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CIVIL AVIATION REGULATIONS (AMENDMENT) 1991 NO. 487
EXPLANATORY STATEMENTSTATUTORY RULES 1991 No. 487
Issued by the authority of the Minister of State for Shipping and Aviation Support
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in particular in relation to the safety of air navigation.
These Regulations amend the Civil Aviation Regulations (the Principal Regulations) in order to update Australia's requirements relating to the maintenance of aircraft. The Regulations effect the most significant change to aircraft maintenance requirements since 1972 and bring Australia's requirements into line with overseas standards and practices.
The prime objective of the Regulations is to reduce costs to the aviation industry by:
• simplifying the previous maintenance requirements and improving safety standards by harmonisation with overseas standards;
• eliminating unnecessary administrative processes;
• eliminating unique Australian maintenance requirements unless such differences are clearly justifiable;
• aligning Australian procedures with the internationally accepted approach towards aircraft maintenance;
• increasing the flexibility for maintenance of general aviation aircraft; and
• correcting deficiencies identified in the previous maintenance regulations and Orders that have resulted in unnecessary or ambiguous maintenance requirements and practices.
The majority of the previous maintenance requirements were set out in outdated Civil Aviation Orders. The Civil Aviation Authority (the Authority) has decided to eliminate this third-tier of legislation and specify all the new requirements in the Civil Aviation Regulations. This ensures that the new requirements are soundly based in law and are readily accessible to the public.
The Regulations specify the necessary maintenance inspection requirements applicable to two classes of aircraft. These are identified as class A aircraft and class B aircraft.
A class A aircraft is one which has a certificate of airworthiness classifying it as a transport category aircraft or which is authorised by an Air Operator's Certificate to be used in regular public transport operations. This classification encompasses the larger passenger carrying aircraft.
A class B aircraft is any aircraft that is not a class A aircraft. Class B aircraft include most private aircraft, aircraft used for flying training and balloons.
All class A aircraft will be required to be maintained by an approved organisation to an approved system of maintenance. These requirements are basically unchanged from existing requirements.
In relation to class B aircraft, however, the Regulations allow the registered owner of an aircraft to elect to maintain the aircraft in accordance with one of the following maintenance programs:
• the manufacturer's system and instructions for continuing airworthiness of the aircraft;
• a 100 hourly or 12 monthly inspection check list which is referred to as the CAA Maintenance Schedule; or
• a schedule of maintenance developed by the owner of the aircraft and approved by the Authority.
Additionally, the Regulations:
(a) provide a clear legislative basis for the Authority to issue emergency airworthiness directives where an unsafe condition exists in an aircraft or an aircraft component;
(b) set out who is permitted to carry out maintenance on an Australian aircraft and how and when that maintenance is to be performed;
(c) detail how and when maintenance work is to be certified;
(d) set out requirements for reporting defects discovered in aircraft;
(e) provide for appeals to the Administrative Appeals Tribunal in relation to various decisions made under the Regulations.
(f) contain necessary transitional and savings provisions.
The Regulations will come into operation on 1 March 1992.
Details of the Regulations are attached.
Attachment
DETAILS OF AMENDMENTS
Part 1 - Amendment
Regulation 1
This regulation provides that the proposed regulations commence on 1 March 1992.
Regulation 2
This regulation provides that the Civil Aviation Regulations (the 'Principal Regulations') are amended as set out in the Regulations.
Regulation 3
This regulation amends regulation 2 by inserting into the Principal Regulations various definitions and interpretation provisions that are required for the purposes of the Principal Regulations.
Regulation 4
This regulation inserts a new regulation 2A into the Principal Regulations.
New regulation 2A sets out the requirements, specifications and instructions which make up the approved maintenance data for an aircraft. Under proposed new regulation 42V (inserted by regulation 19) maintenance on aircraft must be carried out in accordance with the aircraft's approved maintenance data.
Regulation 5
This regulation makes a technical amendment that is consequential on the insertion of new regulations 42ZE and 42ZN.
