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change has been made; and
(ii) if the direction was for a change to correct a specified
deficiency in the system—the deficiency would be
corrected by the change; and
(iii) that the system, as proposed to be amended, would:
(A) include the matters set out in regulation 42L; and
(B) adequately provide for the continued airworthiness of
the aircraft;
CASA must approve the change;
(b) if CASA is not satisfied as mentioned in paragraph (a), CASA
may:
(i) modify the change so that CASA is so satisfied and
approve the modified change; or
(ii) refuse to approve the change.
(3) In deciding whether a system of maintenance as proposed to be
changed would adequately provide for the continued airworthiness of
an aircraft, CASA or the authorised person must have regard to:
(a) if the system of maintenance relates to a class A aircraft—the
manufacturer’s maintenance schedule and any inspection
programs or documents issued by the manufacturer; and
(b) if the system of maintenance relates to a class B aircraft—the
manufacturer’s maintenance schedule and the CASA
maintenance schedule.
(4) CASA or the authorised person must, in writing, notify the holder of
the certificate of registration for the aircraft concerned of CASA’s, or
the authorised person’s, decision in relation to the change submitted.
Replacement Page Amdt No. 8
December 2004
86 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(5) If CASA or the authorised person decides:
(a) not to approve the change; or
(b) to modify the change;
CASA or the authorised person must include in the notice required by
subregulation (4) a statement of the reasons for that decision.
42S When approval of a change is effective
If CASA or an authorised person approves a change to an approved
system of maintenance, the approval has effect from when notice of
the approval is given to the holder of the certificate of registration for
the aircraft concerned.
42T All changes must be approved
A purported change to an approved system of maintenance has no
effect unless it has been approved under regulation 42R and that
approval is in force.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 87
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
Division 4 How Maintenance is to be Carried Out
42U Modifications and repairs: approved designs
(1) A person may modify or repair an Australian aircraft only if:
(a) the design of the modification or repair:
(i) has been approved under regulation 35; or
(ii) has been specified by CASA in, or by means of, an
airworthiness directive or a direction under regulation 44; or
(iii) is specified in the aircraft’s approved maintenance data;
and
(b) the modification or repair is in accordance with that design.
Penalty: 50 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
42V Maintenance: approved maintenance data
(1) A person carrying out maintenance on an Australian aircraft must
ensure that the maintenance is carried out in accordance with the
applicable provisions of the aircraft’s approved maintenance data.
Penalty: 50 penalty units.
[Note Regulation 2A sets out what is approved maintenance data for an aircraft.]
(2) Subregulation (1) has effect subject to the requirements of Division 5
(“Who may carry out maintenance”).
(3) An offence against subregulation (1) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
42W Installation and use of aircraft components in maintenance—
Australian aircraft in Australian territory
(1) This regulation sets out requirements to be complied with in relation
to the installation and use of aircraft components in carrying out
maintenance on an Australian aircraft in Australian territory.
(2) Subject to subregulation (3), a person may replace an aircraft
component in the aircraft with another aircraft component only if:
(a) the replacement component is serviceable; and
(b) the replacement component:
(i) is identical with the replaced component; or
(ii) has been approved under regulation 36 as a replacement for
the replaced component; or
(iii) is approved for use as a replacement for the replaced
component:
(A) by the manufacturer of the aircraft or the replaced
component; or
Replacement Page Amdt No. 8
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