Federal Register of Legislation - Australian Government

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CASA EX55/21 Exemptions as made
This instrument exempts specified people from some obligations relating to the management of aircraft defects, where the rectification period for the defect mentioned in the minimum equipment list for the aircraft has expired.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 26 May 2021
Tabling HistoryDate
Tabled HR27-May-2021
Tabled Senate15-Jun-2021
Date of repeal 02 Dec 2021
Repealed by Self Repealing

Instrument number CASA EX55/21

I, RICHARD MARK STOCKER, Acting Branch Manager, Airworthiness and Engineering, National Operations & Standards Division, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.

[Signed R. Stocker]

Richard Stocker
Acting Branch Manager, Airworthiness and Engineering
National Operations & Standards Division

25 May 2021

CASA EX55/21 — Operation of Aircraft with Defect Beyond Designated Rectification Interval Exemption 2021

1          Name

                 This instrument is CASA EX55/21 — Operation of Aircraft with Defect Beyond Designated Rectification Interval Exemption 2021.

2          Duration

                 This instrument:

(a)   commences on 1 June 2021; and

(b)   is repealed at the earlier of the following:

             (i)  immediately after the commencement of the Civil Aviation Safety Amendment (Part 91) Regulations 2018;

            (ii)  the end of 31 May 2024.

3          Definitions

Note   In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations, including: minimum equipment list, registered operator; for an aircraft, the person responsible for continuing airworthiness and, for a defect in an aircraft, qualified individual.

                 In this instrument:

affected aircraft means an aircraft that:

(a)   is an aircraft to which Part 42 of CASR applies; and

(b)   has an MEL that permits operation of the aircraft for a flight with a defect before the expiration of a designated rectification interval; and

(c)   has an affected defect.

affected defect, for an aircraft, means a defect:

(a)   which is included in the MEL for the aircraft; and

(b)   for which the designated rectification interval has expired.

designated rectification interval, for a defect in an aircraft, means the period within which the MEL permits the operation of the aircraft for a flight with the defect.

extended rectification interval, for a defect listed in an MEL that has a designated rectification interval, means a period that:

(a)   is equal to the designated rectification interval; and

(b)   commences immediately after the expiration of the designated rectification interval.

MEL, for an aircraft, means the minimum equipment list for the aircraft, as existing from time to time.

4          Exemption — registered operator

        (1)     The registered operator of an affected aircraft is exempt from compliance with subregulation 42.030 (1) of CASR to the extent that the subregulation requires compliance with paragraphs 42.030 (2) (a) and (e) of CASR in relation to an affected defect.

     (2)     The exemption is subject to the condition that the registered operator of the affected aircraft must ensure that:

(a)   the aircraft is only operated with the affected defect if:

             (i)  operation of the aircraft beyond the designated rectification interval for the defect is permitted by the approval of a permissible unserviceability under subregulation 37 (1) of CAR; and

            (ii)  the aircraft is used in accordance with all conditions set out in any direction made under subregulation 37 (2) of CAR relating to the affected defect; and

(b)   the approval of the permissible unserviceability mentioned in subparagraph (2) (a) (i) has been given by an officer of CASA if:

             (i)  the defect is listed in the MEL as having a designated rectification interval of “Category A” or “Category D”; or

            (ii)  the extended rectification interval for the defect has expired.

5          Exemption — person responsible for continuing airworthiness

        (1)     The person responsible for continuing airworthiness of an affected aircraft is exempt from compliance with subregulation 42.110 (1) of CASR to the extent that the subregulation requires compliance with regulation 42.115 of CASR in relation to an affected defect.

        (2)     The exemption is subject to the condition that the person must ensure that operation of the affected aircraft beyond the designated rectification interval for the defect is permitted by an approval of a permissible unserviceability under subregulation 37 (1) of CAR.

6          Exemption — qualified individual

        (1)     A qualified individual for an affected defect in an aircraft is exempt from compliance with regulation 42.360 of CASR in relation to the affected defect.

        (2)     The exemption is subject to the condition that the qualified individual must be satisfied, before deferring rectification of the affected defect, that operation of the affected aircraft beyond the designated rectification interval for the defect is permitted by the approval of a permissible unserviceability under subregulation 37 (1) of CAR.