Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.66 Amendment Order (No. 1) 2008
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 the Civil Aviation Regulations 1988 (CAR 1988), CASA may make certain Civil Aviation Orders (the CAOs) to implement safety standards and requirements.
Maintenance authorities
Under paragraph 33B (1) (a) of CAR 1988, CASA may, in writing, and in accordance with the CAOs, issue authorities to carry out maintenance on aircraft (maintenance authority or MA). Under subregulation 33B (2), an MA may be issued subject to conditions specified in the MA or in the CAOs or in both. Under subregulation 33A (4), it is an offence to contravene a condition of an MA.
CAO 100.66
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 by CASA following candidates’ training and assessment by recognised organisations which meet training standards and are approved by CASA in accordance with CAO 100.66. Various other heads of power were used to make CAO 100.66, and subsequent amendments. The same heads of power are used for this amendment. For reference, details of the additional heads of power used are in Appendix 1.
Scope of CAO 100.66
As a matter of safety policy, in CAO 100.66 CASA adopted the regulatory approach to maintenance promulgated by the European Aviation Safety Agency (EASA). This included the use of EASA categories of aircraft maintenance authorities, namely categories A, B1 and B2, and related aircraft ratings, awarded on the basis of compliance with detailed knowledge and competency training and assessment. It also involved recognition of specifically approved maintenance training organisations operating under detailed, self-prepared, expositions setting out their training objectives, resources and capabilities.
CAO 100.66 established a stand-alone scheme for applicants to obtain specific categories of MAs, and to have their MAs endorsed with related ratings. The necessary examination, experience and competency requirements were set out. CAO 100.66 also established the scheme for training organisations to be approved as recognised deliverers of the training and assessment that those applicants required to become qualified. Provision was also made for award of additional categories, additional ratings and recognition of overseas qualifications.
New EASA proposals
CAO 100.66 was registered on 13 February 2007 and CASA has approved some organisations to be recognised organisations for the purposes of training. In November 2007, EASA proposed to amend some of the maintenance privileges of, and knowledge and rating training requirements for, category B1 and B2 MA holders (Notice of Proposed Amendment (NPA) No 07/2007, Draft Opinion of the European Aviation Safety Agency). CASA wishes to adopt these changes to remain broadly consistent with the EASA standards for MAs.
Other minor drafting changes have also been made as consequential amendments, or in response to industry consultation or because of the need for clarification.
Details of amendments
The changes mentioned above are contained in Civil Aviation Order 100.66 Amendment Order (No. 1) 2008 (the CAO amendment), as follows.
Transitional provisions
Transitional provisions are designed to grandfather the privileges of existing holders of category B2 authorities so that they are not affected by the introduction of a new limited B1 authority.
The new limited B1 authority will permit specific instrument and electrical maintenance outside the amended scope of the avionic or electrical B2 authority.
The training and assessment of existing B2 authority holders already permits such specific instrument and electrical maintenance. This existing privilege will, therefore, be preserved for those who immediately before the commencement of the CAO amendment held a current category B2 authority entitling them to exercise privileges in the maintenance of aircraft systems listed in Appendix 3 of CAO 100.66 as it was immediately before the commencement of the CAO amendment.
CASA will issue these B2 authority holders with the new limited B1 authority which they will receive without a requirement for any further training or assessment. Future successful applicants for the B2 authority will similarly be eligible to receive both the B2 and the new limited B1 authority.
Amendment 1
The definition of Aeroskills Training Package (the Package) has been revised to refer to the relevant publication of the National Training Information Service (NTIS). Previously the Package had been published by CASA, with NTIS permission, in an Airworthiness Advisory Circular (AAC) because the latest version of the Package that CASA wished to use was not publicly available at the time of making CAO 100.66. This is a minor drafting change.
Amendment 2
The definition of large aircraft has been streamlined to mean an aeroplane that has a maximum take-off weight (MTOW) of more than 5 700 kg or a helicopter that is multi-engined. This amendment arises from the EASA proposals.
Amendment 3
A new definition of limited B1 authority is introduced to mean a B1 authority issued by CASA permitting completion of specified instrument or electrical maintenance only, for aircraft systems that are designated structure, powerplant or mechanical in Appendix 2 (which is itself also amended — see below, at amendment 25).
