CASA EX03/23 — Authorised Maintenance at Unapproved Locations (Part 145 Organisations) Exemption 2023 (Cth)
Instrument number CASA EX03/23
I, PHILIPPA JILLIAN SPENCE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.
[Signed P. Spence]
Pip Spence
Director of Aviation Safety
3 April 2023
CASA EX03/23 — Authorised Maintenance at Unapproved Locations (Part 145 Organisations) Exemption 2023
1 Name
This instrument is CASA EX03/23 — Authorised Maintenance at Unapproved Locations (Part 145 Organisations) Exemption 2023.
2 Duration
This instrument:
(a) commences on the day after it is registered; and
(b) is repealed at the end of 28 February 2026.
3 Definitions
Note In this instrument, certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: Part 145 organisation.
In this instrument:
AMO means a Part 145 organisation.
AMO aircraft, in relation to an AMO, means an aircraft for which the AMO provides maintenance services under its exposition.
authorised maintenance, in relation to an AMO and location, means maintenance services provided by the AMO in relation to an AMO aircraft:
(a) that consist of the following:
(i) line maintenance for the AMO;
Note In Part 3 of the CASR Dictionary, line maintenance, for an AMO, means maintenance on an aircraft that CASA has approved in the organisation’s exposition as being line maintenance for the organisation.
(ii) if the AMO holds a category B rating — on-wing maintenance on an installed engine as may be required in connection with the line maintenance;
(iii) if the AMO holds a category C rating — on-wing maintenance on an installed aeronautical product as may be required in connection with the line maintenance; and
(b) that are conducted at the location on a temporary basis.
Part 145 MOS means the Part 145 Manual of Standards.
unapproved location, in relation to an AMO, means alocation that is capable of supporting line maintenance, but not specified as such in the AMO’s exposition as required by subparagraph 145.A.70(a)10 of the Part 145 MOS.
4 Exemption — authorised maintenance at unapproved location
(1) An AMO is exempt from compliancewith:
(a) subparagraphs 145.045(a)(iv) and (v), and paragraph 145.045(b) of CASR; and
(b) paragraphs 145.070(1)(d) and (e) of CASR;
(when taken together with section 145.A.75 and Appendix I of the Part 145 MOS) to the extent that the AMO may carry out authorised maintenance on an AMO aircraft at an unapproved location.
Note An AMO may already, under the privileges in paragraph 145.A.75(b) of the Part 145 MOS, provide maintenance services for an aircraft or aeronautical product at an unapproved location if the aircraft is unserviceable or if the maintenance is unscheduled line maintenance, subject to the AMO’s approval and exposition.
(2) The AMO must ensure compliance with the conditions of exemption in section 6.
5 Exemptions — significant change
(1) An AMO is exempt from compliancewithsubregulations145.050(1),(2)and (3) of CASR (when taken together with paragraph (b) of the definition of significant change in subregulation 145.010(2) of CASR) to the extent that the AMO may carry out authorised maintenance on an AMO aircraft at an unapproved location without first having applied, or received CASA’s approval, for the significant change in relation to the location.
(2) An AMO is exempt from compliancewithsubregulations145.050(1),(2)and (3) of CASR (when taken together with paragraph (b) of the definition of significant change in subregulation 145.010(2) of CASR) to the extent that the AMO may carry out maintenance described in paragraph 145.A.75(b) of the Part 145 MOS on an AMO aircraft at an unapproved location without first having applied, or received CASA’s approval, for the significant change in relation to the location.
6 Conditions
The following conditions apply in relation to the maintenance mentioned in subsection 4(1):
(a) the maintenance must be of a kind authorised by the AMO’s exposition as appropriate to be performed at an unapproved location of that kind;
(b) the AMO’s exposition must include detailed procedures for:
(i) carrying out maintenance of that kind at an unapproved location of that kind; and
(ii) record keeping for maintenance of that kind; and
(iii) selecting suitable locations for carrying out maintenance of that kind;
Note The inclusion in an AMO’s exposition of the procedures required under paragraph (b) constitutes a change to procedures mentioned in paragraph (f) of the definition of significant change in subregulation 145.010(2) of CASR and accordingly, subject to section 7, requires CASA’s approval under regulation 145.050.
(c) the maintenance must be performed in accordance with the AMO’s quality and safety management systems and the procedures and other conditions applying to the maintenance under the AMO’s exposition;
(d) records of the maintenance carried out must be kept in accordance with the record keeping procedures in the AMO’s exposition for maintenance of that kind;
(e) information must be provided to CASA, on request, relating to:
(i) any unapproved location at which the maintenance is carried out; and
(ii) any maintenance carried out at the unapproved location.
7 Transitional provision — currently authorised AMOs
If, immediately before the commencement of this instrument, an AMO is authorised, by an exemption instrument granted by CASA to the AMO, to carry out maintenance that falls within the definition of authorised maintenance in section 3 on an aircraft at an unapproved location, the AMO is taken to have been approved by CASA under regulation 145.050 of CASR for the procedures mentioned in paragraph 6(b) in relation to the maintenance.
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