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these Regulations has been certified, in accordance with
regulation 42ZE or 42ZN, to have been completed; or
(b) for a maintenance release for a flight under a permission to fly in
force under subregulation 317 (1)—the completion of any
maintenance required under a condition of the permit, or under a
direction in relation to the permit or permission, has been
certified under regulation 42ZE or 42ZN.
(8) For the purposes of paragraph (7) (a), the existence of an earlier
maintenance release issued by virtue of that paragraph in respect of an
aircraft may, in the absence of evidence to the contrary, be accepted by
an authorised person for the purposes of this regulation as proof that
all maintenance required under these Regulations to be carried out on
the aircraft before the date of issue of the earlier maintenance release
has been certified to have been completed as required by that
paragraph.
110 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(9) A maintenance release may bear an endorsement that the release is
issued subject to a condition set out in the endorsement, being a
condition imposed for the purpose of ensuring the safety of air
navigation.
(10) Where an aircraft has a permissible unserviceability, a maintenance
release issued in respect of the aircraft, or other document approved
for use as an alternative to the maintenance release for the purposes of
this subregulation, shall bear an endorsement:
(a) setting out each permissible unserviceability that exists with
respect to the aircraft;
(b) setting out such of the conditions (if any) with respect to the use
of an aircraft with those permissible unserviceabilities set out in
any direction given under regulation 37 in relation to those
permissible unserviceabilities as are not set out in any operations
manual issued with respect to the aircraft or in Part 20 of the
Civil Aviation Orders; and
(c) stating that the maintenance release is issued subject to those
conditions, whether set out in the maintenance release or the
other document or otherwise.
(11) A person shall not issue a maintenance release in contravention of this
regulation.
Penalty:
(a) for a contravention of subregulation (1)—25 penalty units; or
(b) for a contravention of subregulation (6)—25 penalty units; or
(c) for a contravention of subregulation (7)—50 penalty units; or
(d) for a contravention of subregulation(10)—10 penalty units.
(11A) A person must not contravene:
(a) a direction; or
(b) the condition specified in subregulation (3); or
(c) a condition to which a maintenance release is subject.
Penalty:
(a) for a contravention of a direction under subregulation (2)—10
penalty units; or
(b) for a contravention of the condition specified in subregulation
(3)—10 penalty units; or
(c) for a contravention of a direction under subregulation (4) or (5)—
5 penalty units; or
(d) for a contravention of a condition under subregulation (9)—50
penalty units.
(12) Subregulation (11) does not apply in relation to a person by reason
only that he or she has issued a maintenance release in contravention
of a direction given under this regulation unless the direction has been
served on the person.
Civil Aviation Regulations 1988 111
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(13) A person shall not sign a maintenance release to be issued by virtue of
paragraph (7) (a) in respect of an aircraft if:
(a) the person considers that:
(i) the aircraft is in a damaged condition or is defective;
(ii) the damage is major damage or the defect is a major defect,
as the case may be; and
(iii) the damage or defect is not a permissible unserviceability;
(b) the person considers that maintenance carried out on the aircraft
may have adversely affected, to such an extent as to affect the
safety of the aircraft, the flight characteristics of the aircraft or the
operating characteristics of any aircraft component, or of any
system of aircraft components, installed in the aircraft;
(c) the person is aware that certain maintenance that has been carried
out on the aircraft has not been certified, in accordance with
regulation 42ZE or 42ZN, to have been completed; or
(d) the person is aware that:
(i) information entered on the maintenance release is incorrect;
or
(ii) the maintenance release does not contain all information
that it is required by or under these Regulations to contain.
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