Civil Aviation Regulations (Amendment) (Cth)

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Statutory Rules 1991 No. 4261

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Civil Aviation Regulations2 (Amendment)

I, THE 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 12 December 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister of State for Shipping and Aviation Support

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1. Commencement

1.1 Regulations 6, 7 and 8 commence on 1 January 1992.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48.]

2. Amendment

2.1 The Civil Aviation Regulations are amended as set out in these Regulations.

3. Regulation 31 (Aircraft maintenance engineer licences)

3.1 Subregulation 31 (1):

Omit the subregulation, substitute:

“(1) A qualified person may apply to the Authority for the issue of an aircraft maintenance engineer licence in one or more of the following categories:

(a) airframes;

(b) engines;

(c) radio systems;

(d) electrical systems;

(e) instruments.

“(1a) The Authority may issue to the person a licence in the category specified in the application.

“(1b) When issuing a licence, the Authority must endorse it with the category in which the licence is issued.”.

3.2 Subregulation 31 (2):

Omit “granting”, substitute “issuing”.

3.3 Subregulation 31 (3):

Omit “granted”, substitute “issued”.

3.4 Paragraphs 31 (4) (a) to (4) (c) (inclusive):

Add at the end “and”.

3.5 Paragraph 31 (4) (c):

After “requires”, insert “and directs in Civil Aviation Orders”.

 

3.6 Subregulation 31 (4):

After paragraph (d), insert:

“(da) satisfies the Authority that he or she possesses sufficient knowledge of the English language to cany out safely the duties required to be performed by a holder of the licence; and”.

3.7 Paragraph 31 (6) (a):

Omit “granted”, substitute “issued”.

4. New regulations 31a, 31b, 31c and 31d

4.1 After regulation 31, insert:

Authority may specify activities relating to categories

“31a. In Civil Aviation Orders, the Authority may specify:

(a) the activities; and

(b) the parts of an aircraft or the aircraft components;

covered by a category referred to in subregulation 31 (1).

Classification of a category into ratings

“31b. In Civil Aviation Orders, the Authority may:

(a) classify a category referred to in subregulation 31 (1) into ratings; and

(b) specify:

(i) the activities; and

(ii) the type or category of aircraft, the parts of an aircraft or the aircraft components;

covered by a rating.

Endorsement of a rating on an aircraft maintenance engineer licence

“31c. When issuing an aircraft maintenance engineer licence to an applicant, the Authority may endorse it with a rating referred to in regulation 31b if the applicant has:

(a) passed the examinations; and

 

(b) produced the evidence of his or her qualifications and practical experience;

that are applicable to the rating, and that the Authority directs in Civil Aviation Orders or otherwise in writing.

Changes to an aircraft maintenance engineer licence

“31d. (1) The holder of an aircraft maintenance engineer licence may, in writing, request the Authority to approve a proposed change to any of the particulars specified in the licence, including the category or rating endorsed on the licence.

“(2) The request must provide details of the proposed change.

“(3) Subject to regulation 32b, the Authority may approve the change by endorsing the change on the licence.

“(4) If the Authority approves the change, the approval takes effect from when the change is endorsed on the licence.”.

5. New regulations 32a and 32b

5.1 After regulation 32, insert:

Renewal of an aircraft maintenance engineer licence

“32a. (1) If a period is specified in an aircraft maintenance engineer licence under regulation 32, the holder of the licence may, before the licence expires, apply to the Authority for renewal of the licence.

“(2) An applicant must return the licence to the Authority.

“(3) Subject to regulation 32b, the Authority may renew the licence by endorsing on the licence the period during which the renewal has effect.

 

Requirements for renewal or change to an aircraft maintenance engineer licence

“32b. An applicant for renewal of an aircraft maintenance engineer licence or approval of a change to a licence must, before the licence is renewed or the change to the licence is approved:

(a) pass the examinations; and

(b) produce the evidence of his or her practical experience and qualifications;

that the Authority directs in Civil Aviation Orders or otherwise in writing.”.

6. Regulation 55 (Interpretation)

6.1 Add at the end:

“(2) If, under this Part, a person is required to hold a licence endorsed with a rating, or grade of rating, then it is sufficient compliance with these Regulations if:

(a) the person holds the appropriate licence; and

(b) the Authority has endorsed the rating, or grade of rating, in the person’s personal log book rather than on the licence.

“(3) In this Part, a reference to a rating endorsed in or on a licence includes a reference to a rating that is endorsed in a personal log book.”.

7. Regulation 66 (Pilot licence to be in respect of types and categories of aircraft)

7.1 Subregulation 66 (2):

Add at the end “or in a personal log book”.

7.2 Subregulation 66 (2a):

Add at the end “or personal log book”.

7.3 Subregulation 66 (3):

Add at the end “or personal log book”.

 

7.4 Subregulation 66 (4):

Omit “licence:”, substitute “licence or personal log book:”.

7.5 Paragraph 66 (4) (b):

After “licence”, insert “or personal log book”.

7.6 Subregulation 66 (5):

Omit “licence shall be”, substitute “licence or personal log book is”.

8. Regulation 68 (Renewal of rating)

8.1 Paragraph 68 (a):

After “licence on”, insert”, or personal log book in,”.

9. Regulation 296 (Time for commencing prosecutions)

9.1 Subregulation 296 (1):

Omit “one year”, substitute “3 years”.

10. Savings

10.1 An aircraft maintenance engineer licence, that was issued under regulation 31 of the Civil Aviation Regulations and in force immediately before the commencement of these Regulations, continues in force after the commencement as if it had been issued under regulation 31 as amended by these Regulations.

10.2 An aircraft maintenance engineer licence to which subregulation

10.1 applies continues in force:

(a) subject to any condition to which it was subject immediately before the commencement of these Regulations; and

(b) until the end of the period specified in the licence.

 

10.3 A Civil Aviation Order that was in force, or purporting to be in force, under regulation 31 of the Civil Aviation Regulations immediately before the commencement of these Regulations, is taken to be valid for all purposes and continues in force after the commencement as if it had been issued under the Civil Aviation Regulations as amended by these Regulations.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

2. Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 Nos. 54, 147, 157, 247, 287, 382, 409 and 410.

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