Commonwealth Consolidated Regulations

CIVIL AVIATION SAFETY REGULATIONS 1998 - REG 42.270

  (1)   If the person responsible for continuing airworthiness for an aircraft becomes aware of a major defect in the aircraft, the person must, within 2 days after becoming aware of the defect, report the defect, in accordance with subregulation   (2), to:

  (a)   CASA; and

  (b)   if the defect does not relate to a modification mentioned in paragraph   (c), (d), (e) or (f)--the type certificate holder or foreign type certificate holder for the aircraft; and

  (c)   if the defect relates to a modification made to the aircraft that is covered by a supplemental type certificate for the aircraft--the supplemental type certificate holder or foreign supplemental type certificate holder for the aircraft; and

  (d)   if the defect relates to a part produced in accordance with an Australian Parts Manufacturer Approval--the holder of the Australian Parts Manufacturer Approval; and

  (e)   if the defect relates to a part produced in accordance with a Parts Manufacturer Approval issued by the FAA--the holder of the Parts Manufacturer Approval; and

  (ea)   if the defect relates to a part produced in accordance with a parts manufacturer approval issued by a national aviation authority to which subregulation   (1A) applies--the holder of the approval; and

  (f)   if the defect relates to a modification made in accordance with a design covered by any of the following approvals--the holder of the approval:

  (i)   a modification/repair design approval;

  (ii)   an approval mentioned in regulation   21.475;

  (iii)   an approval that continues in force under regulation   202.054, 202.055 or 202.056.

Penalty:   50 penalty units.

  (1A)   For paragraph   (1)(ea), this subregulation   applies to the national aviation authority of a Contracting State if:

  (a)   Australia has an agreement (however described) with the Contracting State for the acceptance of parts manufacturer approvals; or

  (b)   CASA has an agreement (however described) with the national aviation authority for the acceptance of parts manufacturer approvals.

  (2)   The report must be made:

  (a)   in writing; and

  (b)   in the approved form.

Note:   Under regulation   11.018, a report in the approved form is not complete unless it contains all of the information required by the form.

  (3)   It is a defence to a prosecution under subregulation   (1) that relates to a failure to report a defect to the holder of an approval mentioned in subparagraph   (1)(f)(iii) that the defendant:

  (a)   made all reasonable efforts to identify the holder of the approval; and

  (b)   was unable to identify the holder.

Note 1:   A defendant bears an evidential burden in relation to the matters mentioned in subregulation   (3) (see subsection   13.3(3) of the Criminal Code ).

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