Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1) (Cth)
Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 328
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.
Dated 8 December 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure and Transport
Contents
1Name of Regulations 2
2Commencement 2
3Amendment of Civil Aviation Safety Regulations 1998 2
4Amendment of Civil Aviation Regulations 1988 2
Schedule 1Amendments of Civil Aviation Safety Regulations 1998 3
Schedule 2Amendments of Civil Aviation Regulations 1988 commencing on 27 June 2011 281
Schedule 3Amendments of Civil Aviation Regulations 1988 commencing on 27 June 2013 296
-
Name of Regulations
These Regulations are the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1).
-
Commencement
These Regulations commence as follows:
(a)on 27 June 2011 — regulations 1 to 4 and Schedules 1 and 2;
(b)on 27 June 2013 — Schedule 3.
-
Amendment of Civil Aviation Safety Regulations 1998
Schedule 1 amends the Civil Aviation Safety Regulations 1998.
-
Amendment of Civil Aviation Regulations 1988
Schedules 2 and 3 amend the Civil Aviation Regulations 1988.
Schedule 1 Amendments of Civil Aviation Safety Regulations 1998
(regulation 3)
[1] Table 13.375, item 4
substitute
4 an aircraft engineer licence Authorisation to perform maintenance certification and issue certificate of release to service 4A an authority mentioned in regulation 33B or 33C of CAR Maintenance authority
[2] Subregulations 21.024 (2) and 21.026 (2)
omit
pilot-owner,
insert
pilot-owner of the aircraft,
[3] Paragraphs 21.031 (1) (e) and (2) (e)
omit
an appropriately rated and trained pilot-owner
insert
the pilot-owner of the aircraft
[4] Regulation 21.163
substitute
21.163 Privileges for holders of production certificates — conduct of training in particular maintenance
Primary category aircraft
(1)Subregulation (2) applies to:
(a)a person who:
(i)holds a production certificate for a primary category aircraft of a particular type and model; and
(ii)is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184 (1); and
(b)a person who:
(i)holds a production certificate for a normal, utility or acrobatic category aircraft of a particular type and model; and
(ii)is entitled to a special certificate of airworthiness for the aircraft in the primary category under subregulation 21.184 (3).
(2)Subject to subregulation (5), the person may:
(a)conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.024 (2); and
(b)if the person successfully completes the training — issue a certificate of competency for that type and model of aircraft to the person.
Intermediate category aircraft
(3)Subregulation (4) applies to a person who:
(a)holds a production certificate for an intermediate category aircraft of a particular type and model; and
(b)is entitled to a special certificate of airworthiness for the aircraft in the intermediate category under subregulation 21.184A (1).
(4)Subject to subregulation (5), a person who is eligible may:
(a)conduct training for a person in the performance of a special inspection and preventive maintenance program included as part of the aircraft’s type design under subregulation 21.026 (2); and
(b)if the person successfully completes the training — issue a certificate of competency for that type and model of aircraft to the person.
Training to be given by licensed aircraft maintenance engineer
(5)For subregulations (2) and (4), the training must be given by a licensed aircraft maintenance engineer:
(a)who holds a category B1 licence, within the meaning given by Part 3 of the Dictionary; and
(b)if the aircraft is of a type rated aircraft type, within the meaning given by Part 3 of the Dictionary — whose licence is endorsed with the rating for that aircraft type.
Source FARs section 21.163 modified.
[5] Paragraphs 21.181 (5) (a) and (6) (a)
substitute
(a)for an aircraft to which Part 42 applies — any maintenance carried out on the aircraft is not carried out in accordance with Part 42; or
(aa)for an aircraft to which Part 42 does not apply — any maintenance carried out on the aircraft is not carried out in accordance with Part 4A of CAR; or
[6] Paragraph 21.183 (4) (c)
substitute
(c)the aircraft meets the requirements mentioned in subregulation (4A); and
[7] After subregulation 21.183 (4)
insert
(4A)For paragraph (4) (c), the requirements are that:
(a)the aircraft is not an experimental aircraft for which a different certificate of airworthiness has previously been issued under this regulation; and
(b)if Part 42 applies to the aircraft — an airworthiness review certificate is in force for the aircraft; and
(c)if Part 42 does not apply to the aircraft, and the aircraft is of a particular type and model — a person who holds a certificate of approval that covers maintenance for that type and model of aircraft has certified, in the aircraft maintenance record for the aircraft, that the aircraft meets the requirements mentioned in subregulation 21.184 (4).
[8] Subregulation 21.184 (3), not including the heading
substitute
(3)An applicant for a special certificate of airworthiness for an aircraft in the primary category is entitled to the certificate if CASA or an authorised person is satisfied that:
(a)the aircraft has a standard certificate of airworthiness; and
(b)the aircraft meets the criteria mentioned in paragraph 21.024 (1) (a); and
(c)the applicant has applied, under regulation 21.113, for a supplemental type certificate for the approval of the design of a major change to the aircraft; and
(d)the applicant meets the requirements mentioned in regulation 21.113A; and
(e)if Part 42 applies to the aircraft — a certificate of release to service has been issued for the most recent maintenance carried out on the aircraft; and
(f)if Part 42 does not apply to the aircraft — a maintenance release is in force for the aircraft.
[9] Paragraphs 21.184 (4) (c) and 21.184A (2) (c)
substitute
(c)if Part 42 applies to the aircraft — an airworthiness review certificate is in force for the aircraft; and
(ca)if Part 42 does not apply to the aircraft — the aircraft maintenance record for the aircraft records the result of a maintenance release inspection (within the meaning given by subregulation 47 (6) of CAR) for the aircraft; and
[10] Subregulation 21.197 (5)
omit
[11] Paragraph 21.303 (2) (e)
substitute
(e)standard parts.
[12] Regulation 21.305
omit
these regulations,
insert
this Part,
[13] Regulation 21.306
substitute
21.306 Use of standard parts and materials
Standard parts
(1)A standard part may be used in the manufacture of an aircraft, aircraft engine, propeller or appliance, or another part, if:
(a)the standard part is required by:
(i)the type design for the aircraft, aircraft engine or propeller; or
(ii)the approved design for the appliance or other part; and
(b)the standard part was supplied with a document that:
(i)was issued under the law of a Contracting State; and
(ii)contains a statement that identifies the standard part and the specification with which the standard part complies; and
(c)the standard part has zero time in service.
Note For the definition of standard part, see Part 1 of the Dictionary.
(2)For the purposes of determining whether a standard part complies with the specification identified in the document mentioned in paragraph (1) (b) for the standard part, CASA may:
(a)direct the person who is using, or proposing to use, the standard part to give CASA:
(i)any technical data for the type design for the aircraft, aircraft engine or propeller that relates to the standard part; or
(ii)any technical data for the approved design for the appliance or other part that relates to the standard part; or
(b)inspect the standard part to determine whether it complies with the specification.
Materials
(3)A material may be used in the manufacture of an aircraft, aircraft engine, propeller, part or appliance if:
(a)the material is required by:
(i)the type design for the aircraft, aircraft engine or propeller; or
(ii)the approved design for the part or appliance; and
(b)the material complies with an established industry or Australian specification; and
(c)the material was supplied with a document that:
(i)was issued under the law of a Contracting State; and
(ii)contains a statement that identifies the material and the specification with which the material complies.
(4)For the purposes of determining whether a material complies with the established industry or Australian specification identified in the document mentioned in paragraph (3) (c) for the material, CASA may:
(a)direct the person who is using, or proposing to use, the material to give CASA:
(i)any technical data for the type design for the aircraft, aircraft engine or propeller that relates to the material; or
(ii)any technical data for the approved design for the part or appliance that relates to the material; or
(b)inspect the material to determine whether it complies with the specification.
Directions
(5)A direction under paragraph (2) (a) or (4) (a) must:
(a)be in writing; and
(b)specify the time within which the direction must be complied with.
(6)If CASA gives a direction to a person under paragraph (2) (a) or (4) (a), the person must comply with the direction within the time mentioned in the direction.
Penalty: 50 penalty units.
(7)In this regulation:
approved design, for a part or appliance, has the meaning given by subregulation 42.015 (1).
(8)An offence against subregulation (6) is an offence of strict liability.
[14] Subregulation 21.329 (3)
substitute
(3)For a used aircraft to which Part 42 applies, an airworthiness review certificate must be in force for the aircraft.
(3A)For a used aircraft to which Part 42 does not apply, and that is of a particular type and model, the aircraft must have undergone a maintenance release inspection (within the meaning given by subregulation 47 (6) of CAR):
(a)within 30 days before the date the application is made for an export airworthiness approval for the aircraft; and
(b)that was conducted by:
(i)a person who holds a certificate of approval that covers maintenance for that type and model of aircraft; or
(ii)an approved maintenance organisation, within the meaning given by Part 3 of the Dictionary.
[15] Subregulation 21.329 (7), source note
substitute
Source FARs sections 21.329 and 337, modified.
