(1) If the registered operator of an aircraft has entered into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the person responsible for continuing airworthiness for the aircraft is:
(a) for a requirement of this Subpart for which, under the contract, the registered operator is responsible--the registered operator of the aircraft; and
(b) for a requirement of this Subpart for which, under the contract, the organisation is responsible--the organisation.
Note 1: Under regulation 42.050, a contract between the registered operator of an aircraft and a continuing airworthiness management organisation must deal with:
(a) the matters relating to the continuing airworthiness of the aircraft for which the registered operator is responsible, including the requirements of this Subpart for which the registered operator is responsible; and
(b) the matters relating to the continuing airworthiness of the aircraft for which the continuing airworthiness management organisation is responsible, including the requirements of this Subpart for which the organisation is responsible.
Note 2: Under subregulation 42.040(2), a contract between the registered operator of an aircraft that is authorised to operate under an AOC, other than an Australian air transport AOC, and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
Note 3: Under subregulation 42.040(3), a contract between the registered operator of a large aircraft that is not authorised to operate under an AOC and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
Note 4: Under regulation 42.045, a contract between the registered operator of a small aircraft that is not authorised to operate under an AOC may provide that the organisation is to ensure that 1 or more of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
(2) If subregulation (1) does not apply, the
person responsible for continuing airworthiness for an aircraft is the
registered operator of the aircraft.