Commonwealth Numbered Regulations

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1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 36

Approval of aircraft components for use as replacements
36. (1) A person may apply to the Authority or an authorised person for
approval of an aircraft component, or of aircraft components included in a
type of aircraft component, as a replacement for another aircraft component or
aircraft components included in another type of aircraft component.

(2) Where an applicant under subregulation (1):

   (a)  furnishes to the Authority or the authorised person such evidence
        relating to the suitability of an aircraft component to which the
        application relates for use as a replacement as set out in the
        application as the Authority or the authorised person requires; and

   (b)  satisfies the Authority or the authorised person that the design of
        any such aircraft component conforms with any design standard in force
        under regulation 21 in respect of any aircraft component for which the
        first-mentioned aircraft component is intended to be a replacement;
        the Authority or the authorised person shall approve the
        aircraft component, or aircraft components included in a type of
        aircraft components, to which the application relates for use as a
        replacement as set out in the application.

(3) Where the Authority or an authorised person, in considering an application
under subregulation (1) for approval of the use of an aircraft component as a
replacement as set out in the application is not satisfied that that use will
not affect the safety of an aircraft, the Authority or the authorised person
may, if the applicant so requests, authorise the fitting to a particular
aircraft of an aircraft component as a replacement as set out in the
application with a view to an application being made under regulation 134 for
permission to test the aircraft in flight to discover whether or not the use
of that aircraft component has adversely affected the safety of the aircraft.

(4) An authorisation under subregulation (3) shall be in writing and shall
include a statement that the authorisation is given for the purpose of testing
the aircraft to which the aircraft component concerned is to be fitted.

(5) For the purpose of carrying out maintenance in accordance with an
authority given under subregulation (3), the use of the aircraft component
concerned as a replacement shall be deemed to have been approved under
subregulation (2).

(6) Where:

   (a)  the results of a test referred to in subregulation (3) are furnished
        to the Authority or to an authorised person; and

   (b)  having regard to those results, the Authority or the authorised person
        is satisfied that the replacement concerned will not adversely affect
        the safety of an aircraft; the Authority or the authorised person, as
        the case may be, shall approve the aircraft component, or
        aircraft components included in the type of aircraft components, to
        which the application relates for use as a replacement as set out in
        the application. 


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