[16] Regulation 21.337, including the source note
omit
[17] After Part 39
insert
Part 42 Continuing airworthiness requirements for aircraft and aeronautical products
Note This Part is made up as follows:
Subpart 42.A Preliminary
42.005Purpose of Part
42.010Applicability of Part
42.015Definitions for Part
42.020Part 42 Manual of Standards
Subpart 42.B Requirements for registered operators
Division 42.B.1 Preliminary
42.025Purpose of Subpart
Division 42.B.2 Continuing airworthiness requirements
42.030Continuing airworthiness requirements — all aircraft
42.035Condition of AOC — aircraft authorised to operate under AOCs
42.040Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations
42.045Small aircraft not authorised to operate under AOCs may have continuing airworthiness management organisations
42.050Form of continuing airworthiness management contract — all aircraft
42.055Giving information in accordance with contract
42.060Copy of certain provisions of contract to be given to CASA
42.065Copy of variation of certain provisions of contract to be given to CASA
42.070Notice of termination of contract to be given to CASA
42.075Notice of contravention of Part to be given to CASA
42.080Maintenance of aircraft and aeronautical products
Division 42.B.3 Record-keeping requirements in relation to authorisations under regulation 42.630
42.085Application of Division
42.090Retaining copies of authorisations
42.095Keeping lists of authorised pilot licence holders and flight engineers
Subpart 42.C Continuing airworthiness management — requirements for person responsible for continuing airworthiness for aircraft
Division 42.C.1 Preliminary
42.100Purpose of Subpart
42.105Meaning of person responsible for continuing airworthiness for aircraft
Division 42.C.2 Continuing airworthiness management tasks
42.110Complying with regulations in this Division
42.115Rectification of defect to aircraft before flight — all aircraft
42.120Compliance with airworthiness directives — all aircraft
42.125Approval of design for modifications or repairs to aircraft — all aircraft
42.130Dealing with certain instructions for continuing airworthiness — aircraft authorised to operate under AOCs and large aircraft
42.135Replacement of life limited aeronautical product — all aircraft
42.140Approved maintenance program required — aircraft authorised to operate under AOCs and large aircraft
42.145Compliance with maintenance program required — all aircraft
42.150Updating approved maintenance program following change to instructions for continuing airworthiness
42.155Ensuring effectiveness of approved maintenance program using approved reliability programs — certain aircraft
42.160Ensuring effectiveness of approved maintenance program — other aircraft authorised to operate under AOCs and large aircraft
42.165Removal of aeronautical products fitted as permitted by regulation 42.440
Division 42.C.3 Continuing airworthiness records — all aircraft
Subdivision 42.C.3.1 Continuing airworthiness records system
42.170Continuing airworthiness records system
Subdivision 42.C.3.2 Information about aircraft
42.175Requirement to record information
42.180Information about aircraft engines and propellers
42.185Information about empty weight of aircraft
42.190Information about utilisation of aircraft
42.195Information about compliance with airworthiness directives
42.200Information about compliance with maintenance program
42.205Information about modifications
42.210Information about aeronautical products with life limit
Subdivision 42.C.3.3 Substantiating documents
42.215Substantiating documents
Subdivision 42.C.3.4 Flight technical log
42.220Flight technical log
42.225Availability of flight technical log
Subdivision 42.C.3.5 Recording next maintenance due to be carried out
42.230Recording details of next maintenance due to be carried out in flight technical log
42.235Approval of another means of recording next maintenance due to be carried out
42.240Recording details of next maintenance due to be carried out by approved other means
Subdivision 42.C.3.6 Recording utilisation information
42.245Ensuring flight technical log can contain utilisation information mentioned in regulation 42.175 for each flight if another means not approved
42.250Approval of another means of recording utilisation information mentioned in regulation 42.190 for each flight
42.255Recording utilisation information mentioned in regulation 42.190 for each flight by approved other means
Subdivision 42.C.3.7 Retention and transfer of records
42.260Retention of continuing airworthiness records
42.265Transfer of continuing airworthiness records for aircraft
Division 42.C.4 Major defects — reporting and investigating
42.270Reporting major defects — all aircraft
42.275Investigating major defects — large aircraft and aircraft authorised to operate under AOC
42.280Action by CASA following report of major defect
42.285Action by certificate holder or approval holder following report of major defect
Subpart 42.D Maintenance
Division 42.D.1 Preliminary
42.290Purpose of Subpart
Division 42.D.2 Permissions for section 20AB of Act — aircraft
42.295Who is permitted to carry out maintenance on aircraft — approved maintenance organisations
42.300Who is permitted to carry out maintenance on aircraft — individuals not working for approved maintenance organisations
Division 42.D.3 Permissions for section 20AB of Act — aeronautical products
42.305Who is permitted to carry out maintenance on aeronautical products
Division 42.D.4 Requirements for carrying out maintenance
42.310General requirements for carrying out maintenance
42.315Ensuring individuals are competent to carry out maintenance
42.320Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out
42.325Maintenance involving modifications and certain repairs
42.330Removal of tools etc after carrying out maintenance
Division 42.D.5 Requirements for independent inspection of critical control system maintenance
42.335Meaning of independent individual
42.340Requirement for verification and record for critical control system maintenance
42.345Verification and record for critical control system maintenance
Division 42.D.6 Requirements for dealing with defects
Subdivision 42.D.6.1 Dealing with defects
42.350Meaning of qualified individual
42.355Recording defects
42.360When qualified individual may defer rectification of defect
42.365How rectification of defect is deferred
42.370Record for deferral of rectification of defect
Subdivision 42.D.6.2 Reporting defects
42.375Major defect reporting — independent maintainer carrying out maintenance on aircraft
42.380Major defect reporting — approved maintenance organisation carrying out maintenance on aircraft
42.385Major defect reporting — approved maintenance organisation carrying out maintenance on aeronautical product
42.390Reporting requirements
Division 42.D.7 Requirements for recording maintenance for aircraft or aeronautical products
42.395Recording maintenance information for aircraft
42.400Making maintenance record for aeronautical products
42.405Provision of maintenance record and other documents to registered operator
42.410Retention of copy of maintenance record by approved maintenance organisations
Subpart 42.E Aeronautical products
Division 42.E.1 Preliminary
42.415Purpose of Subpart
Division 42.E.2 Requirements for fitting parts and using materials
42.420Fitting parts other than standard parts
42.425Obligations and offences for fitting parts other than standard parts
42.430Fitting parts removed from aircraft — permission for paragraph 42.420 (5) (c)
42.435Fitting parts fabricated by approved maintenance organisations — permission for subparagraph 42.420 (5) (a) (ii)
42.440Fitting parts for which there is no authorised release certificate — permission for subparagraphs 42.420 (5) (a) (ii) and (b) (iii)
42.445Fitting standard parts
42.450Fitting parts removed from same place on aircraft — permission for paragraphs 42.420 (1) (a) and 42.445 (1) (a)
42.455Using materials
Division 42.E.3 Requirements for controlling unserviceable and unsalvageable parts
42.460Control of unserviceable parts
42.465Control of unsalvageable parts
Division 42.E.4 Requirements for controlling unapproved parts
42.470Meaning of unapproved for parts
42.475Control of unapproved parts
42.480Reporting unapproved parts
42.485Action by CASA following report of unapproved parts
42.490Action required if parts not required to be kept
Subpart 42.F Subpart 42.F approved maintenance organisations
Division 42.F.1 General
42.495Purpose of Subpart
42.500Definitions for Subpart
42.505Regulations 11.070 to 11.075 do not apply in relation to certain matters
Division 42.F.2 Approval of Subpart 42.F organisations
42.510Applying for approval
42.515Issuing approval
42.520Approval certificate
42.525Privileges for Subpart 42.F organisations
42.530Approval subject to conditions
Division 42.F.3 Changes to Subpart 42.F organisations
42.535Application for approval of significant changes to Subpart 42.F organisations
42.540Approval of significant changes
42.545Changes to Subpart 42.F organisations that are not significant changes
42.550CASA may direct Subpart 42.F organisations to change expositions
Division 42.F.4 Requirements and offences for Subpart 42.F organisations
42.555Provision of maintenance services
42.560Providing employees with exposition
42.565Complying with directions
Subpart 42.G Continuing airworthiness management organisations
Division 42.G.1 General
42.570Purpose of Subpart
42.575Definitions for Subpart
42.580Regulations 11.070 to 11.075 do not apply in relation to certain matters
Division 42.G.2 Approval of continuing airworthiness management organisations
42.585Applying for approval
42.590Issuing approval
42.595Approval certificate
42.600Privileges for continuing airworthiness management organisations
42.605Approval subject to conditions
Division 42.G.3 Changes to continuing airworthiness management organisations
42.610Application for approval of significant changes to continuing airworthiness management organisations
42.615Approval of significant changes
42.620Changes to continuing airworthiness management organisations that are not significant changes
42.625CASA may direct continuing airworthiness management organisations to change expositions
Division 42.G.4 Authorisation of pilot licence holders and flight engineers to provide maintenance services
42.630When pilot licence holders and flight engineers may be authorised
