CASA 206/14 - Specification — examinations for aircraft maintenance engineer licence category instruments

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Legislation au F2014L01163 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Order 100.95

Specification – examinations for aircraft maintenance engineer licence category instruments

 

Legislation

Section 98 of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the Act and the safety of air navigation.

 

Prior to the commencement on 27 June 2011 of Part 66 – Continuing airworthiness – aircraft engineer licences and ratings of the Civil Aviation Safety Regulations 1998 (CASR 1998) (CASA’s current aircraft maintenance engineer licensing system), CASA issued aircraft maintenance engineer licences (AME licences) under regulation 31 of the Civil Aviation Regulations 1988 (CAR 1988). These licences were endorsed with 1 or more maintenance categories which described the areas in which the privileges of the licence could be exercised. These categories were airframes, engines, radio, electrical and instruments.

 

Under regulation 31B of CAR 1988, the privileges conferred by an AME licence for a particular category were further refined by means of ratings which were also endorsed on the licence. In addition, Civil Aviation Orders (the CAOs) specified ratings and the maintenance activities covered by them, for example, Civil Aviation Order (CAO) 100.91 for the category airframes, CAO 100.92 for the category engines, CAO 100.93 for the category radio, CAO 100.94 for the category electrical, and CAO 100.95 for the category instruments.

 

Under regulation 31 of CAR 1988, only a qualified person could apply to CASA for the issue of an AME licence. A qualified person meant a person who passed the required examinations. Under subregulation 5 (1A) of CAR 1988, the required examinations could be prescribed in the CAOs.

 

Under regulation 31C of CAR 1988, examinations for particular ratings could be prescribed in the CAOs. Under subsection 6 of CAO 100.95, for the grant of a licence, or the endorsement of a rating in the category instruments, applicants must pass the relevant examinations specified by CASA. CASA 206/14 is the instrument that specifies the relevant examinations.

 

Regulations 31, 31B and 31C of CAR 1988 were repealed by the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1) (SLI No 328 of 2010) on 27 June 2011. However, regulation 202.344 of CASR 1998 is a transitional provision that keeps the operation of these provisions effective, as if in force immediately before 27 June 2011, effectively allowing an individual to apply for a Part 66 licence using the CAR 31 licensing examination system until the end of 26 June 2015.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Instrument

The instrument contains the operative provisions for examinations for an AME licence in the instruments category and the examinations for the endorsement of ratings on the licence. The instrument repeals CASA 290/06 as amended (also known as F2010C00104) and remakes the instrument with substantially similar content, with an amendment to subclause 4 (1A) of the instrument to reference the Part 66 Manual of Standards (MOS) of CASR 1998, for demonstration of knowledge during an examination conducted by a Maintenance Training Organisation. The previous references to CAO 100.66 (which has been repealed) have been amended to refer to the Part 66 MOS, which superseded and repealed CAO 100.66. For the avoidance of doubt, CASA 290/06 (also known as F2006L03277) is also repealed.

 

As explained and applied by a series of provisions in Schedule 1 of the instrument, Table 1 in Schedule 1 specifies the relevant examinations by reference to the core subjects, specific group subjects and specific aircraft type examinations. All core subjects are mandatory with additional mandatory subjects for a specific aircraft type for licence groups 1, 3, 5, 7, 8, 9, 10 and 20. Specific aircraft type examinations are required if the person seeks a rating for that specific aircraft type.

 

The provisions in clause 4 of Schedule 1 describe the examination credits that may be available to an applicant, and provide for certain written or oral examinations to be waived if conditions are met.

 

Legislative Instruments Act

Under subsection 5 (1) of the Legislative Instruments Act 2003 (the LIA), if an instrument is of a legislative character and made in the exercise of a power delegated by the Parliament, it is a legislative instrument for the purposes of the LIA. Because of its prescriptive character in setting out the examination requirements, the instrument is considered to be a legislative instrument and is, therefore, subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.

 

Consultation

The amendment to subclause 4 (1A) is of a minor and machinery nature. It is CASA’s view that it is not necessary or appropriate to undertake any further consultation under section 17 of the LIA.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Office of Best Practice Regulation (OBPR)

The repeal of CASA 290/06 and its remaking with a minor amendment does not alter the existing examination arrangements with industry. Like CASA 290/06, this instrument allows for examination credit that is beneficial to relevant licence candidates, and does not impose regulatory compliance costs. OBPR previously conducted an assessment of CASA 290/06 when it was proposed to be introduced and advised that a Regulation Impact Statement would not be required since it would have a nil to low impact on business. CASA 206/14 operates identically to CASA 290/06.

