CASA EX106/09 - Exemption - Hawker Pacific Pty Ltd - certification of maintenance

Overview

The Civil Aviation Regulations 1988, as amended, include provisions that mandate the certification of completed maintenance on aircraft before a maintenance release can be issued. Specifically, subregulation 43(7) of these regulations requires that all necessary maintenance on an aircraft be certified in the aircraft log book or an approved alternative maintenance record. The legislative instrument F2009L04384, issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988, introduces an exemption for a maintenance release issued by Hawker Pacific Pty Ltd from the certification requirement in subregulation 43(7). The exemption allows for the final certification of maintenance to be recorded in the aircraft log book within three working days after the initial certification in Hawker Pacific's worksheets, provided it is done by an authorised person. This exemption aims to streamline the maintenance certification process for Hawker Pacific while ensuring that the final certification is documented in the aircraft log book. The instrument is subject to tabling and disallowance in Parliament under the Legislative Instruments Act 2003, although consultation under the LIA was not undertaken for this particular exemption as it renews a previous instrument that was set to expire.

Scope and Application

The exemption in the Civil Aviation Regulations 1988 (CAR 1988) pertains specifically to maintenance releases issued for aircraft by Hawker Pacific Pty Ltd, a company presumably involved in aircraft maintenance services. This exemption applies to the conduct of maintenance and the certification process for such activities, deviating from the standard requirements outlined in subregulation 43(7) of CAR 1988. According to the exemption, Hawker Pacific is allowed to issue a maintenance release for an aircraft even if the final certification for the completion of maintenance has not yet been recorded in the aircraft log book, provided this certification is entered within three working days. The final certification must be made by an authorised individual from Hawker Pacific, ensuring that all regulatory requirements are eventually met. This exemption is confined to the operations and practices of Hawker Pacific and does not extend to other entities or individuals operating in the aviation maintenance sector. The exemption is subject to the legislative oversight provided by the Legislative Instruments Act 2003, classifying it as a disallowable instrument, which means it can be subject to parliamentary review and disallowance. Despite the renewal of this exemption, consultation as required by section 17 of the Legislative Instruments Act was not undertaken, as it renews a previous exemption (CASA EX01/07) that was set to expire at the end of December 2009. The current exemption, CASA EX106/09, will cease to have effect at the end of 31 December 2011, unless otherwise extended or revoked by the appropriate authorities.

Key Provisions

The Civil Aviation Regulations 1988 (CAR 1988) are subject to a specific exemption outlined in the instrument, F2009L04384. This instrument pertains to the issuance of a maintenance release for aircraft handled by Hawker Pacific Pty Ltd. Under normal circumstances, a maintenance release can only be issued if all required maintenance has been certified in accordance with regulations 42ZE or 42ZN and the certification is recorded in the aircraft log book or an approved alternative maintenance record (Subregulation 43(7) of CAR 1988). However, this exemption allows Hawker Pacific to issue a maintenance release without immediate certification in the aircraft log book, provided that the final certification is entered into the log book within three working days by an authorised person (Subregulation 43(7)(a)). The obligations imposed by this exemption on Hawker Pacific are primarily procedural. They must ensure that the final certification of any maintenance completed is recorded in the aircraft log book within three working days of the initial certification in their worksheets. This certification must be performed by an individual authorised by Hawker Pacific. Additionally, since this exemption is a legislative instrument under the Legislative Instruments Act 2003 (LIA), it must be tabled and is subject to disallowance in Parliament. This means that Hawker Pacific, as well as the Civil Aviation Safety Authority (CASA), must ensure that the exemption complies with legislative requirements and can be reviewed and potentially disallowed by Parliament if deemed inappropriate. Failure to comply with the conditions set out in this exemption could result in civil or criminal consequences. Although the specific penalties are not detailed in the explanatory statement, non-compliance with the Civil Aviation Regulations 1988 generally can lead to significant penalties. These could include fines, suspension or revocation of aircraft operation licenses, and potential criminal charges if the non-compliance results in safety breaches. The exact penalties would depend on the severity and impact of the non-compliance as assessed by CASA or a court. This exemption renews a previous exemption, CASA EX01/07, which was set to expire at the end of December 2009. The current exemption, CASA EX106/09, will be effective from the day after its registration and will cease to have effect by the end of 31 December 2011. It has been issued by a delegate of CASA appointed under regulation 7 of CAR 1988, ensuring that it aligns with the regulatory framework governing civil aviation maintenance in Australia.