42.635Ceasing of authorisation if organisation ceases to be responsible for providing continuing airworthiness management services for aircraft
42.640Directions in relation to authorisations
42.645Notice of cancellation of authorisation
Division 42.G.5 Requirements and offences for continuing airworthiness management organisations
42.650Provision of continuing airworthiness management services
42.655Providing employees with exposition
42.660Copies of authorisations and records
42.665Complying with directions
42.670Giving information in accordance with contract
42.675Notice of contravention of Part to be given to CASA
Subpart 42.H Maintenance certification and certificate of release to service
Division 42.H.1 General
42.680Purpose of Subpart
Division 42.H.2 Maintenance certification for maintenance carried out on aircraft
Subdivision 42.H.2.1 Application of Division
42.685Application of Division
Subdivision 42.H.2.2 Who must perform maintenance certification
42.690Approved maintenance organisations
42.695Individuals performing maintenance certification on behalf of approved maintenance organisations
42.700Independent maintainers
Subdivision 42.H.2.3 Requirements for performing maintenance certification
42.705Requirements to be met by individuals before performing maintenance certification
42.710Requirements to be met by organisations before performing maintenance certification
Subdivision 42.H.2.4 Performance of maintenance certification
42.715How maintenance certification is performed
Division 42.H.3 Certificate of release to service — aircraft
Subdivision 42.H.3.1 Preliminary
42.720Application of Division
42.725Requirement not to release aircraft without certificate of release to service
Subdivision 42.H.3.2 Who may issue certificate of release to service
42.730Approved maintenance organisations
42.735Individuals issuing certificates of release to service on behalf of approved maintenance organisations
42.740Independent maintainers
Subdivision 42.H.3.3 Requirements for issuing certificate of release to service
42.745Requirements to be met before certificate of release to service may be issued
42.750Requirements to be met by approved maintenance organisations before issuing certificate of release to service
42.755Requirements to be met by individuals before issuing certificate of release to service
Subdivision 42.H.3.4 Form, content and issue of certificate of release to service
42.760Form and content of certificate of release to service
42.765How certificate of release to service is issued
Subdivision 42.H.3.5 Record-keeping
42.770Retaining copy of certificate of release to service
Division 42.H.4 Certificate of release to service — aeronautical products
Subdivision 42.H.4.1 Preliminary
42.775Application of Division
42.780Requirement not to release aeronautical product without certificate of release to service
Subdivision 42.H.4.2 Who may issue certificate of release to service
42.785Approved maintenance organisations
42.790Individuals issuing certificates of release to service on behalf of approved maintenance organisations
Subdivision 42.H.4.3 Requirements for issuing certificate of release to service
42.795Requirements to be met before certificate of release to service may be issued
42.800Requirements to be met by approved maintenance organisations before issuing certificate of release to service
42.805Requirements to be met by individuals before issuing certificate of release to service
Subdivision 42.H.4.4 Form and issue of certificate of release to service
42.810Form of certificate of release to service
42.815How certificate of release to service is issued
Subdivision 42.H.4.5 Record-keeping and dealing with certificate of release to service
42.820Additional record for certificate of release to service issued as in-house release document
42.825Dealing with certificate of release to service
Subpart 42.I Airworthiness reviews and airworthiness review certificates
Division 42.I.1 General
42.830Application of Subpart
42.835Purpose of Subpart
Division 42.I.2 Issue of airworthiness review certificates
42.840Who may issue airworthiness review certificate
42.845Requirements to be met for issue of airworthiness review certificate
42.850Requirements to be met by continuing airworthiness management organisations before issuing airworthiness review certificate
42.855Requirements to be met by individuals before issuing airworthiness review certificate
42.860Form of airworthiness review certificate
42.865How airworthiness review certificate is issued
42.870How long airworthiness review certificate remains in force
Division 42.I.3 Extension of airworthiness review certificates
42.875Who may extend airworthiness review certificates
42.880Requirements to be met for extension of airworthiness review certificate
42.885Requirements to be met by continuing airworthiness management organisations before extension of airworthiness review certificate
42.890Requirements to be met by individuals before extending airworthiness review certificate
42.895How airworthiness review certificate is extended
Division 42.I.4 Airworthiness review procedure
42.900Airworthiness review procedure
Division 42.I.5 Administration
42.905Record of findings of airworthiness review
42.910Record of corrective action taken
42.915Retaining records relating to airworthiness review certificates
42.920Documents to be sent to CASA and registered operator
42.925Notice of decision not to issue airworthiness review certificate
Division 42.I.6 Relationship of airworthiness review certificate to certificate of airworthiness
42.930Relationship with certificate of airworthiness
Subpart 42.J Approval of maintenance programs and variations of approved maintenance programs
Division 42.J.1 Preliminary
42.935Purpose of Subpart
Division 42.J.2 Approval of maintenance programs by continuing airworthiness management organisations
42.940Circumstances in which continuing airworthiness management organisations may approve proposed maintenance programs
42.945Requirements for approval of maintenance programs
42.950Requirements to be met by continuing airworthiness management organisations before approving proposed maintenance programs
42.955Requirements to be met by individuals before approving proposed maintenance programs
42.960How approval is given
42.965Record-keeping requirements
Division 42.J.3 Approval of maintenance programs by CASA
42.970Application to CASA for approval of maintenance programs
42.975Form of application
42.980Approval of maintenance programs by CASA
Division 42.J.4 Approval of variations of approved maintenance programs by continuing airworthiness management organisations
42.985Circumstances in which continuing airworthiness management organisations may approve proposed variations
42.990Requirements to be met for approval of variations of maintenance programs
42.995Requirements to be met by continuing airworthiness management organisation before approving proposed variations
42.1000Requirements to be met by individuals before approving proposed variations
42.1005How approval is given
42.1010Record-keeping requirements
Division 42.J.5 Approval of variations of approved maintenance programs by CASA
42.1015Application to CASA for approval of variations of approved maintenance programs
42.1020Form of application
42.1025Approval of variations by CASA
Subpart 42.K Directions to vary approved maintenance programs
42.1030Purpose of Subpart
42.1035CASA may direct variation of approved maintenance programs
Subpart 42.L Approval of reliability programs and variations of approved reliability programs
Division 42.L.1 Preliminary
42.1040Purpose of Subpart
Division 42.L.2 Approval of reliability programs
42.1045Application for approval of reliability programs
42.1050Approval of reliability programs
Division 42.L.3 Approval of variations of approved reliability programs
42.1055Application for approval of variations of approved reliability programs
42.1060Approval of variations of approved reliability programs
Subpart 42.M Requirements for pilots
42.1065Purpose of Subpart
42.1070Pre-flight inspection — all aircraft
42.1075Recording information in flight technical log — all aircraft
Subpart 42.N Record-keeping requirements
42.1080Purpose of Subpart
42.1085Requirements for making records made under Part
42.1090Requirements for keeping records made under Part
42.1095Change to records made under Part
Subpart 42.O Copying or disclosing cockpit voice recording information
42.1100Purpose of Subpart
42.1105Authorisation of persons for paragraph 32AP (3A) (a) of Act
Subpart 42.A Preliminary
42.005 Purpose of Part
This Part:
(a)sets out continuing airworthiness requirements, including requirements for carrying out maintenance, for aircraft and aeronautical products to which this Part applies; and
(b)empowers CASA to issue a Manual of Standards for this Part.
Note See Part 21 in relation to initial airworthiness requirements for aircraft and aeronautical products, and the issue of certificates of airworthiness for aircraft.
42.010 Applicability of Part
Subject to Subpart 202.BA, this Part applies to:
(a)a registered aircraft; and
(b)an aeronautical product for a registered aircraft.
Note 1 For the definition of registered, see Part 1 of the Dictionary.
Note 2 Subpart 202.BA contains regulations 202.180 to 202.194, which are application and transitional provisions for this Part.
Under regulation 202.180, from 27 June 2011 until 26 June 2013, this Part will apply to:
(a)a registered aircraft that is authorised to operate under an AOC issued for a purpose mentioned in paragraph 206 (1) (c) of CAR, is of a particular type and model and the registered operator of which is a continuing airworthiness management organisation for that type and model of aircraft; and
(b)an aeronautical product for such an aircraft; and
(c)a Part 145 organisation that is carrying out maintenance on such an aircraft or aeronautical product; and
(d)an independent maintainer mentioned in item 4 or 5 of table 42.300 who is carrying out maintenance on such an aircraft.
Under regulation 202.181, from 27 June 2013, this Part will apply to:
(a)a registered aircraft that is authorised to operate under an AOC issued for a purpose mentioned in paragraph 206 (1) (c) of CAR; and
(b)an aeronautical product for such an aircraft; and
(c)a Part 145 organisation that is carrying out maintenance on such an aircraft or aeronautical product; and
(d)an independent maintainer mentioned in item 4 or 5 of table 42.300 who is carrying out maintenance on such an aircraft.
