Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:15:p145
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 15 (pt 145/182)
Character Range: 517507–520386

Australian aircraft, or a Part 103 aircraft, that is covered by an airworthiness directive (other than an aircraft to which subregulation (4) applies), or that is fitted with an aeronautical product covered by an airworthiness directive (other than an aircraft to which subregulation (5) applies):
 (a) in breach of any requirement of the airworthiness directive that affects the operating limitations of the aircraft; or
 (b) while any other requirement of the airworthiness directive has not been complied with.
Penalty: 50 penalty units.
 (2) The registered operator of an Australian aircraft that is covered by an airworthiness directive (other than an aircraft to which subregulation (4) applies), or that is fitted with an aeronautical product covered by an airworthiness directive (other than an aircraft to which subregulation (5) applies), must not permit a person to operate the aircraft:
 (a) in breach of any requirement of the airworthiness directive that affects the operating limitations of the aircraft; or
 (b) while any other requirement of the airworthiness directive has not been complied with.
Penalty: 50 penalty units.
 (3) An offence against subregulation (1) is an offence of strict liability.
 (4) This subregulation applies to an aircraft covered by an airworthiness directive if:
 (a) the airworthiness directive does not contain a statement to the effect that a special flight permit must not be issued for an aircraft covered by the airworthiness directive; and
 (b) the aircraft is authorised to operate under a special flight permit that is in force.
 (5) This subregulation applies to an aircraft that is fitted with an aeronautical product covered by an airworthiness directive if:
 (a) the airworthiness directive does not contain a statement to the effect that a special flight permit must not be issued for an aircraft fitted with an aeronautical product covered by the airworthiness directive; and
 (b) the aircraft is authorised to operate under a special flight permit that is in force.

39.004  Approvals and exclusions in relation to airworthiness directives
 (1) A person may, in writing, ask CASA for:
 (a) an approval of a means of compliance other than that set out in an airworthiness directive; or
 (b) an exclusion from an airworthiness directive.

Particular aircraft or aeronautical products
 (2) For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative or on a written request by a person:
 (a) approve, for a particular aircraft or aeronautical product, a means of compliance with an airworthiness directive other than that set out in the airworthiness directive; or
 (b) exclude a particular aircraft or aeronautical product from the operation of an airworthiness directive.

Kind of aircraft or aeronautical products
 (3) For paragraph 98(5A)(b) of the Act, CASA may, in writing, on its own initiative