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any person who is likely to fly, or issue a maintenance release for, the
aircraft.
Penalty: 50 penalty units.
(5) An offence against subregulation (3) or (4) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
74 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
Division 2 Maintenance for which Holder of Certificate of Registration
Responsible
Subdivision 1 Class A Aircraft
39 Maintenance required by approved system of maintenance
(1) The holder of the certificate of registration for a class A aircraft must
ensure that all maintenance required to be carried out on the aircraft
(including any aircraft components from time to time included in or
fitted to the aircraft) by the aircraft’s approved system of maintenance
is carried out when required by that system.
Penalty: 50 penalty units.
(2) A person must not use a class A aircraft in an operation if there is not
an approved system of maintenance for the aircraft that includes
provision for the maintenance of all aircraft components from time to
time included in, or fitted to, the aircraft.
Penalty: 50 penalty units.
Note A system of maintenance is approved under regulation 42M.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
40 Defective or inappropriate systems of maintenance
If the approved system of maintenance for a class A aircraft is:
(a) no longer appropriate; or
(b) defective;
within 7 days of becoming aware of the inappropriate aspect or the
defect, the holder of the certificate of registration for the aircraft must
make a request under regulation 42P for CASA or an authorised
person to approve changes to the system to ensure that it is appropriate
and not defective.
Penalty: 25 penalty units.
Civil Aviation Regulations 1988 75
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Subdivision 2 Class B Aircraft
41 Maintenance schedule and maintenance instructions
(1) The holder of the certificate of registration for a class B aircraft must
ensure that all maintenance required to be carried out on the aircraft
(including any aircraft components from time to time included in or
fitted to the aircraft) by the aircraft’s maintenance schedule is carried
out when required by that schedule.
Penalty: 50 penalty units.
(2) A person must not use a class B aircraft in an operation if there is not a
maintenance schedule for the aircraft that includes provision for the
maintenance of all aircraft components from time to time included in,
or fitted to, the aircraft.
Penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
Note For strict liability, see section 6.1 of the Criminal Code.
42 Defective or inappropriate maintenance schedule
If the maintenance schedule for a class B aircraft is defective or no
longer appropriate, the holder of the certificate of registration for the
aircraft, within 7 days after becoming aware of the defect, or that the
schedule is inappropriate, must report the situation to CASA and take
one of the following actions to ensure that the aircraft has a
maintenance schedule that is appropriate and not defective:
(a) if the aircraft’s maintenance schedule is the manufacturer’s
maintenance schedule:
(i) elect to use the CASA maintenance schedule as the
aircraft’s maintenance schedule; or
(ii) under regulation 42J, request CASA or an authorised
person to approve a system of maintenance for the aircraft;
(b) if the aircraft’s maintenance schedule is the CASA maintenance
schedule:
(i) elect to use the manufacturer’s maintenance schedule as the
maintenance schedule for the aircraft; or
(ii) under regulation 42J, request CASA or an authorised
person to approve a system of maintenance for the aircraft;
(c) if the aircraft’s maintenance schedule is an approved system of
maintenance:
(i) under regulation 42P, request CASA to approve a proposed
change to the system; or
(ii) elect to use the manufacturer’s maintenance schedule as the
maintenance schedule for the aircraft; or
76 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(iii) elect to use the CASA maintenance schedule as the
maintenance schedule for the aircraft.
Penalty: 25 penalty units.
　
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