42.015 Definitions for Part
(1)In this Part:
accountable manager:
(a)for a Subpart 42.F organisation — has the meaning given by subregulation 42.500 (1); and
(b)for a continuing airworthiness management organisation — has the meaning given by subregulation 42.575 (1).
aircraft control system, for an aircraft, means the system of the aircraft by which the flight path, attitude or propulsive force of the aircraft is changed.
air transport AOC means an AOC issued for a purpose mentioned in paragraph 206 (1) (b) or (c) of CAR.
airworthiness review means a review carried out under Division 42.I.3.
airworthiness review certificate means a document that complies with regulation 42.860.
airworthiness review employee means an individual who is authorised by a continuing airworthiness management organisation in accordance with the Part 42 Manual of Standards to do the following on behalf of the organisation:
(a)carry out an airworthiness review for an aircraft;
(b)issue an airworthiness review certificate.
airworthy has the meaning given by subregulation (2).
approval certificate:
(a)for a Subpart 42.F organisation — has the meaning given by subregulation 42.500 (1); and
(b)for a continuing airworthiness management organisation — has the meaning given by subregulation 42.575 (1).
approval certificate reference number means:
(a)for a Subpart 42.F organisation — the number determined by CASA under subregulation 42.520 (2); and
(b)for a continuing airworthiness management organisation — the number determined by CASA under subregulation 42.595 (2); and
(c)for a Part 145 organisation — the number determined by CASA under subregulation 145.035 (2).
approval rating means a rating for a kind of aircraft, aeronautical product or specialist maintenance specified in the Part 42 Manual of Standards.
approved design means:
(a)for an aircraft, aircraft engine or propeller:
(i)the type design for the aircraft, engine or propeller; and
(ii)any changes to the type design made in accordance with a Part 21 approval; and
(b)for an aeronautical product, other than an aircraft engine or propeller, that is approved in a manner mentioned in regulation 21.305 or 21.305A:
(i)the design specifications for the product; and
(ii)any changes to the design specifications made in accordance with a Part 21 approval.
approved maintenance program, for an aircraft, means a maintenance program for the aircraft that has been approved in accordance with Subpart 42.J, including any variations to the program that have been approved in accordance with Subpart 42.J.
approved reliability program, for an aircraft, means a reliability program for the aircraft that has been approved in accordance with Subpart 42.L, including any variations to the program that have been approved in accordance with Subpart 42.L.
certification authorisation number means:
(a)for a certification authorisation issued by a Subpart 42.F organisation — the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 42 Manual of Standards; and
(b)for a certification authorisation issued by a Part 145 organisation — the authorisation reference number allocated to the authorisation by the organisation in accordance with the Part 145 Manual of Standards.
competent, to carry out maintenance on an aircraft or aeronautical product, has the meaning given by subregulation 42.315 (1).
configuration deviation list, for an aircraft, means a document that:
(a)is prepared by the aircraft’s type certificate holder or foreign type certificate holder; and
(b)is approved by the State of Design for the aircraft; and
(c)lists each external part of the aircraft that is permitted to be missing from the aircraft, under conditions specified in the document, at the commencement of a flight by the aircraft.
continuing airworthiness management service has the meaning given by subregulation 42.575 (1).
continuing airworthiness management organisation means a person who holds an approval under regulation 42.590 that is in force.
continuing airworthiness manager, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575 (1).
continuing airworthiness record, for an aircraft, has the meaning given by subregulation (3).
continuing airworthiness records system, for an aircraft, means the system required by regulation 42.170 for the aircraft.
continuing airworthiness responsibility, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575 (1).
creation date has the meaning given by subregulation 42.260 (2).
critical control system maintenance, for an aircraft:
(a)means maintenance carried out on the aircraft control system for the aircraft that, if not carried out correctly, may result in a failure, malfunction or defect of the system that will endanger the safe operation of the aircraft; and
(b)does not include optional dual flight control maintenance.
EDTO has the meaning given by subsection 2.1 of Civil Aviation Order 82.0.
eligible to be fitted, for a part, has the meaning given by subregulation (4).
eligible to be used, for a material, has the meaning given by subregulation (5).
exposition:
(a)for a Subpart 42.F organisation — has the meaning given by subregulation 42.500 (1); and
(b)for a continuing airworthiness management organisation — has the meaning given by subregulation 42.575 (1); and
(c)for a Part 145 organisation — has the meaning given by subregulation 145.010 (1).
independent individual, for critical control system maintenance for an aircraft, has the meaning given by regulation 42.335.
independent maintainer means an individual mentioned in item 1, 3, 4 or 5 of table 42.300.
life limit, for an aeronautical product that is fitted, or is to be fitted, to an aircraft or another aeronautical product (the second aeronautical product), means:
(a)if an airworthiness directive specifies an amount of use, or an age, after which the product must not be used — that amount of use, or age; or
(b)if paragraph (a) does not apply, and the approved design for the aircraft specifies an amount of use, or an age, after which the product must not be used — that amount of use, or age; or
(c)if paragraphs (a) and (b) do not apply, and the approved design for the second aeronautical product specifies an amount of use, or an age, after which the product must not be used — that amount of use, or age; or
(d)if none of paragraphs (a), (b) and (c) apply — the amount of use, or age, specified in the approved design for the product as the amount of use, or age, after which the product must not be used.
Note Life limit may be expressed in a number of ways, including the amount of operating time, the number of operating cycles or a calendar period.
main location, for a Part 145 organisation, has the meaning given by the Part 145 Manual of Standards.
maintenance program, for an aircraft that is authorised to operate under an AOC or a large aircraft, means the approved maintenance program for the aircraft.
maintenance program approval employee, for a continuing airworthiness management organisation, means an individual who is authorised by the organisation in accordance with the Part 42 Manual of Standards:
(a)to approve a maintenance program for an aircraft; or
(b)to approve a variation to a maintenance program for an aircraft.
maintenance record means:
(a)for maintenance carried out on an aircraft — a record that contains:
(i)the information required under regulation 42.395; and
(ii)the maintenance certification for the maintenance; and
(b)for maintenance carried out on an aeronautical product — a record required to be made under regulation 42.400.
optional dual flight control maintenance means maintenance:
(a)that involves only the connection or disconnection of optional dual flight controls without using tools; and
(b)that does not involve the assembly, adjustment, repair, modification or replacement of any other part of the aircraft control system.
Part 21 approval means:
(a)for a change to the type design of an aircraft, aircraft engine or propeller:
(i)an approval under regulation 21.095 or 21.098; or
(ii)an approval in a supplemental type certificate or a foreign supplemental type certificate; or
(iii)a modification/repair design approval; or
(iv)an approval taken to have been given under regulation 21.465 or 21.470; and
(b)for a change to the design of an aeronautical product other than an aircraft engine or propeller:
(i)a modification/repair design approval; or
(ii)an approval taken to have been given under regulation 21.465 or 21.470.
Note For the definition of modification/repair design approval, see Part 1 of the Dictionary.
Part 90 Manual of Standards means the Manual of Standards issued by CASA under regulation 90.020.
person responsible for continuing airworthiness, for an aircraft, has the meaning given by regulation 42.105.
qualified individual, for a defect in an aircraft, has the meaning given by regulation 42.350.
quality manager, for a continuing airworthiness management organisation, has the meaning given by subregulation 42.575 (1).
responsibility start date, for a person and an aircraft, means the day on which the person becomes the person responsible for continuing airworthiness for the aircraft.
responsible manager:
(a)for a Subpart 42.F organisation — has the meaning given by subregulation 42.500 (1); and
(b)for a continuing airworthiness management organisation — has the meaning given by subregulation 42.575 (1).
serviceable, in relation to an aeronautical product, has the meaning given by subregulation (6).
significant change:
(a)for a Subpart 42.F organisation — has the meaning given by subregulation 42.500 (1); and
(b)for a continuing airworthiness management organisation — has the meaning given by subregulation 42.575 (1).
unapproved, in relation to a part, has the meaning given by regulation 42.470.
unsalvageable, in relation to an aeronautical product, has the meaning given by subregulation (7).
Note See the Dictionary for definitions of other terms used in this Part.
(2)An aircraft is airworthy if it is in a state that conforms with its approved design and is in a condition for safe operation.
(3)Each of the following is a continuing airworthiness record for an aircraft:
(a)a record made under paragraph 42.130 (3) (b) for the aircraft;
(b)a record made under Subdivision 42.C.3.2 for the aircraft;
(c)a document kept under regulation 42.215 for the aircraft;
(d)a record made under this Part in the flight technical log for the aircraft;
(e)a record made by a means, other than a flight technical log, approved by CASA under regulation 42.250;
(f)a record made under regulation 42.345 for the aircraft;
(g)a record made under regulation 42.370 for the aircraft;
(h)a maintenance record for maintenance carried out on the aircraft;
(i)a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft;
(j)a copy of the design of a modification or repair that is unique to the aircraft;
(k)if an aircraft maintenance record was kept for the aircraft in accordance with Division 10 of Part 4A of CAR, as in force immediately before 27 June 2011 — that aircraft maintenance record;
(l)a document for the aircraft:
(i)that is equivalent to a document mentioned in paragraphs (a) to (k); and
(ii)that was issued or kept under a law of a foreign country;
(m)a record of information for the aircraft:
(i)that is equivalent to a record mentioned in paragraphs (a) to (k); and
(ii)that was made or kept under a law of a foreign country.
Note for paragraph (d) See the notes to regulation 42.220.
(4)A part is eligible to be fitted to an aircraft or another aeronautical product if the fitting is permitted:
(a)by the approved design for the aircraft or the other aeronautical product that the aeronautical product will be fitted to; or
(b)by an Australian Parts Manufacturer Approval; or
(c)by a Parts Manufacturer Approval issued by the FAA.
(5)A material is eligible to be used in or on an aircraft or an aeronautical product if the use is permitted:
(a)by the approved design for the aircraft or the aeronautical product; or
(b)by maintenance data for maintenance to be carried out on the aircraft or aeronautical product.
(6)An aeronautical product is serviceable if the product:
(a)conforms with its approved design; and
(b)is fit for its intended use.
(7)An aeronautical product is unsalvageable if the product:
(a)is unserviceable; and
(b)cannot be made serviceable.
42.020 Part 42 Manual of Standards
Power to issue Manual of Standards
(1)For subsection 98 (5A) of the Act, CASA may issue a Manual of Standards for this Part that specifies matters affecting the maintenance or airworthiness of aircraft.