Regulation 6
This regulation makes a minor amendment to the heading to Division 4 of Part IV to include a reference to "airworthiness authorities".
Regulation 7
This regulation amends regulation 30 of the Principal Regulations by omitting subregulation (2) and substituting new subregulations (2), (2A), (2B), (2C), and (2D).
Regulation 30 provides for certificates of approval authorising persons to engage in the design, manufacture, distribution or maintenance of aircraft, aircraft components or aircraft materials or in the training or conducting of examinations for the issue of aircraft maintenance engineer licences.
New subregulation 30(2) sets out the information that must be included in, or accompany, an application for a certificate of approval. This includes the activities to be covered by the certificate and information relating to the applicant's staff, facilities and quality control procedures.
New subregulation 30(2A) requires the Authority to grant a certificate of approval if it is satisfied that the applicant is able to carry out the activities in a satisfactory manner.
New subregulation 30(2B) requires the Authority to have regard to the information supplied by the applicant under subregulation (2) in determining if it is satisfied that an applicant should be given a certificate of approval.
New subregulation 30(2C) sets out the conditions to which a certificate of approval is subject. The conditions relate to the place at which the maintenance can be carried out, compliance with the applicant's system of quality control, control of the carrying out of the activities and training of the persons carrying out the activities for the certificate holder.
New subregulation 30(2D) sets out the requirements relating to the systems of quality control that need to be put in place by the holders of certificates of approval. The requirements include procedures for the control of the work, the maintenance, control and calibration of equipment and the control of stores.
Regulation 8
This regulation inserts new regulations 30A and 30B into the Principal Regulations.
New regulation 30A enables the holder of a certificate of approval to request the Authority to approve a proposed change to any of the particulars in the certificate of approval.
New subregulation 30B enables the Authority to give the holder of a certificate of approval notice that he or she must notify the Authority of the occurrence of events which the Authority thinks might adversely affect the carrying out of the activities covered by the certificate of approval.
Regulation 9
This regulation inserts new regulations 33A and 33B into the Principal Regulations.
New regulation 33A requires the Authority to notify a person who has applied for a certificate of approval or an aircraft maintenance engineer licence of its decision.
New regulation 33B enables the Authority, in accordance with the Civil Aviation Orders, to issue airworthiness authorities. There are five kinds of airworthiness authority. They are an authority to carry out maintenance on aircraft, to carry out welding in the course of the manufacture or maintenance of aircraft, to conduct examinations required to be passed for the issue of aircraft maintenance engineer licences, to conduct non-destructive testing of aircraft and aircraft components, and to weigh and determine the centre of gravity of aircraft for the purpose of determining requirements to control the centre of gravity during operation.
Regulation 10
This regulation makes a technical amendment to change the existing heading to Division 5 of Part IV of the Principal Regulations.
Regulation 11
This regulation amends regulation 34 by omitting subregulation (1) and substituting a new subregulation (1) and by making a technical amendment to subregulation 34(3).
New subregulation 34(1) will enable the Authority to direct the holder of a certificate of approval covering activities, other than the maintenance of aircraft, to submit to the Authority a proposed system of certification of completion of stages of the activities to which the certificate of approval relates.
Regulation 12
This regulation makes a technical amendment to subregulation 35(7) of the Principal Regulations.
Regulation 13
This regulation inserts a new regulation 36A into the Principal Regulations.
New regulation 36A enables the Authority to give written directions requiring the use of aircraft materials of identified specifications for particular purposes connected with the maintenance, servicing or operation of Australian aircraft. It also provides that a person must not use or permit the use of aircraft material for that purpose unless the aircraft material conforms to the specification or an authorised person has approved the use of the aircraft material for that purpose.
Regulation 14
This regulation inserts a new Division 6 into the Principal Regulations to provide for airworthiness directives.
New regulation 37A enables the Authority to issue an airworthiness directive in emergency situations requiring a person to take the action specified in the directive to remedy the unsafe condition of an aircraft, aircraft component or aircraft equipment.
