Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.115

  (1)   If:

  (a)   the person responsible for continuing airworthiness for an aircraft becomes aware that there is a defect in the aircraft; and

  (b)   operation of the aircraft for a flight with the defect is not permitted by:

  (i)   the minimum equipment list for the aircraft; or

  (ii)   the configuration deviation list for the aircraft; or

  (iii)   a special flight permit for the flight; and

  (c)   rectification of the defect is not deferred in accordance with Subdivision   42.D.6.1;

the person must ensure that the defect is rectified before the aircraft is next operated for flight.

  (2)   This regulation does not apply in relation to a defect in an item of operational or emergency equipment that:

  (a)   is fitted to the aircraft; and

  (b)   is not required by the certification basis for the aircraft; and

  (c)   is not required by or under these Regulations for operation of the aircraft for the flight.

Note 1:   For paragraph   (c), see Part   90 and the Part   90 Manual of Standards, regulation   207 of CAR and Civil Aviation Order   20.4, Civil Aviation Order   20.11 and Civil Aviation Order   20.18.

Note 2:   See also Division   42.D.6 for other requirements relating to defects.

Note 3:   Under regulation   42.110, failure to comply with this regulation is an offence.