Matters — general
(2)In particular, a Manual of Standards may specify the following matters:
(a)for paragraph (b) of the definition of authorised release certificate in subclause 18 (2) of Part 2 of the Dictionary, that a specified kind of document issued under a law of a specified foreign country is equivalent to a document mentioned in paragraph (a) of that definition;
(b)for paragraph (d) of the definition of authorised release certificate in subclause 18 (2) of Part 2 of the Dictionary, that a specified kind of document issued under a law of a specified foreign country is equivalent to a document mentioned in paragraph (c) of that definition;
(c)for subparagraph (b) (ii) of the definition of large aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of aeroplane is a large aircraft;
(d)for subparagraph (d) (ii) of the definition of large aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of helicopter is a large aircraft;
(e)for subparagraph (b) (ii) of the definition of small aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of aeroplane is a small aircraft;
(f)for subparagraph (d) (ii) of the definition of small aircraft in clause 1 of Part 3 of the Dictionary, that a particular type and model of helicopter is a small aircraft;
(g)maintenance for items 1 and 2 of table 42.300;
(h)maintenance for item 3 of table 42.300;
(i)maintenance for items 4 and 5 of table 42.300;
(j)requirements for a maintenance program;
(k)requirements for a reliability program;
(l)that a document is an aviation industry standard;
(m)the matters mentioned in subregulation (3) for Subpart 42.F;
(n)the matters mentioned in subregulation (4) for Subpart 42.G.
Matters for Subpart 42.F
(3)For paragraph (2) (m), the matters are the following:
(a)maintenance that is specialist maintenance for a Subpart 42.F organisation;
(b)ratings for kinds of aircraft, aeronautical products and specialist maintenance;
(c)the privileges that apply to an approval rating;
(d)requirements for a Subpart 42.F organisation’s exposition;
(e)requirements for a Subpart 42.F organisation, including requirements in relation to the following:
(i)facilities;
(ii)managers;
(iii)employees;
(iv)employee qualifications;
(v)the grant of certification authorisations;
(vi)equipment, tools and materials;
(vii)maintenance data;
(viii)the fabrication of parts in the course of carrying out maintenance;
(ix)records;
(x)an annual review of the organisation’s compliance with this Part, the Part 42 Manual of Standards and the organisation’s exposition;
(xi)a procedure for making changes to the organisation that are not significant changes.
Matters for Subpart 42.G
(4)For paragraph (2) (n), the matters are the following:
(a)requirements for a continuing airworthiness management organisation’s exposition;
(b)requirements for a continuing airworthiness management organisation, including requirements in relation to the following:
(i)facilities;
(ii)managers;
(iii)employees;
(iv)employee qualifications;
(v)equipment;
(vi)a quality management system, including auditing;
(vii)writing procedures for carrying out maintenance;
(viii)instructions for continuing airworthiness;
(ix)records;
(x)a procedure for making changes to the organisation that are not significant changes.
Subpart 42.B Requirements for registered operators
Division 42.B.1 Preliminary
42.025 Purpose of Subpart
This Subpart sets out:
(a)requirements relating to the continuing airworthiness of an aircraft that apply to the registered operator of the aircraft; and
(b)record-keeping requirements for the registered operator of an aircraft in relation to authorisations under regulation 42.630.
Division 42.B.2 Continuing airworthiness requirements
42.030 Continuing airworthiness requirements — all aircraft
(1)The registered operator of an aircraft commits an offence if:
(a)the registered operator operates the aircraft for a flight, or permits it to be operated for a flight; and
(b)a requirement mentioned in subregulation (2) is not met for the aircraft before the flight commences.
Penalty: 50 penalty units.
(2)The requirements are that:
(a)the registered operator has ensured that the requirements mentioned in Division 42.C.2 are met for the aircraft; and
(b)if maintenance has been carried out on the aircraft — a certificate of release to service has been issued for the aircraft in relation to that maintenance; and
(c)if the aircraft is a large aircraft or an aircraft operating under an AOC:
(i)the requirements of regulation 42.040 for the aircraft are met; and
(ii)an airworthiness review certificate is in force for the aircraft; and
(d)each item of operational or emergency equipment that is not required by the certification basis for the aircraft, but is required by or under these Regulations for the flight, is fitted to the aircraft; and
(e)if there is a defect in the aircraft:
(i)operation of the aircraft for the flight with the defect is permitted by:
(A)the minimum equipment list for the aircraft; or
(B) the configuration deviation list for the aircraft; or
(C)a special flight permit for the flight; or
(ii)the rectification of the defect is deferred in accordance with Subdivision 42.D.6.1; or
(iii)the defect is in an item of operational or emergency equipment that:
(A)is fitted to the aircraft; and
(B)is not required by the certification basis for the aircraft; and
(C)is not required by or under these Regulations for the operation of the aircraft for the flight; and
(f)the flight technical log for the aircraft records the details of any defect in the aircraft mentioned in subparagraph (e) (i) or (iii).
Note for paragraph (b) Under subregulation 42.760 (2), a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft must be included in the flight technical log for the aircraft.
Note for subparagraph (c) (ii) For how long an airworthiness review certificate remains in force, see regulation 42.870.
Note for paragraph (d) and sub-subparagraph (e) (iii) (C) See Part 90 and the Part 90 Manual of Standards, regulation 207 of CAR and Civil Aviation Order 20.4, Civil Aviation Order 20.11 and Civil Aviation Order 20.18.
(3)An offence against subregulation (1) is an offence of strict liability.
42.035 Condition of AOC — aircraft authorised to operate under AOCs
For paragraph 28BA (1) (b) of the Act, it is a condition of an AOC that the requirements of regulation 42.040 are met for each aircraft that is authorised to operate under the AOC.
42.040 Aircraft authorised to operate under AOCs and large aircraft must have continuing airworthiness management organisations
Aircraft authorised to operate under air transport AOC
(1)The registered operator of an aircraft that is authorised to operate under an air transport AOC must be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft.
Aircraft authorised to operate under AOC other than air transport AOC
(2)The registered operator of an aircraft that is authorised to operate under an AOC, other than an air transport AOC, must:
(a)be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft; or
(b)have a contract with a single continuing airworthiness management organisation for that organisation to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
Large aircraft not authorised to operate under AOC
(3)The registered operator of a large aircraft that is not authorised to operate under an AOC must:
(a)be approved by CASA under Subpart 42.G as a continuing airworthiness management organisation for the type and model of aircraft; or
(b)have a contract with a single continuing airworthiness management organisation for that organisation to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
42.045 Small aircraft not authorised to operate under AOCs may have continuing airworthiness management organisations
(1)The registered operator of a small aircraft that is not authorised to operate under an AOC may enter into a contract with a continuing airworthiness management organisation for the organisation to ensure that 1 or more of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
(2)The registered operator must not, at any time, have a contract mentioned in subregulation (1) with more than 1 continuing airworthiness management organisation in relation to the aircraft.
42.050 Form of continuing airworthiness management contract — all aircraft
(1)If the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the registered operator must ensure that the contract:
(a)is in writing; and
(b)includes provisions dealing with the matters mentioned in subregulation (2).
Penalty: 50 penalty units.
(2)For paragraph (1) (b), the matters are the following:
(a)the details of the aircraft covered by the contract, including the registration mark, type, model, and serial number for the aircraft;
(b)the registered operator’s name and address;
(c)the continuing airworthiness management organisation’s name, address and approval reference number;
(d)the matters relating to the continuing airworthiness of the aircraft for which the registered operator is responsible, including the requirements of Subpart 42.C for which the registered operator is responsible;
(e)the matters relating to the continuing airworthiness of the aircraft for which the continuing airworthiness management organisation is responsible, including the requirements of Subpart 42.C for which the organisation is responsible;
(f)that each party will give the other party information about the continuing airworthiness of the aircraft that relates to the matters mentioned in paragraphs (d) and (e);
(g)details of the information to be provided by each party as mentioned in paragraph (f);
(h)how the information mentioned in paragraph (f) will be provided by each party;
(i)the date of effect of the contract.
(3)An offence against subregulation (1) is an offence of strict liability.
42.055 Giving information in accordance with contract
If:
(a)the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and
(b)the registered operator has information about the continuing airworthiness of the aircraft that relates to a matter mentioned in paragraph 42.050 (2) (e);
the registered operator must give the information to the organisation in accordance with the contract.
Penalty: 50 penalty units.
Note See regulation 42.670 for the requirement for the continuing airworthiness management organisation for an aircraft to give information to the registered operator of the aircraft.
42.060 Copy of certain provisions of contract to be given to CASA
(1)If the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the registered operator must give CASA a copy of the provisions of the contract dealing with the matters mentioned in subregulation 42.050 (2) within 14 days after the contract has been made.
Penalty: 50 penalty units.
(2)An offence against subregulation (1) is an offence of strict liability.
42.065 Copy of variation of certain provisions of contract to be given to CASA
(1)If:
(a)the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and
(b)a provision of the contract dealing with a matter mentioned in subregulation 42.050 (2) is varied;
the registered operator must give CASA a copy of the varied provision within 14 days after the variation has been made.
Penalty: 50 penalty units.
(2)An offence against subregulation (1) is an offence of strict liability.
42.070 Notice of termination of contract to be given to CASA
(1)If:
(a)the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and
(b)the contract is terminated;
the registered operator must give CASA written notice of the termination within 14 days after the contract is terminated.
Penalty: 50 penalty units.
(2)An offence against subregulation (1) is an offence of strict liability.
42.075 Notice of contravention of Part to be given to CASA
(1)If:
(a)the registered operator of an aircraft enters into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045; and
(b)the registered operator has reasonable grounds to believe that the organisation has contravened a provision of this Part;
the registered operator must give CASA written notice of the contravention within 7 days after the registered operator forms the belief that the contravention has occurred.