Regulation 15, 16, 17 and 18
These regulations omit regulations 38, 39, 40 and 41 of the Principal Regulations.
Regulation 19
This regulation omits regulation 42 and inserts a new Part IVA into the Principal Regulations. This Part contains the majority of the new maintenance requirements.
New regulation 38 enables the Authority to give directions relating to the maintenance of aircraft for the purpose of ensuring the safety of air navigation.
New regulation 39 prohibits a person from using a class A aircraft in any kind of operation unless there is an approved system of maintenance for the aircraft and the system includes provision for the maintenance of all aircraft components from time to time included in or fitted to the aircraft. All maintenance required to be carried out on the aircraft by the aircraft's approved system of maintenance must be carried out when required by that system.
New regulation 40 requires the holder of a certificate of registration for a class A aircraft to request the Authority or an authorised person to approve changes to the aircraft's approved system of maintenance if the holder of the certificate becomes aware that the aircraft's approved system of maintenance is defective or no longer appropriate.
New regulation 41 prohibits a person from using a class B aircraft in any kind of operations unless it has a maintenance schedule and the maintenance schedule includes provision for the maintenance of all aircraft components from time to time included in or fitted to the aircraft. All maintenance required to be carried out on the aircraft by the aircraft's maintenance schedule must be carried out when required by the maintenance schedule.
New regulation 42 requires the holder of the certificate of registration for a class B aircraft to report to the Authority if he or she becomes aware that the aircraft's maintenance schedule is defective or no longer appropriate. The holder must also take the necessary action to cure the defect or make the system appropriate.
New regulation 42A provides that a person may elect to use a manufacturer's maintenance schedule as the maintenance schedule of a class B aircraft. The regulation also outlines the special requirements necessary for a manufacturer's maintenance schedule to be be used as an aircraft's maintenance schedule.
New subregulation 42B provides that a person may elect to use the CAA maintenance schedule as the maintenance schedule for the aircraft.
New regulation 42C provides that if the Authority or an authorised person has approved a system of maintenance for a class B aircraft under regulation 42M then the aircraft's maintenance schedule is the approved system of maintenance.
New regulation 42D sets out the requirements for determining an aircraft's maintenance schedule if there would be more than one maintenance schedule for an aircraft.
New regulation 42E sets out the procedure for a person to elect to use a particular maintenance schedule.
New regulation 42F provides that if there is a change of holder of the certificate of registration for a class B aircraft, an election under subregulation 42A(1) or 42B(1) that was in force immediately before the change has effect after the change as if it had been made by the new holder.
New regulation 42G sets out the additional requirements to be complied with if any part of the flight control system of an Australian aircraft is assembled, adjusted, repaired, modified or replaced in the course of carrying out maintenance on the aircraft.
New regulation 42H provides that the requirements of Division 2 are subject to any exemptions or variations granted under Division 7.
New regulation 42J enables the holder of the certificate of registration for an Australian aircraft to request the Authority or an authorised person to approve a system of maintenance for the aircraft.
New regulation 42K provides that the Authority may direct the holder of the certificate of registration for a class B aircraft to develop a system of maintenance for the aircraft and to submit the proposed system to the Authority for approval.
New regulation 42L sets out what must be included in a system of maintenance. The system of maintenance must include a schedule which sets out the regular maintenance inspections, tests and checks to be carried out on the aircraft, when they must be carried out, and nominates one of those inspections to be carried out for the purpose of determining whether a maintenance release should be issued for the aircraft. It must also include a schedule that sets out the inspection to be carried out on the aircraft if it has been struck by lightning and when that inspection is to be carried out. A schedule setting out the inspection to be carried out on the aircraft if abnormal flight or ground loads have been imposed on the aircraft is also required. In addition the system must have a schedule that sets out the time-lifed aircraft components included in the aircraft and when each of those components is to be retired, overhauled or removed and a schedule that sets out the procedures to be followed in carrying out the inspections, tests and checks required by the system of maintenance.
