Civil Aviation Order 100.5 Amendment Instrument 2012 (No. 1) (Cth)

I, JOHN FRANCIS McCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 38 (1) of the Civil Aviation Regulations 1988 (CAR 1988).

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety

31 January 2012

Civil Aviation Order 100.5 Amendment Instrument 2012 (No. 1)

1          Name of instrument

This instrument is the Civil Aviation Order 100.5 Amendment Instrument 2012 (No. 1).

2          Commencement

This instrument commences on the day after registration.

Note For subregulations 38 (2) and 5 (2) of CAR 1988, the instrument was gazetted on the day it commenced.

3          Amendment of Civil Aviation Order 100.5

(1)     Schedule 1 amends Civil Aviation Order 100.5.

(2)     If new subsection 7A is not substituted in Civil Aviation Order 100.5 by amendment number 1 in Schedule 1, then it is deemed to be inserted in Civil Aviation Order 100.5 by this subsection.

Schedule 1          Amendment

[1]       New subsection 7A

substitute

7A       Composite structures maintenance of specified aircraft

7A.1     In this subsection:

CAR 30 maintenance organisation means the holder of a certificate of approval under regulation 30 of CAR 1988 for carrying out maintenance on aircraft, aircraft components or aircraft materials.

CAR 1988 means the Civil Aviation Regulations 1988.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

composite maintenance means maintenance of the composite structures of a composite structure aircraft.

composite structure aircraft means an aircraft of fibre reinforced plastic composite construction.

Group 7 LAME means the holder of an aircraft maintenance engineer licence issued under regulation 31 of CAR 1988 and endorsed with a category airframes Group 7 rating as described in Civil Aviation Order 100.91 (CAO 100.91).

specially qualified person means a person who:

(a)   holds a category B1 licence issued under Part 66 of CASR 1998; and

(b)   is also 1 of the following:

(i)  a person who at any time before 27 June 2011 was a Group 7 LAME, provided that the person’s licence had not been cancelled by CASA; or

Note   The relevant rating may, or may not, have expired, and may, or may not, have been renewed as long as it had once been held and the licence has not been cancelled.

(ii)  a person to whom regulation 202.342 of CASR 1998 applies who would have been a person mentioned in sub-subparagraph (b) (i) but for the suspension of his or her licence on or before 26 June 2011, provided that the suspension has been revoked by CASA; or

(iii) a person for whom CASA determines under regulation 202.343 or 202.344 of CASR 1998 that it would have issued an aircraft maintenance engineer licence under regulation 31 of CAR 1988, endorsed with a category airframes Group 7 rating as described in CAO 100.91; or

(iv)  a person who holds at least 1 of the following:

(A)    AQF qualification MEA405B;

(B)    a Transport Canada AME licence endorsed with an “S” rating;

(C)    a New Zealand AME licence endorsed with an aeroplane Group 4 rating;

(D)    another qualification approved in writing by CASA as an appropriate qualification for performing composite maintenance.

specified aircraft means an aircraft specified in Table 1.

7A.2     Composite maintenance on a specified aircraft must be carried out by:

(a)   a Part 145 organisation; or

(b)   a CAR 30 maintenance organisation.

7A.3     If composite maintenance is carried out on a specified aircraft by a CAR 30 maintenance organisation, the organisation must ensure that only a specially qualified person, employed by the organisation, performs the maintenance.

Note   Apart from the separate privileges of a Part 145 organisation, composite maintenance of a specified aircraft may only be performed by a qualified person employed by a CAR 30 maintenance organisation. Therefore, such maintenance may not be carried out by a person referred to in paragraph 42ZC (4) (b) of CAR 1988, sometimes known as an independent LAME or a LAME employed by an independent LAME.

Table 1 — Specified composite structure aircraft

Aerodesign Pulsar	Extra 300/300S	Quickie Q1/Q2 Series
Buchanan BAC 204	Grob 520 Egrett	Quickie 200
Cirrus SR20/SR22	Grob G115	Rand KR2
CoZ Cosy	Gyroflug SCO1B-160	Rutan Defiant
Diamond DA 40	HOAC DV 20 Katana/ Diamond DA 20A1	Rutan Long Eze
Diamond DA 42	III SkyArrow 650	Rutan Vari Eze
Diamond DV22/DA22	Jabiru LSA	Stoddard Hamilton Glasair Series
Diamond HK-36	Lancair/Columbia Series	Stoddard Hamilton Glastar
Eagle X/XTS Series	Liberty XL2