Explanatory Statement
Civil Aviation Regulations 1988
Exemption — from type training and assessment requirements of Civil Aviation Order 100.66
Approval — of alternative type training and assessment
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.
Under paragraph 33B (1) (a) of the Civil Aviation Regulations 1988 (CAR 1988), CASA may, in writing, and in accordance with Civil Aviation Orders (CAOs) made for the purpose, issue authorities to carry out maintenance on aircraft (a maintenance authority or MA).
Under subregulation 33B (2) of CAR 1988, an MA may be issued subject to conditions specified in the MA or in the CAOs, or in both. Under subregulation 33B (4), it is an offence to contravene a condition of an MA.
Maintenance authorities
Civil Aviation Order 100.66 (CAO 100.66) was made under paragraph 33B (1) (a) of CAR 1988 to provide for the issue of MAs following a candidate’s training and assessment. That training and assessment may only be delivered by a recognised maintenance training organisation approved by CASA (an RO) which meets specific training standards and requirements.
An MA may be issued for 1 or more categories or subcategories, including category B1 (mechanical, and comprising subcategories B1.1, B1.2, B1.3 and B1.4) and category B2 (avionic). The subcategories of B1 relate to whether the aircraft is an aeroplane or a helicopter and how it is powered. A subcategory B1.1 MA is only for maintenance on turbine-engined aeroplanes.
Ratings on MAs
A person must have an appropriate rating endorsed on their B1 or B2 MA if he or she is to carry out maintenance on an aircraft/engine combination, or on an engine, for large or complex aircraft.
Applications
A person must apply to CASA for an MA, or a rating on an MA, setting out details of his or her training, qualifications and experience, and including documents that show he or she has completed the training, holds the qualifications and has the experience claimed.
Requirements for award of a category
To be awarded a particular category of MA, the person must demonstrate, by examination, knowledge of specified subjects to specified levels, as set out in CAO 100.66. This examination must be conducted by an RO.
Requirements for award of a rating
Under subsection 15 of CAO 100.66, for the endorsement of a rating on a subcategory B1.1 or category B2 MA, the MA holder must satisfactorily complete the type training and assessment for the rating that is approved by CASA and delivered by an approved RO. The training and assessment must be in specific theoretical and practical elements appropriate for the rating, and to the levels set by CAO 100.66.
Under subsection 16 of CAO 100.66, CASA must endorse the rating on the MA if, among other things, within a specific period before making the application, the MA holder has successfully completed the theoretical and practical elements of the aircraft type training and assessment mentioned in subsection 15.
Exemption power
Under subregulation 308 (1) of CAR 1988, CASA may, in relation to a particular aircraft, or a specified type or category of aircraft, exempt the aircraft, or persons in, on or otherwise associated with the operation of the aircraft, from compliance with specified provisions of CAR 1988.
Under subregulation 308 (3) of CAR 1988, CASA must first take into account any relevant considerations relating to the interests of safety.
Background
CAO 100.66 took effect on 14 February 2007 and there is already in Australia an RO approved by CASA to deliver theoretical training and knowledge examinations for the award of MAs.
Embraer 170 and 190
For the purposes of CAO 100.66, the new Embraer (EMB) 170 and 190 aeroplanes fall within the definition of large or complex aircraft whose maintenance may be carried out by an MA holder only if his or her authority is endorsed with an appropriate rating for the aircraft type.
Appropriate organisations in Australia may, in due course, be approved by CASA as ROs for the new EMB 170 and 190 aeroplanes. But until then, for operators who are acquiring the EMB 170 and 190, CASA has considered how to facilitate type training and assessment for relevant MA holders by appropriate overseas training organisations, if it is safe to do so.
CASA advice foreshadowing exemption if safe
Virgin Blue Airlines Pty Ltd (the operator) is an operator which has been planning the introduction of the EMB 170 and 190 to its fleet. Because of the long lead time to plan for the introduction of new aircraft, the operator sought advice from CASA to assist in making considered decisions about its plans for maintenance training and standards.
In particular, the operator sought CASA advice to assist it in deciding whether, making use of overseas training providers, it should adopt the training framework and standards of what was, at that time, only a proposal for CAO 100.66 and its B1 and B2 rating outcomes.