New regulation 42M sets out when the Authority must approve a system of maintenance.
New regulation 42N sets out when the approval by the Authority or authorised person of a system of maintenance will be effective and when it will stop being in force.
New regulation 42P enables the holder of the certificate of registration for an aircraft in respect of which there is an approved system of maintenance to request the Authority or an authorised person to approve a proposed change to the system of maintenance.
New regulation 42Q enables the Authority to direct the holder of the certificate of registration for an aircraft for which there is an approved system of maintenance to make a specified change to the system or to make a change to the system that will correct a specified deficiency in the system and to submit the proposed change to the Authority for approval.
New regulation 42R enables the Authority or authorised person to approve a change to an approved system of maintenance.
New regulation 42S provides that a change to an approved system of maintenance is effective from when the holder of the certificate of registration for the aircraft receives notice of approval of the change.
New regulation 42T requires all changes to a system of maintenance to be approved under regulation 42R.
New regulation 42U provides that a person cannot modify or repair an Australian aircraft unless the design of the modification or repair has been approved under regulation 35, or specified by the Authority in, or by means of, an airworthiness directive or a direction under regulation 25 or 44, or specified in the aircraft's approved maintenance data.
New regulation 42V requires a person carrying out maintenance on an Australian aircraft to ensure that the maintenance is carried out in accordance with the applicable provisions of the aircraft's approved maintenance data.
New regulation 42W sets out the requirements which need to be complied with in the installation and use of aircraft components in carrying out maintenance on an Australian aircraft in Australian territory. A person must not replace an aircraft component with another aircraft component unless the replacement component is serviceable, it is identical with the replaced component and it has received the necessary approval under regulation 36 or is approved as a replacement for the replaced component. If the replacement aircraft component was removed or salvaged from another aircraft and has not had maintenance carried out on it the component must also be undamaged and comply with the manufacturer's specifications (unless it amounts to a permissible unserviceability).
New regulation 42X sets out the requirements for the use of aircraft material in the maintenance of Australian aircraft in Australian territory.
New regulation 42Y exempts a ,person from the need to supply a time-lifed aircraft component under cover of a document satisfying the requirements for a document covering the supply of an aircraft component if the person satisfies the Authority that there is a complete history of the airworthiness record of the time-lifed aircraft component.
New regulation 42Z enables a person to install a removable item of radiocommunications equipment in a VFR aircraft that has a flight manual and that is not approved for flight under the Instrument Flight Rules.
New regulation 42ZA provides that the restrictions in the regulations on the use of an aircraft component, aircraft material or other thing in connection with the maintenance of an Australian aircraft within Australian territory also apply while the aircraft is outside Australian territory.
New regulation 42ZB provides that the requirements of Division 4 are subject to any exemptions or variations granted under Division 7.
New regulation 42ZC sets out who may carry out maintenance on an Australian aircraft in Australian territory. Generally, a person may carry out maintenance on a class A or a class B aircraft if he or she holds an aircraft maintenance engineer licence or an airworthiness authority covering the maintenance and the person either holds a certificate of approval covering the maintenance or is employed by, or working under an arrangement with, a person who holds such a certificate. The regulation prohibits unqualified persons from carrying out maintenance on a class A or a class B aircraft and the certificate of registration holder or the operator or the pilot in command are prohibited from authorising or permitting unqualified persons from carrying out such maintenance.
New regulation 42ZD sets out who may carry out maintenance on an Australian aircraft outside Australian territory.
New regulation 42ZE requires a person who carries out maintenance on an Australian aircraft in Australian territory, or the employer of such a person, to ensure that the completion of the maintenance is certified in accordance with the person's approved system of certification of completion of maintenance or the CAA system of certification of completion of maintenance.
New regulation 42ZF enables a person to request the Authority to approve a system of certification of completion of maintenance.
New regulation 42ZG requires the Authority to approve a system of certification of completion of maintenance if it is satisfied that having regard to the CAA system of certification of completion of maintenance, the system adequately provides for the certification of completion of maintenance.