 

Making and commencement

The repeal instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act and under subsection 6 of CAO 100.95.

 

The instrument commences on the day after registration.

 

[Instrument number CASA 206/14]

Attachment 1

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Specification — examinations for aircraft maintenance engineer licence category instruments

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

This instrument specifies the examination requirements for candidates seeking to hold a maintenance engineer licence for the category instruments. Table 1 in Schedule 1 specifies the relevant examinations by reference to the core subjects, specific group subjects and specific aircraft type examinations.

 

The instrument has a beneficial effect to industry, allowing for examination credits and waivers where requirements have been met.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Civil Aviation Safety Authority

Overview

The Civil Aviation Order 100.95, Specification – examinations for aircraft maintenance engineer licence category instruments, was introduced to specify the examination requirements for candidates seeking an aircraft maintenance engineer (AME) licence in the instruments category. Enacted in 2014 by the Civil Aviation Safety Authority (CASA), this legislative instrument operates under the authority of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for aviation safety. The primary objective of this regulation is to ensure that candidates possess the requisite knowledge and skills to maintain and repair aircraft instruments safely and effectively. By detailing the examinations required for both the licence and specific ratings, the regulation supports the overarching goal of maintaining high safety standards in civil aviation. The instrument also facilitates the awarding of examination credits and waivers under certain conditions, thereby providing flexibility and efficiency in the licensing process for industry professionals.

Scope and Application

The Civil Aviation Order 100.95 pertains to the specifications of examinations required for candidates seeking an Aircraft Maintenance Engineer (AME) licence in the category of instruments, and for the endorsement of ratings on such a licence. This order applies to individuals who intend to apply for or already hold an AME licence in the instruments category, specifically those who aim to perform maintenance activities on instruments within civil aviation. The order operates under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that the qualifications and competencies of AMEs meet the necessary safety standards. It sets forth the examination requirements and credit provisions that applicants must meet, as detailed in Table 1 of Schedule 1, which outlines core subjects, specific group subjects, and specific aircraft type examinations. The order ensures that these examinations are conducted in accordance with the Part 66 Manual of Standards of the Civil Aviation Safety Regulations 1998. The instrument is a legislative instrument under the Legislative Instruments Act 2003, necessitating its tabling and disallowance in the Parliament. This order does not introduce significant regulatory burdens or costs and allows for examination credits and waivers where conditions are met, thereby benefiting industry participants.

Key Provisions

The Civil Aviation Order (CAO) 100.95 specifies the examination requirements for individuals seeking to obtain an aircraft maintenance engineer (AME) licence in the instruments category. The primary sections of this instrument outline the mandatory and additional subjects for core and specific aircraft type examinations. Table 1 in Schedule 1 identifies these subjects, ensuring that candidates are comprehensively tested on the knowledge necessary for their roles. The instrument also details examination credits that can be applied under certain conditions, as well as provisions for waiving specific written or oral examinations (Section 4). Under CAO 100.95, the obligations placed on applicants include passing the specified examinations, which encompass core subjects that are mandatory for all candidates, as well as additional subjects required for particular aircraft types and licence groups (Schedule 1, Table 1). The examinations must be conducted in accordance with the Part 66 Manual of Standards (MOS) of the Civil Aviation Safety Regulations 1998 (CASR 1998), ensuring a standardised and rigorous assessment process (Clause 4(1A)). Additionally, applicants must demonstrate knowledge and skills that meet the standards set out in the MOS, which governs the training and assessment requirements for AME licences. Failure to comply with the examination requirements or any fraudulent activities related to the examinations can result in severe consequences. While specific penalties are not detailed in the CAO 100.95, violations of civil aviation regulations generally can lead to fines, imprisonment, or both, depending on the severity of the breach. The Civil Aviation Act 1988 and CASR 1998 provide the framework for imposing these penalties, ensuring that the integrity and safety of air navigation are upheld. The legislative instrument is considered a legislative instrument under the Legislative Instruments Act 2003, subject to parliamentary scrutiny and disallowance if necessary. The CAO 100.95 also addresses the compatibility of its provisions with human rights, as outlined in the Statement of Compatibility with Human Rights attached to the instrument. The statement confirms that the requirements set forth in the CAO do not infringe upon any human rights and freedoms recognised under international instruments. This ensures that the regulatory framework for AME licensing remains fair and just, without compromising the safety standards essential for the aviation industry. The instrument's approach to examinations and licensing is designed to benefit both the industry and the public by maintaining high standards of competency and safety.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.