CASA advised that if it reviewed and approved the proposed type course plan, and the relevant training was delivered by an overseas or other organisation whose standards were at least equivalent to those of an RO, then, given the circumstances, CASA would accept the training outcome. Thus, the operators could make their planning decisions on the basis that if CAO 100.66 was made after the operator had committed to the new EMB 170 and 190 aircraft, the proposed maintenance training would be approved by CASA and result in CAO 100.66 outcomes for successful trainees.
Jet Care and Virgin Tech
Jet Care Pty Ltd (Jet Care) and Virgin Tech Pty Ltd (Virgin Tech) are maintenance providers for Virgin Blue. They have, respectively, 21 and 12, trainees who are completing the approved CASA course plan for EMB 170 and190 type training.
Embraer type training and assessment in Australia and Canada
Jet Care and Virgin Tech have entered into arrangements with a Swiss company, Swiss Aviation Training Ltd and a Canadian company, ACE Aviation Holdings Inc. (under the name Air Canada Technical Services) (the delivery agents), for delivery to the trainees of type training and assessment for the EMB 170 and 190.
Swiss Aviation Training Ltd deliver the EMB 170 B1/B2 Maintenance Type Training Course, and the Embraer 170 to 190 B1/B2 Maintenance Type Differential Training Course, in Brisbane. Air Canada Technical Services deliver the EMB 170 and 190 B1/B2 Practical Training Course in Canada. The theoretical and practical aspects of the type training and assessment are known collectively as the specific training programs.
Safety considerations
Neither of the delivery agents is a recognised organisation approved by CASA under CAO 100.66 to deliver type training and assessment for the endorsement of a rating on an MA. However, both are approved by the European Aviation Safety Authority (EASA) for the delivery of equivalent outcomes for national airworthiness authorities in Europe falling under EASA’s jurisdiction. Air Canada Technical Services are also similarly approved by Transport Canada.
CASA is satisfied that the specific training programs, as delivered by the delivery agents, comply with all of the requirements of subsection 15 of CAO 100.66 (and the related requirements in Appendix 7). But, for the absence of formal approval of the delivery agents as recognised organisations, this would allow CASA to endorse the EMB 170 and 190 rating on the MA of each of the trainees who successfully completes the specific training programs to the satisfaction of the respective delivery agents.
In line, therefore, with its advice to the operator, and to address these limited and particular circumstances, CASA agreed to approve the specific training programs and issue an exemption from the requirement that the delivery agents be recognised organisations.
Exemption
Under subparagraph 15.2 (a) of CAO 100.66, the relevant type training and assessment (i.e. the specific training programs) must be approved by CASA. Under subparagraph 15.2 (b), the training and assessment must be conducted by a recognised maintenance training organisation approved by CASA. Under subsection 16 of CAO 100.66, unless a person already holds or held the rating or equivalent authorisation, CASA may only endorse the rating if the training and assessment is conducted by an RO and successfully completed by the student. Under subregulation 33B (4) of CAR 1988, it would be an offence to conduct maintenance without having complied with these specific type training requirements.
The exemption, therefore, in effect, exempts each of 33 named trainees who apply in writing for a rating from the requirements in, and under, subsections 15 and 16 of CAO 100.66 that their EMB 170 and 190 type training and assessment must be conducted by a recognised organisation. There are conditions placed on the exemption.
Conditions
Each trainee must successfully complete the specific training to the satisfaction of the respective delivery agents. He or she must give to CASA persuasive documentary proof of this outcome. Documentary proof includes original, or certified copies of original, certificates of successful course completion and assessment, issued under the authority of the respective delivery agents. Authentic documents of this kind would be considered persuasive. CASA will also independently obtain from the delivery agents a statement of training and assessment outcomes for each trainee.
Approval
The instrument also approves the specific training programs.
Legislative Instruments Act
Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. The instrument is, therefore, a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation under section 17 of the LIA has not been undertaken because the instrument is for limited circumstances involving a number of named employees of 2 specific organisations.
The instrument comes into effect on the day after it is registered. It stops having effect at the end of 30 November 2007.
The exemption has been made by the Deputy Chief Executive Officer, Strategy and Support, a delegate of CASA, in accordance with subregulation 7 (1) of CAR 1988.
[Exemption number CASA EX30/07]