Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 39.003

  (1)   A person must not operate an Australian aircraft, or a Part   103 aircraft, that is covered by an airworthiness directive (other than an aircraft to which subregulation   (4) applies), or that is fitted with an aeronautical product covered by an airworthiness directive (other than an aircraft to which subregulation   (5) applies):

  (a)   in breach of any requirement of the airworthiness directive that affects the operating limitations of the aircraft; or

  (b)   while any other requirement of the airworthiness directive has not been complied with.

Penalty:   50 penalty units.

  (2)   The registered operator of an Australian aircraft that is covered by an airworthiness directive (other than an aircraft to which subregulation   (4) applies), or that is fitted with an aeronautical product covered by an airworthiness directive (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 airworthiness directive that affects the operating limitations of the aircraft; or

  (b)   while any other requirement of the airworthiness directive has not been complied with.

Penalty:   50 penalty units.

  (3)   An offence against subregulation   (1) is an offence of strict liability.

  (4)   This subregulation   applies to an aircraft covered by an airworthiness directive if:

  (a)   the airworthiness directive does not contain a statement to the effect that a special flight permit must not be issued for an aircraft covered by the airworthiness directive; 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 airworthiness directive if:

  (a)   the airworthiness directive 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 airworthiness directive; and

  (b)   the aircraft is authorised to operate under a special flight permit that is in force.