Document ID: chunk:federal_register_of_legislation:F2024C00887:reg:49
Version: federal_register_of_legislation:F2024C00887
Segment Type: reg
Provision Reference: reg 49
Character Range: 140435–142250

49  Permissible unserviceabilities to be endorsed on maintenance releases
 (1) This regulation applies to each of the following persons in relation to an aircraft in respect of which a maintenance release is in force:
 (a) the holder of the certificate of registration for the aircraft;
 (b) the operator of the aircraft;
 (c) a flight crew member of the aircraft;
 (d) a person who is permitted by regulation 42ZC or 42ZD to carry out maintenance on the aircraft.
 (2) If:
 (a) an aircraft in respect of which a maintenance release is in force has developed a defect that is a permissible unserviceability; and
 (b) there is a likelihood that the aircraft will be flown before the permissible unserviceability is rectified;
a person mentioned in subregulation (1), who becomes aware of the defect, must endorse the maintenance release, or other document approved for use as an alternative to the maintenance release for the purposes of this regulation, in the manner set out in subregulation (3).
Penalty: 25 penalty units.
 (3) For subregulation (2), the maintenance release or other document must be signed by the person mentioned in subregulation (1), and must:
 (a) set out each permissible unserviceability that exists with respect to the aircraft; and
 (b) set out the conditions (if any) with respect to the use of the aircraft with those permissible unserviceabilities set out in any direction given under regulation 37, or approval under regulation 21.007 of CASR, in relation to those permissible unserviceabilities as are not set out in any operations manual issued with respect to the aircraft or in Part 20 of the Civil Aviation Orders; and
 (c) state that the maintenance release has effect subject to those conditions, whether set out in the maintenance release or the other document or otherwise.