New regulation 42ZH provides that the approval of a system of certification of completion of maintenance has effect from when notice of approval is given to the person requesting the approval.
New regulation 42ZJ enables a person to request a change to an approved system of certification of completion of maintenance.
New regulation 42ZK requires the Authority or an authorised person to approve a change to an approved system of certification of completion of maintenance if the Authority or authorised person is satisfied that having regard to the CAA system of certification of completion of maintenance, the system as proposed to be changed, would adequately provide for certification of completion of maintenance.
New regulation 42ZL provides that a change to a system of certification of completion of maintenance has effect from when notice of the approval is given to the person requesting the change.
New regulation 42ZM provides that a change to a system of certification of completion of maintenance has no effect until it is approved.
New regulation 42ZN provides that an Australian aircraft on which maintenance has been carried out outside Australian territory must not be flown unless the completion of the maintenance is certified by one of the persons specified in the regulation and the certification is made in a manner acceptable to the Authority.
New regulation 42ZP prohibits a certification for completion of maintenance to be made unless the maintenance was carried out in accordance with the approved maintenance data for the aircraft.
New regulation 42ZQ is an interpretative provision which sets out the provisions in respect of which the Authority may grant exemptions or variations.
New regulation 42ZR sets out the procedure for an applicant to apply for an exemption or variation from a maintenance requirement.
New regulation 42ZS requires the Authority or an authorised person to grant an exemption from or a variation of a requirement if satisfied that granting the exemption or approving the variation will not adversely affect the safety of air navigation.
New regulation 42ZT provides that an exemption or approval of a variation has effect from when notice is given to the applicant.
New regulation 42ZU provides that if the Authority or authorised person has granted an exemption then the person in the relevant notice of decision is exempt from compliance with the specified requirement in relation to the aircraft identified in the notice of decision.
New regulation 42ZV provides that an operator of a Class A aircraft must appoint a qualified person to be a maintenance controller and the operator must ensure that the operator's maintenance manual is complied with.
Regulation 20
This regulation amends regulation 43 to ensure that it is consistent with the new maintenance provisions.
Regulation 21
This regulation amends regulation 44 of the Principal Regulations by adding new subregulations (1A), (1B) and (3).
New subregulation 44(1A) enables the Authority to give directions requiring the endorsement of information on maintenance releases.
New subregulation 44(1B) makes it a condition of a maintenance release for an aircraft that any applicable directions under subregulation (1A) are complied with.
New subregulation 44(3) sets out penalties for contravening a direction given under subregulations (1) and (1A).
Regulation 22
This regulation amends regulation 46 of the Principal Regulations.
Regulation 46 previously required the owner to use his or her best endeavours to ensure that a person who is likely to fly or likely to issue a maintenance release in respect of the aircraft knows either that a direction setting out a condition of the maintenance release under regulation 44 applies to the maintenance release or that the maintenance release has been suspended or cancelled under regulation 45.
The amendment transfers the obligation imposed by the regulation from the owner to the holder of the certificate of registration.
Regulation 23
This regulation amends subregulations 47(1), (2) and (3) of the Principal Regulations.
Regulation 47 previously set out when the owner of an aircraft in respect of which a maintenance release is in force is required to enter on the maintenance release an endorsement signed by him or her stating that the aircraft is unairworthy.
The amendment transfers the obligation imposed by the regulation from the owner to the holder of the certificate of registration. The opportunity has also been taken to amend the subregulations to ensure that they are consistent with current drafting practice.
Regulation 24
This regulation makes a minor consequential amendment to regulation 48 of the Principal Regulations to ensure that it is consistent with the new maintenance provisions.
Regulation 25
This regulation amends regulation 49.
Regulation 49 previously set out when the owner of an aircraft in respect of which a maintenance release is in force is required to enter on the maintenance release an endorsement setting out each of the aircraft's permissible unserviceabilities.