Currently, the holder of a B2 authority (avionic or electrical) is sufficiently well-trained to perform specified instrument or electrical maintenance for aircraft systems that are designated structure, powerplant or mechanical. However, to ensure consistency with the new maintenance designations, it is intended to require that, in future, a limited B1 authority is held to permit the work.
The essential requirement for a limited B1 authority is to already hold a B2 authority. As noted above, a transitional provision grandfathers the position of existing B2 authority holders to perform this work until CASA issues them with a limited B1 authority to formalise the situation. This amendment arises from the EASA proposals.
Amendment 4
The definition of maintenance training is modified to remove reference to aeronautical products, maintenance on which is not intended to fall within the meaning of training for CAO 100.66 maintenance authorities. This is a minor drafting change.
Amendment 5
The definition of RPL (recognition of prior learning) is modified to ensure that recognition is confined to prior learning that is at least equivalent to the requirements that would otherwise have to be met if RPL were not used. Previously, no standard for the quality of RPL had been expressly mandated. This is a minor drafting change.
Amendment 6
The definition of SFAR is omitted consequential on the new definition of large aircraft (amendment 2) which no longer refers to SFAR aircraft.
Amendment 7
A new definition of simple test is inserted to replace the previous description of the serviceability check performed on an avionic line replaceable unit. Simple test means a test to verify the serviceability of an avionic system of an aircraft using an on-board aircraft system, or external test equipment whose use does not require specialist training and the outcome of which does not require interpretation.
This new definition is used in relation to the privileges of a category B1 authority holder, one of which is completion of the replacement of an avionic line replaceable unit. This privilege has itself been amended for clarification (see amendment 12 below). This amendment arises from the EASA proposals.
Amendment 8
This amendment modifies the meaning of a category B1 authority to include the newly-created limited B1 authority (see amendment 3 above). This amendment arises from the EASA proposals.
Amendment 9
This amendment inserts a new title for subsection 10, Privileges of an authority — certificate of release to service, to clarify that the privileges of the authorities are to issue certificates. This is a minor drafting change.
Amendment 10
This amendment makes consequential provision for the creation of the limited B1 authority. It removes mention of the B1 subcategories (in which the limited B1 authority is not included) and substitutes mention of the category B1 authority which includes the limited B1 authority (see amendments 3 and 8).
Amendment 11
This amendment introduces for the category B1 authority privileges the modified terminology used in new Appendix 2 for referring to the scope of maintenance in terms of aircraft system designations (namely, structure, powerplant, mechanical, electrical, and avionic).
Previously, the reference was to Air Transport Association (ATA) chapter designators. The scope of the B1 authority privileges is not altered. This amendment arises from the EASA proposals.
Amendment 12
This amendment clarifies the scope of the B1 privilege in relation to replacement of avionic line replaceable units by incorporating reference to the use of simple tests (as defined — see amendment 7). This amendment arises from the EASA proposals.
Amendment 13
This amendment clarifies the privileges of the holder of a category B2 authority. The holder may issue a certificate of release to service after completion of maintenance for each aircraft system designated electrical or avionic in Appendix 2.
The holder may also issue a certificate of release to service after completion of maintenance for each aircraft system designated structure, powerplant or mechanical in Appendix 2 if the system is identified in the Appendix for B2 by means of a condition or limitation, or if CASA has issued the B2 holder with a limited B1 authority. This amendment arises from the EASA proposals.
Amendment 14
This amendment modifies CASA’s approach to the privilege of an authority holder, in relation to aircraft/engine combinations or engines, to which ratings apply. It gives CASA flexibility to determine safe circumstances in which a particular rating is not needed. This is a minor drafting change.
Amendment 15
This amendment clarifies that the holder of an authority in category A, B1 or B2 for the issue of a certificate of release to service may physically carry out any maintenance in respect of which he or she may issue a certificate of release. By virtue of amendment 8, mention of B1 includes a limited B1 authority. This is a minor drafting change.
Amendment 16
This amendment adds a Note to clarify that RPL (recognition of prior learning) may be used when a recognised organisation holds a knowledge examination for an authority. This is a minor drafting change.
