Explanatory Statement
Civil Aviation Order 100.95
Amendment of instrument CASA 290/06 — Specification – examinations for aircraft maintenance engineer licence category instruments
Legislation
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and the safety of air navigation.
CASA issues aircraft maintenance engineer licences (AME licences) under regulation 31 of the Civil Aviation Regulations 1988 (CAR 1988). Licences are endorsed with 1 or more work categories which describe the areas in which the privileges of the licence may be exercised. These categories are airframes, engines, radio, electrical and instruments.
Under regulation 31B of CAR 1988, the privileges conferred by an AME licence for a particular category are further refined by means of ratings which are also endorsed on the licence. The Civil Aviation Orders (CAOs) may specify ratings and the maintenance activities covered by them, for example, 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.
Only a qualified person may apply to CASA for the issue of an AME licence. A qualified person means a person who has passed the required examinations. Under subregulation 5 (1) of CAR 1988, the required examinations may be prescribed in CAOs.
Under regulation 31C of CAR 1988, examinations for particular ratings may be prescribed in CAOs. Under subsection 6 of CAO 100.95, for the grant of a licence, or the endorsement of a rating, applicants must pass the relevant examinations specified by CASA.
Specification
Specification – examinations for aircraft maintenance engineer licence category instruments (the Specification) 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.
As explained and applied by a series of provisions in Schedule 1 of the Specification, the table in Schedule 1 lists the relevant examinations by reference to the core subjects, specific group subjects and specific aircraft type examinations. All core subjects are generally mandatory. Specific group subjects are required depending on the rating which a person seeks to have endorsed on the licence. 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.
Aviation Australia
Aviation Australia Pty Ltd (Aviation Australia) is an Australian proprietary company incorporated in Queensland with shares held on behalf of the State. The shareholder of Aviation Australia is the Minister for Education and Training, in trust, on behalf of the State of Queensland, and the Minister appoints the Board of Directors. Through the Aviation Australia Advisory Forum, Aviation Australia consults with the aviation industry in developing Aviation Australia’s programs.
Aviation Australia is a recognised organisation for the training and examination of candidates wishing to qualify for maintenance authorities (MAs) under CAO 100.66. Among the mandatory courses required for an MA is Module 10, Aviation Legislation, in Part 3, Appendix 4 of CAO 100.66. This course involves detailed training and examination in the Australian aviation regulatory framework for a wide range of relevant activities, including aircraft maintenance certification, type certification, commercial responsibilities, airworthiness and equipment requirements, and associated documentation requirements.
Specification Amendment — Airworthiness Administration
One of the core subjects required for an AME licence under the Specification is Airworthiness Administration (code AA), a course in which the examination is similar to, though not quite as exacting as, Module 10. Currently, an MA holder who has successfully completed Module 10 and who wishes to qualify as an AME holder must also pass the examination in Airworthiness Administration because under the Specification no credit is recognised for Module 10.
Aviation Australia has developed its Module 10 course for MA candidates in such a way that CASA is satisfied that it offers an even more effective method of training and examination in the subject matters of Airworthiness Administration. Other recognised organisations may also achieve this outcome.
To recognise this, CASA has amended section 4 of the Specification to provide an AME candidate with a credit for Airworthiness Administration if the candidate has knowledge of Module 10, Aviation Legislation, in Part 3, Appendix 4 of CAO 100.66, and has demonstrated the knowledge by successful examination for clause 13 of CAO 100.66, and his or her knowledge training and examination were conducted by a recognised organisation under CAO 100.66 that is specifically approved in writing for this purpose.
CASA approval is dependent on CASA’s satisfaction that, through Module 10, the recognised organisation can train and examine in the comprehensive specifics of Airworthiness Administration for a licence group. This is the case for Aviation Australian and a separate approval instrument will be issued for that organisation as a result of the Specification Amendment.
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, the Specification, and any Specification Amendment 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.
Regulation Impact Statement (RIS)
The amendment benefits Aviation Australia, and relevant AME candidates, and will not increase costs for, or impose any additional requirements on, the aviation industry. Therefore, the Office of Best Practice Regulation (OBPR) does not require a RIS for the Specification amendment because a preliminary assessment of the business compliance costs indicates that the Specification amendment will have only a nil to low impact on business.
Consultation, making and commencement
Consultation under section 17 of the LIA has not been undertaken in this case other than with Aviation Australia. The new examination credit that is being introduced is beneficial to both Aviation Australia, and relevant AME candidates. The instrument comes into effect at the start of the day after it is registered. It has been made by the Deputy Director of Aviation Safety, a delegate of CASA under regulation 7 of CAR 1988.
[Instrument number CASA 551/09]