The amendment transfers the obligation imposed by the regulation from the owner to the holder of the certificate of registration. The opportunity has also been taken to amend the regulation so that it is consistent with current drafting practice.
Regulation 26
This regulation amends regulation 50 of the Principal Regulations.
Regulation 50 previously required the owner of an Australian aircraft to enter on the maintenance release an endorsement signed by him or her setting out the particulars of a defect or major damage to the aircraft. The amendment transfers the obligation from the owner to the holder of the certificate of registration.
Regulation 27
This regulation inserts new regulations 50A, 50B, 50C, 50D, 50E and 50F in the Principal Regulations to provide for aircraft log books and alternatives to aircraft log books.
New regulation 50A requires the holder of the certificate of registration for an Australian aircraft to keep a log book in accordance with the Authority's instructions and to make it and other documents referred to in the log book available to the Authority and to other persons engaged in maintenance on the aircraft.
New regulation 50B enables the Authority to approve the use of an alternative to a log book or to a particular section of a log book.
New regulation 50C enables the Authority to give directions in relation to the retention and transfer of aircraft maintenance records or parts of such records and in relation to the making and keeping of copies of aircraft maintenance records and parts of such records.
New regulation 50D requires a person who must keep or retain a record under regulation 50C to make it available for inspection by the Authority or an authorised person.
New regulation 50E sets out the method for determining which maintenance requirements a person must comply with in the event that a person may be required to comply with inconsistent requirements.
New regulation 50F will require a person who has control of an aircraft on which maintenance is being carried out to take reasonable steps to ensure that notice that the maintenance is being carried out is given to any person likely to want to fly the aircraft.
Regulation 28
This regulation amends regulation 51 of the Principal Regulations to clarify the requirements relating to the reporting of defects discovered in aircraft.
New subregulation 51(2) requires a person engaged in the maintenance of an Australian aircraft who becomes aware of the existence of a major defect in the aircraft to report it to the holder of the certificate of registration for the aircraft and to the Authority.
New subregulation 51(3) provides that a person is not required to report a defect if the person was engaged in the maintenance as an employee or is the holder of the certificate of registration for the aircraft.
New subregulation 51(4) requires the holder of the certificate of registration for an Australian aircraft on becoming aware of the existence of a defect in the aircraft to have an investigation made of it and if it is a major defect to have a report made to the Authority with respect to the defect and any matters revealed by the investigation.
Regulation 29
This regulation omits regulation 52 of the Principal Regulations and substitutes new regulations 51A, 51B, 52, 52A and 52B.
New regulation 51A requires a person connected with the operation of an Australian aircraft or the carrying out of maintenance on an Australian aircraft who discovers any major defect in the aircraft to report the defect to the Authority without delay.
New regulation 51B requires a person who discovers a defect in an aircraft in the course of complying with an airworthiness directive or a direction given by the Authority to report the defect to the Authority.
New regulation 52 sets out the requirements and procedures for reporting defects discovered in aircraft components.
New regulation 52A sets out what must be covered in a report of a defect which is required to be made to the Authority under regulation 51, 51A or 52. A report of a defect must, amongst other things, describe the defect, set out the date on which the defect was discovered, the circumstances in which the defect was discovered, set out any action that has been taken or that is proposed to be taken to either rectify or prevent the defect from recurring and set out what the person thinks is the cause of the defect.
New regulation 52B will require a person to take reasonable steps to ensure that an aircraft or part of an aircraft that is defective is retained in a state that will allow the Authority to investigate the defect.
Regulation 30
This regulation omits regulation 54 of the Principal Regulations.
Regulation 31
This regulation makes a technical amendment to paragraph 133(1)(d) of the Principal Regulations that is consequential on the amendment of regulations 34 and 41.
Regulation 32
This regulation omits regulation 230 of the Principal Regulations and substitutes a new regulation 230.
New regulation 230 specifies when a person can start an aircraft engine or permit the engine to be run.