Penalty: 50 penalty units.
(2)If the registered operator is an individual, he or she is not excused from giving a notice under subregulation (1) on the ground that the information in the notice might tend to incriminate the individual or expose the individual to a penalty.
(3)However:
(a)the information in the notice; or
(b)any information, document or thing obtained as a direct or indirect consequence of giving the notice;
is not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against subsections 136.1 (1) or (4), 137.1 (1) or 137.2 (1) of the Criminal Code.
Note 1 Subsections 136.1 (1) and (4), 137.1 (1) and 137.2 (1) of the Criminal Code provide for offences in relation to false or misleading statements in applications and false or misleading information or documents.
Note 2 See regulation 42.675 for the equivalent requirement for a continuing airworthiness management organisation.
42.080 Maintenance of aircraft and aeronautical products
Maintenance carried out on an aircraft
(1)The registered operator of an aircraft must ensure that maintenance carried out on the aircraft is carried out by a person who is permitted to carry out the maintenance under regulation 42.295 or 42.300.
Penalty: 50 penalty units.
(2)The registered operator of an aircraft must ensure that a person mentioned in item 4 or 5 of table 42.300 carries out maintenance on the aircraft at a place only if no approved maintenance organisation is able to carry out the maintenance at that place.
Penalty: 50 penalty units.
Maintenance carried out on an aeronautical product
(3)The registered operator of an aircraft must ensure that maintenance carried out on an aeronautical product for the aircraft is carried out by a person who is permitted to carry out the maintenance under regulation 42.305.
Penalty: 50 penalty units.
(4)An offence against subregulation (1), (2) or (3) is an offence of strict liability.
Division 42.B.3 Record-keeping requirements in relation to authorisations under regulation 42.630
42.085 Application of Division
This Division applies to the registered operator of an aircraft if, under subregulation 42.660 (1), a continuing airworthiness management organisation gives the registered operator a copy of an authorisation issued under regulation 42.630.
42.090 Retaining copies of authorisations
(1)The registered operator must retain a copy of the authorisation for at least 2 years after the authorisation ceases to be in force.
Penalty: 50 penalty units.
(2)An offence against subregulation (1) is an offence of strict liability.
42.095 Keeping lists of authorised pilot licence holders and flight engineers
(1)The registered operator must, at all times, keep a list, in accordance with subregulation (2), of the pilot licence holders and flight engineers who hold authorisations issued under regulation 42.630 to provide maintenance services for the registered operator’s aircraft.
Penalty: 50 penalty units.
(2)The list must include the following information for each pilot licence holder and flight engineer:
(a)the name of the continuing airworthiness management organisation that issued the authorisation;
(b)the name and licence number of the pilot licence holder or flight engineer;
(c)the maintenance services that the pilot licence holder or flight engineer is authorised to provide;
(d)the period for which the authorisation is valid;
(e)the aircraft for which the authorisation is issued.
(3)If there is a change to the information mentioned in subregulation (2), the registered operator must update the list within 28 days after the change occurs.
Penalty: 50 penalty units.
(4)An offence against subregulation (1) or (3) is an offence of strict liability.
Subpart 42.C Continuing airworthiness management — requirements for person responsible for continuing airworthiness for aircraft
Division 42.C.1 Preliminary
42.100 Purpose of Subpart
This Subpart sets out requirements relating to the continuing airworthiness of an aircraft that apply to the person responsible for continuing airworthiness for the aircraft.
42.105 Meaning of person responsible for continuing airworthiness for aircraft
(1)If the registered operator of an aircraft has entered into a contract with a continuing airworthiness management organisation as mentioned in regulation 42.040 or 42.045, the person responsible for continuing airworthiness for the aircraft is:
(a)for a requirement of this Subpart for which, under the contract, the registered operator is responsible — the registered operator of the aircraft; and
(b)for a requirement of this Subpart for which, under the contract, the organisation is responsible — the organisation.
Note 1 Under regulation 42.050, a contract between the registered operator of an aircraft and a continuing airworthiness management organisation must deal with:
(a)the matters relating to the continuing airworthiness of the aircraft for which the registered operator is responsible, including the requirements of this Subpart for which the registered operator is responsible; and
(b)the matters relating to the continuing airworthiness of the aircraft for which the continuing airworthiness management organisation is responsible, including the requirements of this Subpart for which the organisation is responsible.
Note 2 Under subregulation 42.040 (2), a contract between the registered operator of an aircraft that is authorised to operate under an AOC, other than an air transport AOC, and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
Note 3 Under subregulation 42.040 (3), a contract between the registered operator of a large aircraft that is not authorised to operate under an AOC and a continuing airworthiness management organisation must provide that the organisation is to ensure that all of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
Note 4 Under regulation 42.045, a contract between the registered operator of a small aircraft that is not authorised to operate under an AOC may provide that the organisation is to ensure that 1 or more of the requirements mentioned in Divisions 42.C.2, 42.C.3 and 42.C.4 are met for the aircraft.
(2)If subregulation (1) does not apply, the person responsible for continuing airworthiness for an aircraft is the registered operator of the aircraft.
Division 42.C.2 Continuing airworthiness management tasks
42.110 Complying with regulations in this Division
(1)The person responsible for continuing airworthiness for an aircraft must comply with each of regulations 42.115 to 42.165 in relation to the aircraft.
Penalty: 50 penalty units.
(2)An offence against subregulation (1) in relation to any of regulations 42.120 to 42.165 is an offence of strict liability.
42.115 Rectification of defect to aircraft before flight — all aircraft
(1)If:
(a)the person responsible for continuing airworthiness for an aircraft becomes aware that there is a defect in the aircraft; and
(b)operation of the aircraft for a flight with the defect is not permitted by:
(i)the minimum equipment list for the aircraft; or
(ii) the configuration deviation list for the aircraft; or
(iii)a special flight permit for the flight; and
(c)rectification of the defect is not deferred in accordance with Subdivision 42.D.6.1;
the person must ensure that the defect is rectified before the aircraft is next operated for flight.
(2)This regulation does not apply in relation to a defect in an item of operational or emergency equipment that:
(a)is fitted to the aircraft; and
(b)is not required by the certification basis for the aircraft; and
(c)is not required by or under these Regulations for operation of the aircraft for the flight.
Note for paragraph (c) See Part 90 and the Part 90 Manual of Standards, regulation 207 of CAR and Civil Aviation Order 20.4, Civil Aviation Order 20.11 and Civil Aviation Order 20.18.
Note 1 See also Division 42.D.6 for other requirements relating to defects.
Note 2 Under regulation 42.110, failure to comply with this regulation is an offence.
42.120 Compliance with airworthiness directives — all aircraft
If:
(a)an airworthiness directive applies to:
(i)an aircraft; or
(ii)an aeronautical product that is part of, or used in, an aircraft; and
(b)the aircraft or aeronautical product is not excluded from the operation of the airworthiness directive under paragraph 39.004 (2) (b) or (3) (b);
the person responsible for continuing airworthiness for the aircraft must ensure that the requirements mentioned in paragraph 39.002 (b), (c) or (d) are complied with in relation to the aircraft or aeronautical product.
Note 1 Paragraph 39.002 (b) refers to the requirements of an airworthiness directive, and paragraphs 39.002 (c) and (d) refer to the requirements of a means of compliance with the airworthiness directive approved by CASA or an NAA. An airworthiness directive, and a means of compliance with the airworthiness directive approved by CASA or an NAA, will specify when the action required by the airworthiness directive or means of compliance must be carried out.
Note 2 Under regulation 42.110, failure to comply with this regulation is an offence.
(i)has a maximum take‑off weight of more than 5 700 kg; and
(ii)is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b) (ii) of the definition of small aircraft; or
(b)an aeroplane that:
(i)has a maximum take‑off weight of not more than 5 700 kg; and
(ii)is of a type and model specified in the Part 42 Manual of Standards as a large aircraft; or
(c)a helicopter that:
(i)has more than 1 engine; and
(ii)is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d) (ii) of the definition of small aircraft; or
(d)a helicopter that:
(i)has only 1 engine; and
(ii)is of a type and model specified in the Part 42 Manual of Standards as a large aircraft.
line maintenance, for a Part 145 organisation, means maintenance on an aircraft that CASA has approved in the organisation’s exposition as being line maintenance for the organisation.
maintenance certification means a certification performed under Division 42.H.2.
maintenance data has the meaning given by clause 15.
maintenance services means the following:
(a)carrying out maintenance on an aircraft or an aeronautical product;
(b)performing maintenance certification for maintenance carried out on an aircraft;
(c)issuing a certificate of release to service for an aircraft or aeronautical product in relation to maintenance carried out on the aircraft or aeronautical product.
maintenance services subcontractor, for an approved maintenance organisation, has the meaning given by clause 20.
maintenance training means category training or aircraft type training.
maintenance training organisation means a person who holds an approval under regulation 147.030 that is in force.
Part 66 Manual of Standards means the Manual of Standards issued by CASA under regulation 66.015.
Part 145 Manual of Standards means the Manual of Standards issued by CASA under regulation 145.015.
