAR 1988, the certification of completion of maintenance performed under regulation 42ZE of CAR1988 must include a final certification by a person who is permitted under regulation 42ZE to certify for the completion of maintenance on the aircraft.
      2     If the maintenance has been carried out by a person permitted under regulation 42ZD of the CAR 1988, the certification of completion of maintenance performed under regulation 42ZN of CAR1988 must include a final certification by a person who is permitted under regulation 42ZN to certify for the completion of maintenance on the aircraft.
      3     The final certification must be performed when all of the maintenance carried out on an aircraft at a particular time has been completed and certified.
      4     The final certification must be performed in the flight technical log for the aircraft and include the following:
(a)   information identifying the certification as the final certification;
(b)   the signature of the person performing the final certification;
(c)   either the licence number or any other unique number that identifies the person and relates to his or her entitlement to perform the final certification;
(d)   the date and time of the issue of the final certification.
      5     Before a person performs the final certification, he or she must ensure:
(a)   that any defect in the aircraft that the person is aware of has been rectified; or
(b)   that the rectification of defect has been deferred in accordance with clauses 6 and 7; or
(c)   if the defect could not be rectified or deferred — that the details of the defect have been entered in the flight technical log for the aircraft.
      6     The rectification of a defect may only be deferred if:
(a)   the defect does not adversely affect the airworthiness of the aircraft; or
(b)   the operation of the aircraft for a flight with the defect is permitted by any of the following:
             (i)  the instructions for continuing airworthiness for the aircraft;
            (ii)  the minimum equipment list for the aircraft;
           (iii)  the configuration deviation list for the aircraft;
           (iv)  an airworthiness directive; or
(c)   the defect consists of, or is caused by, damage to the aircraft that is approved as a permissible unserviceability under regulation 21.007 of CASR 1998; or
(d)   the defect is in an item of operational or emergency equipment that:
             (i)  is fitted to the aircraft; and
            (ii)  is not required by the certification basis for the aircraft; and
           (iii)  is not required by or under CAR 1988 or CASR 1998 for the operation of the aircraft for a flight.
      7     If the rectification of a defect is deferred, it must be deferred:
(a)   if the aircraft is in Australian territory — by a person who is permitted under regulation 42ZE to ce.rtify for completion of whatever maintenance would be required for the rectification of the defect; or
(b)   if the aircraft is outside Australian territory — by a person who is permitted under regulation 42ZN to certify for completion of whatever maintenance would be required for the rectification of the defect.
      8     If the rectification of a defect is deferred, a record of the deferral must be made in the flight technical log for the aircraft by the person who defers the rectification of the defect and the record must include the following information:
(a)   a description of the defect;
(b)   the justification for the person’s decision to defer the rectification of the defect taking into account the requirements and conditions of clauses 6 and 7;
(c)   any limitations or conditions mentioned in a document mentioned in clause 6 in relation to the deferral of the rectification of the defect and the operation of the aircraft;
(d)   the signature of the person;
(e)   the licence number, or any other unique number, that identifies the person and relates to his or her privilege to certify for the completion of whatever maintenance would be required for rectification of the defect in accordance with paragraph 7 (a) or (b).
 
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