Regulation 33
This regulation amends regulation 231 of the Principal Regulations by prohibiting the holder of the certificate of registration for, or the operator, hirer or pilot in command of, an Australian aircraft from permitting a person to manipulate the propeller of the aircraft for the purpose of starting the engine unless they are satisfied that the person is fully conversant with the correct starting procedures for the aircraft.
Regulation 34
This regulation sets out the decisions that are reviewable by the Administrative Appeals Tribunal.
Regulation 35
This regulation inserts new Schedules 5, 6, 7, 8 and 9 into the Principal Regulations.
New Schedule 5 sets out the CAA Maintenance Schedule.
New Schedule 6 sets out the CAA System of Certification of Completion of Maintenance.
New Schedule 7 outlines the maintenance that must not be carried out on a class B aircraft by a person referred to in paragraph 42ZC(4)(b).
New Schedule 8 outlines the maintenance which may be carried out on a class B aircraft by the holder of a pilot licence.
New Schedule 9 sets out the requirements for a person who is a maintenance controller and the functions of a maintenance controller.
Part 2 - Transitional, Savings and Application Provisions
Regulation 36
This regulation sets out the definitions that are necessary for Part 2.
Regulation 37
This regulation specifies when proposed new subregulation 30(2C) applies to certificates of approval.
Regulation 38
This regulation provides for the continued operation of a document issued by the Authority as a maintenance authority, a welding authority, an aircraft maintenance engineer examiner authority, a non-destructive testing authority or an aircraft weight control authority if it was in force immediately before the commencement of the amending regulations.
Regulation 39
This regulation provides for the continued operation of:
• a direction under subregulation 34(1) of the previous regulations;
• an approval under subregulation 34(2) of the previous regulations;
• a certification of the completion of maintenance made before the commencement in accordance with a system of certification instituted under regulation 34 of the previous regulations; and
• a certification of the completion of maintenance made before the commencement in a manner acceptable to the Authority for the purposes of subregulation 41(3) of the previous regulations.
Regulation 40
This regulation provides for the continued operation of an existing airworthiness directive that was issued in the form of a Civil Aviation Order in Part 105, 106 or 107 of the Civil Aviation Orders.
Regulation 41
This regulation provides for the continued operation of a direction made by the Authority under subregulation 38(1) of the previous regulations.
Regulation 42
This regulation provides for the continued operation of an approval of an approved system of maintenance for an aircraft which was given under regulation 38(3) of the previous regulations and which was in force immediately before the commencement.
Regulation 43
This regulation provides that an approval given for the installation or use of an aircraft component or aircraft material under subregulation 39(5) or 39(6) of the previous regulations continues in force if the approval was in force immediately before the commencement of the ammended regulations.
Regulation 44
This regulation provides for the continued operation of an approval for the use of certain material in the servicing or operation of an aircraft that was given by the Authority under subregulation 40(1) of the previous regulations and which was in force immediately before the commencement. Also the regulation provides for a Civil Aviation Order made under subregulation 40(1) of the previous regulations and which was in force immediately before the commencement to have effect after the commencement as if it were an approval under paragraph 36A(1) of the amended regulations.
Regulation 45
This regulation provides that the new regulation 39 does not apply to a class A aircraft until the transitional period has ended if immediately before the commencement a certificate of airworthiness was in force in respect of the aircraft and there was no direction or approval in force in relation to the aircraft under subregulation 38(2) or (3) of the previous regulations.
Regulation 46
This regulation provides that the new regulation 41 does not apply to a class B aircraft until the transitional period has ended if a certificate of airworthiness was in force in respect of the aircraft and there was no direction or approval in force in relation to the aircraft under subregulation 38(2) or (3) of the previous regulations.
Regulation 47
This regulation provides for the application of new regulation 50C to records made before the commencement in relation to the maintenance of an aircraft.
Regulation 48
This regulation provides for the continuation of an instrument delegating powers or functions made by a person under or for the purposes of a provision specified in the Table that was in force immediately before the commencement of these regulations.