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maintenance release inspection of the aircraft begins.
(6) In this regulation maintenance release inspection means an
inspection carried out on an aircraft for the purpose of determining
whether a maintenance release for the aircraft should be issued.
(7) An offence against subregulation (4) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
48 Maintenance release to recommence to be in force
(1) Where a maintenance release in respect of an aircraft ceases to be in
force by virtue of an endorsement made under subregulation 47 (1),
the maintenance release shall again commence to be in force if:
(a) where the endorsement refers to a requirement or condition in
respect of the maintenance of the aircraft not having been
complied with—there is entered on the maintenance release or
other document on which the endorsement was made a
certification in accordance with regulation 42ZE or 42ZN, that
the maintenance to which the requirement or condition relates has
been completed;
116 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(b) where the endorsement refers to the aircraft having suffered
major damage or having developed a major defect—there is
entered on the maintenance release or other document on which
the endorsement was made a certification, in accordance with
regulation 42ZE or 42ZN, that the maintenance required to
remedy the damage or the defect, as the case may be, has been
completed;
(c) where the endorsement refers to the aircraft having had imposed
on it abnormal flight or ground loads—there is entered on the
maintenance release or other document on which the endorsement
was made a certification, in accordance with regulation 42ZE or
42ZN, that the maintenance required to be carried out to check
whether that imposition has caused any damage to the aircraft, and
to remedy any damage so caused, has been completed; or
(d) where the endorsement relates to the flight characteristics of the
aircraft or the operating characteristics of an aircraft component,
or system of aircraft components, installed in the aircraft—there
is entered on the maintenance release or other document on
which the endorsement was made a certification, in accordance
with regulation 42ZE or 42ZN, that the maintenance required to
correct the flight characteristics or operating characteristics, as
the case may be, has been completed.
(2) Where a maintenance release in respect of an aircraft ceases to be in
force by virtue of an endorsement made under regulation 47, the
maintenance release shall again commence to be in force if there is
entered on the maintenance release or other document on which the
endorsement was made a further endorsement signed by an authorised
person cancelling the first-mentioned endorsement.
(3) An authorised person must not make an endorsement under
subregulation (2) if there is a reason why the endorsement to be
cancelled should remain in force.
Penalty: 25 penalty units.
Civil Aviation Regulations 1988 117
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(4) A maintenance release that has ceased to be in force by virtue of an
endorsement made under regulation 47 shall not again commence to
be in force except by virtue of an endorsement made under this
regulation.
(5) This regulation does not have effect in relation to a maintenance
release issued in respect of an aircraft if:
(a) the period during which the maintenance release is expressed to
remain in force has expired; or
(b) a subsequent maintenance release has been issued in respect of
the aircraft by virtue of paragraph 43 (7) (a).
49 Permissible unserviceabilities to be endorsed on maintenance
releases
(1) This regulation applies to each of the following persons in relation to
an aircraft in respect of which a maintenance release is in force:
(a) the holder of the certificate of registration for the aircraft;
(b) the operator of the aircraft;
(c) a flight crew member of the aircraft;
(d) an authorised person engaged (whether as an employee or on his
or her own behalf) in the maintenance of the aircraft.
(2) If:
(a) an aircraft in respect of which a maintenance release is in force
has developed a defect, or has suffered damage, that is a
permissible unserviceability; and
(b) there is a likelihood that the aircraft will be flown before the
permissible unserviceability is rectified;
a person mentioned in subregulation (1), who becomes aware of the
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