Amendment 17
This amendment makes consequential provision for the new limited B1 authority by indicating what is required in advance to hold it, namely an applicant must already hold, or be eligible to hold, a category B2 authority.
Amendment 18
This amendment makes minor consequential provision for a limited B1 authority if a rating is to be endorsed on it.
Amendment 19
This amendment omits paragraph 15.3 about assessment because it duplicates in effect paragraph 15.2 which requires that the holder of an authority who seeks a rating must complete the relevant category or subcategory type training and assessment. This is a minor drafting change.
Amendment 20
This amendment makes a minor consequential amendment arising from deletion of paragraph 15.3 by amendment 19.
Amendment 21
This amendment consequentially amends the assessment requirements for a rating so that they include the requirements for a rating on a limited B1 authority.
Thus, for an aircraft type, the assessment for the rating on other than a limited B1 authority must be in the theoretical elements mentioned in Part 2 of Appendix 7 that are indicated for the relevant category or subcategory by the numerical level of the type training.
For a rating on a limited B1 authority, the assessment must be in the theoretical elements for a B2 authority, and the theoretical elements for the relevant B1 authority, mentioned in Part 2 of Appendix 7 and indicated by the numerical level of the type training. A Note indicates that the relevant training for a limited B1 authority is usually referred to as a combined B1/B2 course.
Amendment 22
This amendment is consequential on amendment 20 in relation to assessments for a rating for a limited B1 authority.
For a rating other than for a limited B1 authority, the assessment must assess the applicant to the numerical level of the type training indicated for each relevant theoretical element mentioned in Part 2 of Appendix 7 for the authority.
For a rating for a limited B1 authority, the assessment must assess the applicant to the numerical level of the type training indicated for each relevant theoretical element mentioned in Part 2 of Appendix 7 for a B2 authority and for the relevant B1 authority (usually in a combined B1/B2 course as a Note indicates).
Where a theoretical element is common to both the B2 and the relevant B1 authority, the assessment must be to the higher of the 2 numerical levels to qualify for the limited B1 authority.
Amendment 23
This amendment is also consequential on amendment 21 in relation to assessments for a rating for a limited B1 authority. It inserts mention of the limited B1 authority.
Amendment 24
This amendment is consequential on amendment 21 in relation to assessment for a rating for a limited B1 authority. A recognised organisation that delivers a combined B1/B2 training course for a limited B1 authority and a B2 authority for an aircraft rating must ensure that all documents required under this Order in connection with the training and assessment state whether each common element was delivered to the level that was the higher level indicated in Part 2 of Appendix 7 for the common element.
Amendment 25
This amendment substitutes a new Appendix 2 for the former Appendices 2 and 3, to indicate the scope of the maintenance in respect of which the holder of a category B1 or B2 authority may issue a certificate of release to service.
The Appendix lists the aircraft systems and ATA chapter references from the previous Appendices, and designates them as structural, mechanical, powerplant, electrical or avionic to indicate the scope of the work of appropriately qualified B1 or B2 authority holders.
Information about certain limitations for category B2 authority holders complements the earlier amendment 3 to identify the additional mechanical work that the B2 avionics or electrical holder may do. This is limited to electrical test and electrical defect rectification and the instrumentation aspects of fuel systems only. This amendment arises from the EASA proposals.
Amendment 26
This amendment is consequential on amendment 25 and deletes the previous Appendix 3.
Amendment 27
This amendment deletes a reference in Part 3 of Appendix 4, the knowledge training syllabus, to technology that is now obsolete and need no longer be the subject of training and assessment. This is a minor drafting change.
Amendments 28 and 29
These amendments correct the titles of 2 tables in Part 2 of Appendix 7. References to “aeroplanes” were misleading in tables that also referred to helicopters. This is a minor drafting change.
Clarification of Note
Subsection 2 (2) of Civil Aviation Order 100.66 Amendment Order (No. 1) 2007 states:
(2) The amendments in items 31, 32, 33 and 36 of Schedule 1 (the new knowledge requirements) commence immediately after the commencement of amendments to Appendix 6 of Civil Aviation Order 100.66 that insert units of competency for the new knowledge requirements.
Note The units of competency for the new knowledge requirements are being developed by the State and Territory authorities responsible for the Australian Quality Training Framework and will be incorporated within amendments to Appendix 6 of Civil Aviation Order 100.66. These amendments are expected to be made by Civil Aviation Order 100.66 Amendment Order (No. 2) 2007.
