Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p166
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 166/182)
Character Range: 577548–580393

air transport AOC, and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
Note 3: Under subregulation 42.040(3), a contract between the registered operator of a large aircraft that is not authorised to operate under an AOC and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
Note 4: Under regulation 42.045, a contract between the registered operator of a small aircraft that is not authorised to operate under an AOC may provide that the organisation is to ensure that 1 or more of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
 (2) If subregulation (1) does not apply, the person responsible for continuing airworthiness for an aircraft is the registered operator of the aircraft.

Division 42.C.2—Continuing airworthiness management tasks

42.110  Complying with regulations in this Division
 (1) The person responsible for continuing airworthiness for an aircraft must comply with each of regulations 42.115 to 42.165 in relation to the aircraft.
Penalty: 50 penalty units.
 (2) An offence against subregulation (1) in relation to any of regulations 42.120 to 42.165 is an offence of strict liability.

42.115  Rectification of defect to aircraft before flight—all aircraft
 (1) If:
 (a) the person responsible for continuing airworthiness for an aircraft becomes aware that there is a defect in the aircraft; and
 (b) operation of the aircraft for a flight with the defect is not permitted by:
 (i) the minimum equipment list for the aircraft; or
 (ii) the configuration deviation list for the aircraft; or
 (iii) a special flight permit for the flight; and
 (c) rectification of the defect is not deferred in accordance with Subdivision 42.D.6.1;
the person must ensure that the defect is rectified before the aircraft is next operated for flight.
 (2) This regulation does not apply in relation to a defect in an item of operational or emergency equipment that:
 (a) is fitted to the aircraft; and
 (b) is not required by the certification basis for the aircraft; and
 (c) is not required by or under these Regulations for operation of the aircraft for the flight.
Note 1: For paragraph (c), see Part 90 and the Part 90 Manual of Standards, regulation 207 of CAR and Civil Aviation Order 20.4, Civil Aviation Order 20.11 and Civil Aviation Order 20.18.
Note 2: See also Division 42.D.6 for other requirements relating to defects.
Note 3: Under regulation 42.110, failure to comply with this regulation is an offence.

42.120  Compliance with airworthiness directives—all aircraft
  If: