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(iii) has already reported under the accident reporting
provisions of the Air Navigation Act 1920; and
(b) failures, malfunctions, or defects in aircraft, aircraft engines,
propellers, or other parts or articles:
(i) manufactured by a foreign manufacturer under a type
certificate of the kind mentioned in regulation 21.025 or
21.027 or issued under regulation 21.029, or a letter of
ATSO design approval under regulation 21.617; or
(ii) imported into Australian territory under regulation 21.500,
21.500A, 21.502 or 21.502A.
(6) For subregulations (1) and (2), a report must:
(a) be given to CASA, in writing, within 3 working days after the
person required to make the report becomes aware, or could
reasonably be expected to have become aware, that the failure,
malfunction, or defect required to be reported has occurred; and
(b) include as much of the following information as is available and
applicable:
(i) the aircraft’s serial number;
(ii) the aircraft’s registration mark;
(iii) when the failure, malfunction, or defect is associated with an
article approved under an ATSO authorisation — the article
serial number and model designation, as appropriate;
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 21 — 11
(iv) when the failure, malfunction, or defect is associated with
an aircraft engine or propeller — the aircraft engine or
propeller serial number, as appropriate;
(v) identification of the product model;
(vi) identification of the part, component, or system involved
(including the part number);
(vii) the nature of the failure, malfunction, or defect.
(7) Whenever the investigation of an accident or service difficulty report
shows that an article manufactured under an ATSO authorisation is
unsafe because of a manufacturing or design defect, the manufacturer
must, upon request of CASA, investigate the defect and report to
CASA the results of its investigation and any action taken or
proposed by the manufacturer to correct that defect.
Penalty: 25 penalty units.
(8) If action is required to correct the defect in an article manufactured
under an ATSO, the manufacturer must submit to CASA the data
necessary for the issue of an appropriate airworthiness directive.
Penalty: 10 penalty units.
(9) An offence against subregulation (7) or (8) is an offence of strict
liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(10) It is a defence to a prosecution under subregulation (1) if the failure,
malfunction or defect is of a kind to which subregulation (5) applies.
Note A defendent bears an evidential burden in relation to the matter mentioned in
subregulation (10) (see subsection 13.3 (3) of the Criminal Code).
Source FARs section 21.3 modified.
Civil Aviation Safety Regulations 1998 (CASR)
CASR – 1st Edition – January 2003 Office of Legal Counsel
Replacement Page Amdt No. 11 — December 2004 Civil Aviation Safety Authority
Part 21 — 12
21.005 Aeroplane or rotorcraft flight manual
(1) With each aeroplane or rotorcraft that was not type certificated with
an aeroplane or rotorcraft flight manual and that has had no flight
time prior to 1 March 1979, either the holder of a type certificate or a
supplemental type certificate, or the licensee of a type certificate,
must give the owner, when the owner takes delivery of the aeroplane
or rotorcraft from the holder or licensee, a current aeroplane or
rotorcraft flight manual that is approved under these regulations and
contains the information mentioned in subregulations (2) and (3).
Penalty: 10 penalty units.
(1A) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) The aeroplane or rotorcraft flight manual must contain the operating
limitations and information required to be furnished in an aeroplane
or rotorcraft flight manual or in manual material, markings, and
placards, by the applicable regulations under which the aeroplane or
rotorcraft was type certificated.
(3) The maximum ambient atmospheric temperature for which engine
cooling was demonstrated must be stated in the performance
information section of the flight manual, if the applicable regulations
under which the aircraft was type certificated do not require ambient
temperature on engine cooling operating limitations in the flight
manual.
Source FARs section 21.5 modified.
　
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