Civil Aviation Order 100.26 Instrument 2007

Overview

The Civil Aviation Order 100.26 Instrument 2007, made under regulation 33B of the Civil Aviation Regulations 1988, was introduced to provide a regulatory framework for the issuance and management of examiner authorities for aircraft maintenance engineers. This legislative instrument was enacted by the Civil Aviation Safety Authority and commenced on 18 December 2007. The primary objective of this Order is to ensure that individuals appointed to conduct aircraft maintenance engineer licence examinations possess the necessary qualifications and competencies. To address any legislative gaps in the previous regulatory structure, the Order sets out specific requirements for the issuance of examiner authorities, including the necessity for applicants to be either holders or prospective employees of an approved certificate holder, and mandates that they demonstrate satisfactory knowledge of the applicable subjects. Additionally, the Order delineates the privileges associated with examiner authorities, such as the preparation and marking of examination questions, and the review and approval of examination results. The Order also establishes a two-year period of validity for examiner authorities, contingent upon the currency of the related certificate of approval.

Scope and Application

The Civil Aviation Order 100.26, which was made under regulation 33B of the Civil Aviation Regulations 1988, outlines the requirements and privileges associated with an examiner authority in the context of aircraft maintenance engineer licence examinations. This legislation applies to individuals who hold, or are employed by, a certificate holder endorsed for conducting such examinations, and mandates that the application must be recommended by the certificate holder. To be granted an examiner authority, an applicant must demonstrate satisfactory knowledge of the relevant subject matter and pass an examination to determine their ability to exercise the privileges of an examiner. These privileges include preparing and maintaining an examination question library, marking candidates’ specific type examinations, reviewing and analysing examination results, and approving examination results. The authority is rated for particular types or series of airframes, engines, systems, or installations, and is valid for a period not exceeding two years, contingent upon the related certificate of approval remaining current. The authority can be renewed upon application. The order extends to the Commonwealth and is to be read in conjunction with Civil Aviation Order 100.23. Any subordinate instruments may further detail the administration and procedure related to the issuance and renewal of examiner authorities.

Key Provisions

The Civil Aviation Order 100.26 Instrument 2007, as amended, governs the issue and privileges of an examiner authority for aircraft maintenance engineers under the Civil Aviation Regulations 1988. Section 1.1 specifies that an examiner authority will only be granted to a person who holds, or is employed by the holder of, a certificate of approval endorsed for the conducting of aircraft maintenance engineer licence examinations. Section 1.2 further stipulates that an applicant must be recommended by the certificate holder if they are employed by, or are the prospective employee of, a certificate holder. Section 1.3 requires the applicant to demonstrate satisfactory knowledge of the applicable subject, with the holder of an aircraft engineer licence, suitably rated in the appropriate category, typically meeting this requirement. Additionally, section 1.4 mandates that each applicant must undergo an examination to determine their ability to exercise the privileges outlined in section 2.1. The privileges of an examiner authority holder, as outlined in section 2.1, include the preparation and maintenance of an examination question library, the marking of candidates’ specific type examinations, the review and analysis of examination results, and the approval of examination results. Section 3.1 details that an examiner authority will be issued to an applicant who has met the requirements of this Order, and section 3.2 specifies that the authority will be rated for particular types or series of airframes, engines, systems, or installations. Section 4.1 mandates that an examiner authority must be valid for a period not exceeding two years, and section 4.2 states that the authority will only be valid while the related certificate of approval is current. Lastly, section 5 notes that an examiner authority may be renewed upon receipt of an application. For entities and individuals governed by this Act, the obligations include ensuring that the examiner authority applicant holds the required certificate of approval or is employed by a holder of such a certificate, as stipulated in section 1.1 and 1.2. They must also demonstrate satisfactory knowledge of the applicable subject as required by section 1.3 and pass the examination outlined in section 1.4. The examiner authority holder must then exercise their privileges in accordance with section 2.1, ensuring they prepare and maintain an examination question library, mark candidates’ specific type examinations, review and analyse examination results, and approve examination results. Furthermore, they must ensure that their examiner authority remains valid for no more than two years, as per section 4.1, and is only valid while the related certificate of approval is current, as per section 4.2. Failure to comply with the requirements of this Order or to exercise the privileges appropriately can result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences for breach are not detailed in the provided text. The maximum penalties, if applicable, are also not stated within the provided text of the Civil Aviation Order 100.26 Instrument 2007. Further investigation into the Civil Aviation Regulations 1988 or related legislation would be necessary to determine the precise legal ramifications of non-compliance.