To avoid misunderstanding, the amendments expected to be made by Civil Aviation Order 100.66 Amendment Order (No. 2) 2007 mentioned in the Note, have not yet been made and there is no such instrument. This is because the matter is still under consideration by the relevant State and Territory authorities.
This CAO amendment, Civil Aviation Order 100.66 Amendment Order (No. 1) 2008, makes no amendments to Appendix 6 and is not related to the Note.
Legislative Instruments Act 2003 (the LIA)
Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to matters affecting the maintenance of aircraft. Under subsection 98 (5B) of the Act, an instrument so issued is a legislative instrument subject to the LIA (other than Part 6 concerning sunsetting).
Under paragraph 33B (1) (a) and subregulation 33B (2) of CAR 1988, CASA may make CAOs in relation to authorities to carry out maintenance on aircraft and conditions to which an authority is subject.
Made under regulation 33B, the CAO amendment is an instrument in relation to matters affecting the maintenance of aircraft, and, therefore, it is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation for section 17 of the LIA was undertaken as follows.
CASA entered into extensive consultation before making CAO 100.66. For this purpose, CASA established a joint industry/CASA team specifically to progress the maintenance regulations suite. The team comprised representatives from CASA and the various branches of the aviation industry, including general aviation and regular public transport, maintenance repair and overhaul, aviation training, and the Maintenance Standards Subcommittee of the Standards Consultative Committee.
The joint industry/CASA team remains in existence and it has considered and approved of the CAO amendment.
Office of Best Practice Regulation (OBPR)
The OBPR’s predecessor, the Office of Regulation Review, considered that CAO 100.66, intended as it was to supplement existing procedures for acquiring MAs, was of a minor or machinery nature only and did not require preparation of a specific Regulation Impact Statement (RIS). OBPR does not require a RIS for the CAO amendment because a preliminary assessment of business compliance costs indicates that the amendment will have only a low impact on business.
Commencement and making
The CAO amendment comes into effect on the day after it is registered.
It has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Appendix 1
Description of additional heads of power used for CAO 100.66 and, therefore, relevant to the CAO amendment
Carrying out maintenance
Under subregulation 42ZC (6), CASA can authorise a person to carry out maintenance.
Certification
Under subregulation 42ZE (1) of CAR 1988, a person who carries out maintenance on Australian aircraft in Australian territory must ensure that certification of completion of the maintenance is in accordance with the system of certification.
Under paragraphs 1.2 and 2.2 of Schedule 6 of CAR 1988, this certification may only be made by the person who physically performs the maintenance rather than merely supervising it unless paragraphs 42ZC (3) (b) and 42ZC (4) (c) of CAR 1988 apply.
Supervision
Under paragraphs 42ZC (3) (b) and 42ZC (4) (c) of CAR 1988, a person may carry out maintenance under the supervision of an aircraft maintenance engineer licence holder and that holder can certify completion of the maintenance.
There is no corresponding ability to carry out maintenance under the supervision of an MA holder, for which the MA holder can certify completion.
MA holders may supervise and certify
There was no safety reason why an MA holder under CAO 100.66 should not supervise in appropriate circumstances and the MA privileges were framed accordingly, including by incorporating an appropriate authorisation, for subregulation 42ZC (6), of a person supervised by an MA holder, and an exemption for the MA holder, under regulation 308 of CAR 1988, from the Schedule 6 prohibition on certifying for completion of work performed by such a supervised person.
Start or run an aircraft engine
Under subregulation 230 (1) of CAR 1988, a person must not start or run an aircraft engine unless permitted to do so. Under paragraph 230 (3) (a), for the conduct of aeroplane maintenance, the engine may be started and run if the control seat is occupied by a person who holds an airworthiness authority (such as an MA), or a licence as an aircraft maintenance engineer (a LAME), and the person is sufficiently knowledgeable not to cause danger or damage.
Under subregulation 230 (4), for the conduct of maintenance on a helicopter, the engine may be started and run only by a person authorised either by CASA or an authorised person.
[Civil Aviation Order 100.66 Amendment Order (No. 1) 2008]