Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p5
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 5/105)
Character Range: 652488–655562

employee of that organisation authorised to perform maintenance certification:
 (i) for the maintenance; or
 (ii) for similar maintenance carried out on another aircraft that has an aircraft control system of similar technology and construction; and
 (c) if the maintenance is not carried out by a Part 145 organisation—is 1 of the following:
 (i) a licensed aircraft maintenance engineer whose aircraft engineer licence permits the individual to perform maintenance certification for the maintenance, or for similar maintenance carried out on another aircraft that has an aircraft control system of similar technology and construction;
 (ii) a pilot licence holder who is authorised under Part 61 to fly the aircraft.

42.340  Requirement for verification and record for critical control system maintenance

Offence—approved maintenance organisation
 (1) If an individual carries out critical control system maintenance on an aircraft on behalf of an approved maintenance organisation, the organisation must ensure that an independent individual has:
 (a) verified the matters mentioned in subregulation 42.345(1); and
 (b) made a record, in writing, in accordance with regulation 42.345;
before the organisation issues a certificate of release to service for the aircraft in relation to the maintenance.
Penalty: 50 penalty units.

Offence—independent maintainer
 (2) If an independent maintainer carries out critical control system maintenance on an aircraft, or supervises the carrying out of critical control system maintenance on an aircraft by another individual, the independent maintainer must ensure that an independent individual has:
 (a) verified the matters mentioned in subregulation 42.345(1); and
 (b) made a record, in writing, in accordance with regulation 42.345;
before the independent maintainer issues a certificate of release to service for the aircraft in relation to the maintenance.
Penalty: 50 penalty units.
Note: A person mentioned in item 1 of table 42.300 is the only independent maintainer who is permitted to supervise the carrying out of maintenance by another individual—see subregulation 42.300(2).
 (3) An offence against subregulation (1) or (2) is an offence of strict liability.

42.345  Verification and record for critical control system maintenance
 (1) An independent individual may record the information mentioned in subregulation (3) in the continuing airworthiness records system for an aircraft in relation to critical control system maintenance carried out on the aircraft only if he or she has verified that:
 (a) the part of the aircraft control system on which the maintenance was carried out is assembled and configured in accordance with the maintenance data for the maintenance; and
 (b) the aircraft control system is functioning correctly.
 (2) An independent individual commits an offence if:
 (a) he or she records the information mentioned in subregulation (3) in the continuing airworthiness records system for an aircraft in relation to critical control system maintenance carried out on the aircraft; and
 (b)