ML.A.403 Aircraft defects

(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;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.