Part 147 Manual of Standards means the Manual of Standards issued by CASA under regulation 147.015.
permitted aircraft type means an aircraft type, within the meaning given by subregulation 66.010 (1), specified in the Part 66 Manual of Standards as one for which an approved maintenance organisation may arrange for the manufacturer of the aircraft or the aircraft engine to provide training and assessment.
permitted training means:
(a)training and assessment for an aircraft type, within the meaning given by subregulation 66.010 (1), aircraft system or subset of an aircraft system specified in the Part 66 Manual of Standards as one for which a Part 145 organisation may provide training and assessment; or
(b)training and assessment for a permitted aircraft type.
provides has the meaning given by clause 25.
rating means an authorisation granted under regulation 66.080, being a permission:
(a)to perform maintenance certification, under a category B1 or B2 licence, for maintenance carried out on a particular type rated aircraft type; or
(b)to issue a certificate of release to service, under a category B1, B2, or C licence, for an aircraft of a particular type rated aircraft type in relation to maintenance carried out on the aircraft.
recognised State means a foreign country specified as a recognised State in the Part 66 Manual of Standards.
small aircraft means:
(a)an aeroplane that:
(i)has a maximum take‑off weight of not more than 5 700 kg; and
(ii)is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (b) (ii) of the definition of large aircraft; or
(b)an aeroplane that:
(i)has a maximum take‑off weight of more than 5 700 kg; and
(ii)is of a type and model specified in the Part 42 Manual of Standards as a small aircraft; or
(c)a helicopter that:
(i)has only 1 engine; and
(ii)is not of a type and model specified in the Part 42 Manual of Standards for subparagraph (d) (ii) of the definition of large aircraft; or
(d)a helicopter that:
(i)has more than 1 engine; and
(ii)is of a type and model specified in the Part 42 Manual of Standards as a small aircraft.
specialist maintenance means:
(a)for a Subpart 42.F organisation:
(i)maintenance specified in the Part 42 Manual of Standards as specialist maintenance; and
(ii)maintenance that CASA has approved in the organisation’s exposition as being specialist maintenance for the organisation; and
(b)for a Part 145 organisation:
(i)maintenance specified in the Part 145 Manual of Standards as specialist maintenance; and
(ii)maintenance that CASA has approved in the organisation’s exposition as being specialist maintenance for the organisation.
Subpart 42.F organisation means a person who holds an approval under regulation 42.515 that is in force.
supervising, in relation to maintenance being carried out, has the meaning given by clause 30.
type rated aircraft type, for an aircraft engineer licence, means an aircraft type, within the meaning given by subregulation 66.010 (1), specified in the Part 66 Manual of Standards as a type rated aircraft type for the licence.
unit of competency means a unit of the Australian Quality Training Framework Aeroskills Training Package, as in force from time to time.
-
Definitions relating to carrying out maintenance
Meaning of carrying out maintenance on an aircraft
(1)A reference to carrying out maintenance on an aircraft includes:
(a)carrying out maintenance on an aeronautical product that is fitted to the aircraft at the time the maintenance is carried out; and
(b)carrying out maintenance on an aeronautical product that is not fitted to the aircraft at the time the maintenance is carried out, in the circumstances mentioned in subclause (3) or (4).
Meaning of carrying out maintenance on an aeronautical product
(2)A reference to carrying out maintenance on an aeronautical product is a reference to carrying out maintenance on an aeronautical product that is not fitted to an aircraft at the time the maintenance is carried out, other than in the circumstances mentioned in subclause (3) or (4).
(3)The circumstances are that:
(a)the aeronautical product (the removed product) is removed from a location on the aircraft; and
(b)the removal of the removed product is permitted, by the maintenance data for maintenance to be carried out on the removed product, for the purpose of improving access for the carrying out of maintenance on that product; and
(c)the removed product is returned to the same location on the aircraft at the completion of the maintenance for which it was removed.
(4)The circumstances are that:
(a)the aeronautical product (the removed product) is removed from a location on the aircraft; and
(b)the removal of the removed product is for the purpose of carrying out maintenance that is necessary to rectify a defect in the removed product; and
(c)the maintenance data for the maintenance does not require the use of specified tools or equipment for carrying out the maintenance; and
(d)the removed product is returned to the same location on the aircraft at the completion of the maintenance; and
(e)the serviceability of the removed product can be tested, using an aircraft system, after the removed product is returned to the aircraft.
Carrying out of maintenance by approved maintenance organisations
(5)An approved maintenance organisation carries out maintenance if the maintenance is carried out on the organisation’s behalf by an individual.
-
Meaning of instructions for continuing airworthiness
(1)Instructions for continuing airworthiness, for an aircraft or aeronautical product, means written instructions, as in force from time to time:
(a)that specify requirements, procedures and standards for the continuing airworthiness of the aircraft or aeronautical product; and
(b)that are:
(i)issued by any of the persons mentioned in subclause (2); or
(ii)for an aircraft or aeronautical product for which there is a design for a modification or repair that is taken to have been approved under subregulation 21.465 or 21.470 — included, or referred to, in the document that contains the design.
(2)The persons are the following:
(a)the holder of the type certificate, foreign type certificate, supplemental type certificate or foreign supplemental type certificate for the aircraft or aeronautical product;
(b)the holder of a modification/repair design approval for the design of a modification of, or a repair to, the aircraft or aeronautical product;
(c)the manufacturer of the aircraft or aeronautical product.
-
Meaning of maintenance data
(1)Subject to subclauses (2), (3) and (4), maintenance data, for maintenance to be carried out on an aircraft or aeronautical product, means procedures for carrying out the maintenance, as in force from time to time, that are mentioned in:
(a)the instructions for continuing airworthiness for the aircraft or aeronautical product; or
(b)if the instructions for continuing airworthiness do not include procedures for carrying out the maintenance — an aviation industry standard that applies to the maintenance.
(2)Subject to subclauses (3) and (4), if, at a particular time:
(a)a Part 145 organisation is carrying out maintenance on an aircraft or aeronautical product; and
(b)the organisation has written a procedure for carrying out the maintenance;
then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the organisation.
(3)Subject to subclause (4), if, at a particular time:
(a)a continuing airworthiness management organisation is providing continuing airworthiness services for an aircraft; and
(b)the organisation has written a procedure for carrying out the maintenance on the aircraft or on an aeronautical product fitted to the aircraft;
then, at that time, the procedure written by the organisation is the maintenance data for the maintenance for the aircraft or aeronautical product.
(4)If, at a particular time, an airworthiness directive that applies to an aircraft or aeronautical product mentions a procedure for carrying out the maintenance, then, at that time, the procedure in the airworthiness directive is the maintenance data for the maintenance.
-
Meaning of maintenance services subcontractor
(1)A person is a maintenance services subcontractor in relation to an approved maintenance organisation if the person is a party to a written contract with the organisation to provide maintenance services on behalf of the organisation.
(2)An employee of a maintenance services subcontractor under subregulation (1) is also a maintenance services subcontractor.
-
Meaning of provides
An organisation provides any of the following services or training if its employees provide the service or training for or on behalf of the organisation:
(a)maintenance services;
(b)permitted training;
(c)continuing airworthiness management services;
(d)maintenance training.
-
Meaning of supervising
A person (the supervisor) is supervising the carrying out of maintenance done by another person if the supervisor:
(a)is physically present at the place that the maintenance is being carried out; and
(b)is observing the maintenance being carried out to the extent necessary to enable the supervisor to form an opinion as to whether the maintenance is being carried out properly; and
(c)is available to give advice to, and answer questions about the maintenance from, the person carrying it out.
Schedule 2 Amendments of Civil Aviation Regulations 1988 commencing on 27 June 2011
(regulation 4)
[1] Subregulation 2 (1), definition of AA
omit
[2] Subregulation 2 (1), definition of Aeronautical Information Publications or AIP
omit
Air Services Regulations.
insert
Air Services Regulations 1995.
[3] Subregulation 2 (1), definition of aircraft maintenance engineer licence
omit
[4] Subregulation 2 (1), definition of approved
omit
[5] Subregulation 2 (1), definition of approved system of maintenance
substitute
approved system of maintenance, for an Australian aircraft, means a system of maintenance for the aircraft that has been approved under regulation 42M, including any changes to the program that have been approved under regulation 42R.
[6] Subregulation 2 (1), definition of authorised person
after
a provision
insert
of CAR
[7] Subregulation 2 (1), definition of engage in conduct
omit
[8] Subregulation 2 (1), definition of maintenance
omit
[9] Subregulation 2 (1), definition of major defect
omit
[10] Subregulation 2 (1), definition of the Act
omit
[11] Subregulation 2 (1), definition of time-in-service
omit
[12] Subregulation 2 (1), definition of TSO
omit
[13] Subregulation 2 (2D)
omit
these regulations,
insert
CAR,
[14] Subregulation 2C (1)
omit
these regulations.
insert
CAR.
[15] Subregulation 2C (2)
omit
these regulations
insert
CAR
[16] Subregulation 30 (1)
substitute
(1)Subject to subregulation (1A), a person engaged, or intending to engage, in any stage of design, distribution or maintenance of aircraft, aircraft components or aircraft materials may apply to CASA for a certificate of approval in respect of those activities.
(1A)On or after 27 June 2013, a person may make an application under subregulation (1) in relation to the maintenance of an aircraft or an aeronautical product only if Part 42 of CASR does not apply to the aircraft or aeronautical product.
[17] Regulations 31, 31A, 31B, 31C and 31D
omit
[18] Regulation 32
substitute
-
Period during which certificates of approval remain in force
CASA may specify in a certificate of approval the period during which the certificate is to remain in force.
