Regulation
(EU) 2019/1383
(a) Any aircraft defect that seriously
endangers the flight safety shall be rectified before further flight.
(b) The following persons may decide that a
defect does not seriously endanger flight safety, and may defer it
accordingly:
(1) the pilot in respect of defects affecting
non-required aircraft equipment;
(2) the pilot, when using the minimum
equipment list, in respect of defects affecting required aircraft equipment —
otherwise, these defects may only be deferred by authorised certifying staff;
(3) the pilot in respect of defects other than
those referred to in points (b)(1) and (b)(2) if all the following conditions
are met:
(i) the aircraft is operated under Annex VII to Regulation(EU) No 965/2012
(Part-NCO) or, in the case of balloons or sailplanes, not operated under
Subpart-ADD of Annex II (Part-BOP) to Regulation (EU) 2018/395 or not following Subpart DEC
of Annex II (Part-SAO) to Regulation (EU) 2018/1976;
(ii) the pilot defers the defect with the
agreement of the aircraft owner or, if applicable, of the contracted CAMO or
CAO;
(4) the appropriately qualified certifying
staff in respect of other defects than those referred to in points (b)(1) and
(b)(2), where the conditions referred to in point 3(i) and (ii) are not met.
(c) Any aircraft defect that does not
seriously hazard flight safety shall be rectified as soon as practicable from
the date on which the defect was first identified and within the limits
specified in the maintenance data.
(d) Any defect not rectified before flight
shall be recorded in the aircraft continuing airworthiness record system
referred to in point ML.A.305 and a record shall be available to
the pilot.
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