Document ID: chunk:federal_register_of_legislation:F2024C01027:reg:4:p7
Version: federal_register_of_legislation:F2024C01027
Segment Type: reg
Provision Reference: reg 4 (pt 7/105)
Character Range: 658008–660851

for the aircraft;
 (ii) the minimum equipment list for the aircraft;
 (iii) the configuration deviation list for the aircraft;
 (iv) an airworthiness directive; or
 (c) the defect is approved as a permissible unserviceability under regulation 21.007; or
 (d) the defect is in an item of operational or emergency equipment that:
 (i) is fitted to the aircraft; and
 (ii) is not required by the certification basis for the aircraft; and
 (iii) is not required by or under these Regulations for the operation of the aircraft for a flight.
 (4) An offence against subregulation (2) is an offence of strict liability.

42.365  How rectification of defect is deferred
  To defer the rectification of a defect in an aircraft under regulation 42.360, the qualified individual must:
 (a) make a record that complies with regulation 42.370; and
 (b) sign the record; and
 (c) record, in that record:
 (i) his or her aircraft engineer licence number or certification authorisation number; and
 (ii) the date of the deferral.

42.370  Record for deferral of rectification of defect
 (1) A record of the deferral of the rectification of a defect must be made in:
 (a) the flight technical log for the aircraft, if:
 (i) the defect affects the operation of the aircraft; or
 (ii) the deferral was permitted by subparagraph 42.360(3)(b)(ii) or (iii); or
 (b) the continuing airworthiness records system for the aircraft, in any other case.
 (2) The record must contain:
 (a) a description of the defect; and
 (b) a statement of the reasons for the qualified individual's decision to defer the rectification of the defect; and
 (c) any limitations or conditions mentioned in a document mentioned in paragraph 42.360(3)(b) in relation to the deferral of the rectification of the defect and the operation of the aircraft.
 (3) A qualified individual commits an offence if:
 (a) he or she makes a record of the deferral of the rectification of a defect; and
 (b) the record does not comply with this regulation.
Penalty: 50 penalty units.
 (4) An offence against subregulation (3) is an offence of strict liability.

Subdivision 42.D.6.2—Reporting defects

42.375  Major defect reporting—independent maintainer carrying out maintenance on aircraft
  If:
 (a) an independent maintainer is carrying out maintenance on an aircraft, or is supervising the carrying out of maintenance on an aircraft by another individual; and
 (b) the independent maintainer becomes aware of a major defect in the aircraft;
the independent maintainer must report the defect to the person responsible for continuing airworthiness for the aircraft.
Penalty: 50 penalty units.
Note 1: See also regulations 42.110, 42.115 and 42.270 for other requirements relating to defects.
Note 2: See regulation 42.390 for the requirements for making a report.
Note 3: A person mentioned in item 1 of