Regulation
(EU) 2021/1963
(a) Any aircraft defect that hazards seriously
the flight safety shall be rectified before further flight.
(b) Only the certifying staff referred to in
point M.A.801(b)(1) or in Subpart F
of this Annex or in Annex II (Part-145) or in Annex Vd (Part-CAO), or the person authorised in accordance with point M.A.801(c)
of this Annex can decide, using maintenance data referred to in point M.A.401 of
this Annex, whether an aircraft defect hazards seriously the flight safety and
therefore decide when and which rectification action shall be taken before
further flight and which defect rectification can be deferred. However, this
does not apply when the MEL is used by the pilot or by the certifying staff.
(c) Any aircraft defect that would not hazard
seriously the flight safety shall be rectified as soon as practicable, after
the date the aircraft defect was first identified and within any limits
specified in the maintenance data or the MEL.
(d) Any defect not rectified before flight
shall be recorded in the aircraft continuing airworthiness record system
referred to in point M.A.305 or, if applicable in the aircraft technical
log system referred to in point M.A.306.
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