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is fitted with an aeronautical product covered by an AD (other than an
aircraft to which subregulation (5) applies), must not permit a person
to operate the aircraft:
(a) in breach of any requirement of the AD that affects the operating
limitations of the aircraft; or
(b) while any other requirement of the AD has not been complied
with.
Penalty: 50 penalty units.
Note For Australian aircraft see subsection 3 (1) of the Act; for AD and
aeronautical product see the Dictionary.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page – Amdt No. 10 – 28 July 2004 Civil Aviation Safety Authority
Part 39 — 3
(3) An offence against subregulation (1) is an offence of strict liability.
(4) This subregulation applies to an aircraft covered by an AD if:
(a) the AD does not contain a statement to the effect that a special
flight permit must not be issued for an aircraft covered by the
AD; and
(b) the aircraft is authorised to operate under a special flight permit
that is in force.
(5) This subregulation applies to an aircraft that is fitted with an
aeronautical product covered by an AD if:
(a) the AD does not contain a statement to the effect that a special
flight permit must not be issued for an aircraft fitted with an
aeronautical product covered by the AD; and
(b) the aircraft is authorised to operate under a special flight permit
that is in force.
39.004 Aircraft etc excluded from operation of AD on adoption of
alternative method for correcting unsafe condition
(1) CASA may, on the written request of a person (the applicant), by
instrument in writing, exclude from the operation of an AD an aircraft
or aeronautical product that, apart from this regulation, would be
covered by the AD, on condition that the applicant takes the action set
out in the instrument, at the time, or in the circumstances, mentioned
in the instrument.
(2) In making its decision, CASA must:
(a) take into account any reasons given by the applicant in the
applicant’s application for the exclusion of the aircraft or
aeronautical product from the operation of the AD; and
(b) regard the preservation of a level of aviation safety that is at least
acceptable as paramount.
(3) If CASA issues the instrument, the aircraft or aeronautical product is
excluded from the operation of the AD unless the applicant fails to
comply with the condition set out in the instrument.
Note For AD and aeronautical product see the Dictionary.
39.005 Aircraft etc excluded from operation of AD because unsafe
condition has ceased to exist
(1) A person may ask CASA in writing to exclude from the operation of
an AD an aircraft or aeronautical product that, apart from this
regulation, would be covered by the AD, on the ground that the
unsafe condition that the AD seeks to correct does not exist, and
cannot develop, in the aircraft or aeronautical product because of:
(a) a modification of, or repairs to, the aircraft or aeronautical
product that were approved under regulation 35 of CAR; or
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR – 1st Edition – January 2003
Civil Aviation Safety Authority Replacement Page – Amdt No. 10 – 28 July 2004
Part 39 — 4
(b) a modification of the aircraft or aeronautical product that was
carried out in accordance with a supplemental type certificate
applicable to the aircraft or aeronautical product.
(2) If CASA is satisfied that the unsafe condition does not exist, and
cannot develop, in the aircraft or aeronautical product:
(a) CASA must, by instrument in writing, exclude the aircraft or
aeronautical product from the operation of the AD; and
(b) the instrument has effect accordingly.
Note For AD, aeronautical product and supplemental type certificate see the
Dictionary.
39.006 Request for review of operation of AD
A person may ask CASA in writing to review the operation of an AD
on the ground that all aircraft or aeronautical products covered by the
AD, or all aircraft or aeronautical products of a kind mentioned in the
request (being aircraft or aeronautical products covered by the AD),
need no longer be covered by the AD because:
(a) the instructions issued by the manufacturer or manufacturers of
those aircraft or aeronautical products for the carrying out of
maintenance on those aircraft or aeronautical products have been
amended; and
(b) if maintenance is carried out on those aircraft or aeronautical
products in accordance with those instructions as amended, the
　
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