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(3) A certification of the completion of maintenance made before the
commencement in accordance with a system of certification instituted under regulation
34 of the previous regulations has effect after the commencement as if it were a
certification in accordance with regulation 42ZE of the amended regulations.
(4) A certification of the completion of maintenance made before the
commencement in a manner acceptable to the Authority for the purposes of
subregulation 41 (3) of the previous regulations has effect after the commencement as if
it were a certification in accordance with regulation 42ZN of the amended regulations.
Airworthiness directives
40. An airworthiness directive that was issued in the form of a Civil Aviation
Order in Part 105, 106 or 107 of the Civil Aviation Orders and that was in force, or
purported to be in force, immediately before the commencement is to be taken to be
valid for all purposes and has effect after the commencement as if it were an
airworthiness directive under subregulation 37A of the amended regulations.
Directions relating to maintenance
41. A direction under subregulation 38 (1) of the previous regulations that was
in force immediately before the commencement has effect after the commencement as if
it were a direction under subregulation 38 (1) of the amended regulations.
Approved systems of maintenance
42. An approval under subregulation 38 (3) of the previous regulations that
was in force immediately before the commencement has effect after the commencement
as if it were an approval under subregulation 42N (2) of the amended regulations.
Maintenance of Australian aircraft in Australian territory
43. (1) An approval for the installation or use of an aircraft component or
aircraft material given under subregulation 39 (5) or 39 (6) of the previous regulations
that was in force immediately before the commencement has effect after the
commencement as if it were an exemption from, or a variation of, the requirements of
regulation 42W or 42X of the amended regulations that was granted under regulation
42ZS of the amended regulations.
(2) An approval of a document for the purposes of subparagraph
39 (5) (a) (iii), paragraph 39 (5) (b) or paragraph 39 (6) (c) of the previous regulations
that was in force immediately before the commencement is to be taken to satisfy the
requirements of:
(a) if the document was approved in relation to an aircraft component—
subregulation 42W (5) of the amended regulations; and
(b) if the document was approved in relation to an aircraft material—42X (2)
of the amended regulations.
Use of aircraft material in the servicing and operation of Australian aircraft
44. (1) An approval under subregulation 40 (1) of the previous regulations that
was in force immediately before the commencement has effect after the commencement as
if it were an approval under paragraph 36A (2) (b) of the amended regulations.
Notes — 6 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(2) A Civil Aviation Order mentioned in subregulation 40 (1) of the previous
regulations that was in force immediately before the commencement has effect after the
commencement as if it were a direction under paragraph 36A (1) of the amended
regulations.
Application of new regulation 39 (Maintenance required by approved system of
maintenance)
45. If, immediately before the commencement:
(a) a certificate of airworthiness was in force for a class A aircraft; and
(b) there was no direction or approval in force for the aircraft under
subregulation 38 (2) or (3) of the previous regulations;
regulation 39 of the amended regulations does not apply to the aircraft until the
transitional period has ended.
Application of new regulation 41 (Maintenance schedule and maintenance
instructions)
46. If, immediately before the commencement:
(a) a certificate of airworthiness was in force for a class B aircraft; and
(b) there was no direction or approval in force for the aircraft under
subregulation 38 (2) or (3) of the previous regulations;
regulation 41 of the amended regulations does not apply to the aircraft until the
transitional period has ended.
Application of new regulation 50C (Directions relating to aircraft maintenance
records) to records made before the commencement
47. If:
(a) a person holds a record made before the commencement for the
maintenance of an aircraft; and
(b) the record was made to comply with a direction under regulation 54 of the
previous regulations; and
(c) a direction under regulation 50C of the amended regulations requires the
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