Commonwealth Numbered Regulations

1988 NO. 158 CIVIL AVIATION REGULATIONS - REG 47

47. (1) Where the owner, the operator or a flight crew member of, or an
authorised person engaged (whether as an employee or on his or her own behalf)
in the maintenance of, an aircraft in respect of which a maintenance release
is in force considers:

   (a)  that:

        (i)    a requirement or condition imposed under these Regulations in
               respect of the maintenance of the aircraft has not been
               complied with;

        (ii)   the aircraft has suffered major damage or has developed a major
               defect, other than damage or a defect that is a
               permissible unserviceability;

        (iii)  abnormal flight or ground loads have been imposed on the
               aircraft; or

        (iv)   maintenance carried out on the aircraft may have adversely
               affected, to such an extent as to affect the safety of the
               aircraft, the flight characteristics of the aircraft or the
               operating characteristics of any aircraft component, or any
               system of aircraft components, installed in the aircraft; and

   (b)  that there is a likelihood that the aircraft will be flown before:

        (i)    the requirement or condition referred to in subparagraph (a)
               (i) has been complied with;

        (ii)   the damage or defect referred to in subparagraph (a) (ii) has
               been remedied;

        (iii)  any damage caused by the imposition of the abnormal loads
               referred to in subparagraph (a) (iii) has been remedied; or

        (iv)   the characteristics referred to in subparagraph (a) (iv) have
               been corrected;
as the case may be; he or she shall, subject to subregulation (2), enter on
the maintenance release, or other document approved for use as an alternative
to the maintenance release for the purposes of this subregulation, an
endorsement signed by him or her setting out the facts of the situation and
stating that the aircraft is unairworthy, and thereupon the maintenance
release ceases to be in force.

(2) A person is not required under subregulation (1) to enter an endorsement
on a maintenance release or other document approved for use as an alternative
to a maintenance release if:

   (a)  the maintenance release was issued by virtue of paragraph 43 (7) (b);
        and (b) the person considers that the ground for entering the
        endorsement:

        (i)    existed at the time when the maintenance release was issued;
               and

        (ii)   was known to the person who issued the maintenance release or
               to a responsible employee of that person.

(3) Where the owner, the operator or the pilot in command of, or an
authorised person engaged (whether as an employee or on his or her own behalf)
in the maintenance of, an aircraft in respect of which a maintenance release
is in force, becomes aware that the certificate of airworthiness in respect of
the aircraft has been suspended or cancelled, he or she shall enter on the
maintenance release an endorsement signed by him or her setting out the facts
of the situation and stating that the aircraft is unairworthy, and thereupon
the maintenance release ceases to be in force.

(4) Where:

   (a)  an authorised person (whether acting as an employee or on his or her
        own behalf) carries out maintenance on an aircraft in pursuance of an
        authorisation under subregulation 35 (3), or subregulation 36 (3) with
        a view to the aircraft being tested; and

   (b)  there is in force in respect of the aircraft a maintenance release
        issued by virtue of paragraph 43 (7) (a); the authorised person shall
        enter on the maintenance release an endorsement signed by him or her
        setting out that he or she has carried out maintenance authorised
        under the relevant provision referred to in paragraph (a) and that the
        aircraft requires testing, and thereupon the maintenance release
        ceases to be in force.