[19] Regulations 32A and 32B
omit
[20] Regulation 33
omit each mention of
an aircraft maintenance engineer licence,
[21] Subparagraph 42ZC (3) (a) (i)
substitute
(i)holds:
(A)an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or
(B)an airworthiness authority or an aircraft welding authority covering the maintenance; and
[22] Subparagraph 42ZC (3) (b) (ii)
omit
an aircraft maintenance engineer licence covering the maintenance
insert
an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance,
[23] Subparagraphs 42ZC (4) (a) (i) and (b) (i)
substitute
(i)holds:
(A)an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; or
(B)an airworthiness authority or an aircraft welding authority covering the maintenance; and
[24] Sub-subparagraph 42ZC (4) (b) (ii) (B)
substitute
(B)is employed by a person mentioned in subparagraph (i); or
[25] Subparagraph 42ZC (4) (c) (i)
substitute
(i)holds an aircraft engineer licence that permits him or her to perform maintenance certification for the maintenance; and
[26] Subregulation 42ZC (9)
omit
[27] Subregulation 42ZE (2)
omit
aircraft maintenance engineer licence
insert
aircraft engineer licence
[28] Paragraph 49 (1) (d)
substitute
(d)a person who is permitted by regulation 42ZC or 42ZD to carry out maintenance on the aircraft.
[29] Subparagraph 230 (3) (a) (i)
substitute
(i)holds:
(A)an aircraft engineer licence that permits him or her to perform maintenance certification for maintenance carried out on the engine; or
(B)an airworthiness authority covering the maintenance; and
[30] Subregulation 230 (7)
substitute
(7)In this regulation:
maintenance training means:
(a)training for the purpose of obtaining a qualification to carry out maintenance on aircraft; or
(b)maintenance training, within the meaning given by Part 3 of the CASR Dictionary.
[31] Subregulation 262AQ (2)
after
aircraft
insert
of a particular kind
[32] Paragraph 262AQ (2) (a)
substitute
(a)if it is maintained by:
(i)the holder of an aircraft engineer licence; or
(ii)the holder of a certificate of approval that covers maintenance for aircraft of that kind; or
(iii)an approved maintenance organisation, within the meaning given by Part 3 of the CASR Dictionary, that is approved to provide maintenance services for aircraft of that kind; and
[33] Subregulation 262AQ (3)
omit
a primary category aircraft that is not maintained by a LAME or an approved maintenance organisation
insert
a primary category aircraft, of a particular type and model, that is not maintained by a person mentioned in paragraph (2) (a)
[34] Paragraphs 262AQ (3) (a) and (b)
substitute
(a)the aircraft is maintained by the pilot‑owner of the aircraft under a special inspection and preventive maintenance program that is part of the aircraft’s type design or supplemental type design; and
(b)the pilot‑owner of the aircraft holds a certificate of competency issued under paragraph 21.163 (2) (b) of CASR for that type and model of aircraft; and
[35] Subregulation 262AR (2)
after
aircraft
insert
of a particular kind
[36] Paragraph 262AR (2) (a)
substitute
(a)if it is maintained by:
(i)the holder of an aircraft engineer licence; or
(ii)the holder of a certificate of approval that covers maintenance for aircraft of that kind; or
(iii)an approved maintenance organisation, within the meaning given by Part 3 of the CASR Dictionary, that is approved to provide maintenance services for aircraft of that kind; and
[37] Subregulation 262AR (3)
omit
an intermediate category aircraft that is not maintained by a LAME or an approved maintenance organisation
insert
an intermediate category aircraft, of a particular type and model, that is not maintained by a person mentioned in paragraph (2) (a)
[38] Paragraphs 262AR (3) (a) and (b)
substitute
(a)the aircraft is maintained by the pilot‑owner of the aircraft under a special inspection and preventive maintenance program that is part of the aircraft’s type design or supplemental type design; and
(b)the pilot‑owner of the aircraft holds a certificate of competency issued under paragraph 21.163 (4) (b) of CASR for that type and model of aircraft; and
[39] Part 16, heading
substitute
Part 16 Refusal to grant, and suspension and cancellation of, approvals, authorities, certificates and licences
[40] Subregulation 263 (1), before definition of authority
insert
approval means an approval issued under regulation 145.030 or 147.030 of CASR.
[41] Subregulation 263 (1), definition of licence, paragraph (a)
substitute
(a)an aircraft engineer licence; or
[42] Subregulation 264 (3)
before
a flight crew licence,
insert
an aircraft engineer licence,
[43] Paragraph 265 (1) (a)
omit
33,
[44] Regulation 267, heading
substitute
-
Variation of authority, certificate or licence at request of holder
[45] Regulation 269, heading
substitute
-
Variation, suspension or cancellation of approval, authority, certificate or licence
[46] Subregulation 269 (1)
omit
a licence or certificate or an authority, vary, suspend or cancel the licence, certificate or authority where
insert
an approval, authority, certificate or licence (an authorisation), vary, suspend or cancel the authorisation if
[47] Paragraph 269 (1) (b)
omit
such a licence or certificate or an authority;
insert
such an authorisation;
[48] Paragraph 269 (1) (d)
omit
such a licence or certificate or an authority; or
insert
such an authorisation;
[49] Subregulation 269 (1A)
omit
a licence, certificate or authority
insert
an authorisation
[50] Subregulation 269 (3)
omit
a licence or certificate or an authority, CASA shall:
substitute
an authorisation, CASA must:
[51] Regulation 270, heading
substitute
-
Effect of effluxion of time for suspension of approval, authority, certificate or licence
[52] Subregulation 270 (1)
omit
a licence or certificate or an authority
insert
an approval, authority, certificate or licence (an authorisation)
[53] Subregulation 270 (2)
omit
a licence or certificate or an authority
insert
an authorisation
[54] Regulation 272A, heading
substitute
272AEffect of cancellation of approval, authority, certificate or licence
[55] Regulation 272A
omit
a licence or certificate or an authority,
insert
an approval, authority, certificate or licence (an authorisation),
[56] Part 20, heading
substitute
Part 20 Transitional provisions
Division 1 Transitionalprovisions— miscellaneous
[57] After regulation 325
insert
Division 2 Transitional provisions relating to Parts 42, 66, 145 and 147 of CASR (commencing on 27 June 2011)
-
Certain applications under regulation 145.025 of CASR taken also to be applications under regulation 30
(1)If:
(a)a person makes an application under regulation 145.025 of CASR for approval as a Part 145 organisation; and
(b)the application seeks an approval rating for a kind of aircraft for which the applicant proposes to provide maintenance services; and
(c)the person does not hold a certificate of approval covering maintenance for that kind of aircraft;
the application is taken also to be an application made under regulation 30 for a certificate of approval covering maintenance for that kind of aircraft.
(2)If:
(a)a person makes an application under regulation 145.025 of CASR for approval as a Part 145 organisation; and
(b)the application seeks an approval rating for a kind of aeronautical product for which the applicant proposes to provide maintenance services; and
(c)the person does not hold a certificate of approval covering maintenance for an aircraft component that is an aeronautical product of that kind;
the application is taken also to be an application made under regulation 30 for a certificate of approval covering maintenance for an aircraft component of that kind.
-
Continuation in force of certificates of approval for training for aircraft maintenance engineer licences
(1)This regulation applies to a certificate of approval in respect of the training of candidates for, or the conducting of, examinations referred to in paragraph 31 (4) (e) (as in force before 27 June 2011), that was in force immediately before 27 June 2011.
(2)Despite the amendment of subregulation 30 (1) that commenced on 27 June 2011, the certificate continues in force according to its terms until the earlier of the following:
(a)the date that the certificate ceases to be valid (according to the terms of the certificate);
(b)the end of 26 June 2013.
-
Application of Divisions 2 and 3 of Part 4A to aircraft
On and after 27 June 2011, Divisions 2 and 3 of Part 4A do not apply to an aircraft to which Part 42 of CASR applies.
-
Application of Divisions 7 to 11 of Part 4A to aircraft
On and after 27 June 2011, Divisions 7 to 11 of Part 4A do not apply to an aircraft:
(a)to which Part 42 of CASR applies; and
(b)for which maintenance services are being provided by a Part 145 organisation.
-
Application of Part 4B to aircraft
Subject to regulation 331, on and after 27 June 2011, Part 4B does not apply to an aircraft:
(a)to which Part 42 of CASR applies; and
(b)for which maintenance services are being provided by a Part 145 organisation.
-
Application of Part 4B to Part 145 organisations — dealing with defects
If:
(a)a person who is the holder of a certificate of approval that covers maintenance for an aircraft makes a report to CASA under regulation 51, 51A or 52 in relation to a defect in the aircraft; and
(b)after making the report, the person becomes a Part 145 organisation;
Part 4B continues to apply to the person in relation to the defect.
-
Application of regulation 133 to aircraft
On and after 27 June 2011, paragraphs 133 (1) (c) and (d) do not apply to an aircraft to which Part 42 of CASR applies.
[58] Schedule 6, clause 1.3
omit
an aircraft maintenance engineer licence
insert
an aircraft engineer licence
[59] Further amendments — authorisations
Regulations 269, 270 and 272A are amended by omitting each reference to ‘the licence, certificate or authority’ and inserting ‘the authorisation’.
Schedule 3 Amendments of Civil Aviation Regulations 1988 commencing on 27 June 2013
(regulation 4)
[1] Subparagraphs 30 (2C) (c) (x) and (xi)
omit
[2] Paragraph 33B (1) (c)
omit
Note
-
All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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