Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.66 Amendment Order (No. 1) 2009
Purpose
The principal purpose of Civil Aviation Order 100.66 Amendment (No. 1) 2009 is to remove from category A maintenance authority applicants the requirement to study and be examined in certain matters that do not fall within the work they do in the exercise of their normal maintenance privileges. To this extent, the amendments correct an anomaly that has already been addressed for category B1 maintenance authority holders.
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 (a 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. For the sake of consistency and to avoid doubt, 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.
Practical developments in maintenance training
Some drafting changes are needed to CAO 100.66 to keep up with practical developments in maintenance training. They relate principally to relieving certain category A maintenance authority applicants from the requirement to study and be examined in matters not relevant to the maintenance privileges they would actually use.
Details of amendments
The changes mentioned above are contained in Civil Aviation Order 100.66 Amendment Order (No. 1) 2009 (the CAO amendment), as follows.
Amendment No. 1
This amendment corrects a miscitation of paragraph 13.3, erroneously referred to as “subsection 13.3”.
Amendment Nos. 2 and 3
Under paragraph 13.1 of CAO 100.66, a person who applies for a maintenance authority in a category or subcategory must demonstrate by examination, knowledge of each subject module that is marked for the category or subcategory in accordance with Part 2 of Appendix 4.
Under paragraph 13.7 of CAO 100.66, in spite of paragraph 13.3, applicants for certain of the B1 subcategories are not required to demonstrate, by examination, knowledge of certain matters because such knowledge is rarely, if ever, relevant to their usual maintenance.
For example, under subparagraph 13.7 (b) of CAO 100.66, an applicant for a category B1 authority is not required to demonstrate by examination, knowledge of aircraft materials —composite and non-metallic in accordance with subitem 6.3.1, 6.3.2 or 6.3.3 of subject module 6 in Part 3 of Appendix 4 unless the authority is to include the particular materials mentioned in the subitem. This is because the materials — composites, wood and fabric — are rarely encountered when exercising the category B1 authority privileges. Therefore, unless a person specifically wishes to enjoy these privileges, there is no requirement to qualify for them.
Again, under subparagraph 13.7 (c), an applicant for a subcategory B1.2 authority is not required to demonstrate, by examination, knowledge of high speed flight in accordance with subitem 11.1.2 of subject module 11 in Part 3 of Appendix 4. This is because the privileges of the B1.2 subcategory are limited to piston engined aeroplanes (see paragraph 3.2 of CAO 100.66) which do not achieve such high speed flight — unlike turbine engined aeroplanes within the privileges of a subcategory B1.1 authority holder.
Although category A maintenance authorities are a more restricted form of qualification, the subcategories — A1, A2, A3 and A4 — mirror in scope the limitations of the B1 subcategories as follows:
(a) A1 and B1.1 — turbine engined aeroplanes;
(b) A2 and B1.2 — piston engined aeroplanes;
(c) A3 and B1.3 — turbine engined helicopters;
(d) A4 and B1.4 — piston engined helicopters.
It follows that if applicants for certain of the B1 subcategories are not required to demonstrate, by examination, knowledge of certain matters because such knowledge is rarely if ever relevant to their usual maintenance, the same should apply, on the same basis, to applicants for the relevant category A subcategories. This was not done in the original CAO 100.66.
Amendment 2, therefore, amends subparagraph 13.7 (b) to add a category A authority to the mention of a B1 authority as not requiring to demonstrate, by examination, knowledge of specific aircraft materials.
Amendment 3 amends subparagraph 13.7 (c) to add a subcategory A2 authority to the mention of a B1.2 authority as not requiring to demonstrate, by examination, knowledge of high speed flight.
Amendment No. 4
Under paragraph 10.3 of CAO 100.66, it is a privilege of a holder of an authority in category B1 that he or she may issue a certificate of release to service after completion of maintenance for the aircraft systems that are designated structure, powerplant, mechanical, or electrical in Appendix 2, subject to any condition or limitation mentioned for the system.
Further to that, under paragraph 10.4 of CAO 100.66, it is a privilege of a holder of an authority in category B2 that he or she may issue a certificate of release to service after completion of maintenance for the aircraft systems that are designated electrical or avionic in Appendix 2, subject to any condition or limitation mentioned for the system.
One of the electrical aircraft systems mentioned in Appendix 2 is “Electrical power supply systems generator constant speed drive/IDG (ATA 24)”. One of the mechanical aircraft systems mentioned in Appendix 2 is “Hydraulic power systems, including ram air turbine (RAT) (ATA 29)”.
As a result of technological changes introduced by the Airbus A380 aeroplane design, ram air turbines may be electrical in nature and could, therefore, be maintained as an electrical system.
Amendment 4, therefore, amends the electrical aircraft system item so that it reads: “Electrical power supply systems generator constant speed drive/IDG (ATA 24), including a ram air turbine (RAT) if electrical”.
Legislative Instruments Act 2003 (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
Broad consultation for section 17 of the LIA was not considered necessary for these remedial amendments, the need for which had been drawn to CASA attention by training industry sources.
However, the joint industry/CASA team established to advise on the maintenance regulations suite have been informed of the amendments. The team comprises 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 considered and approved the amendments. In addition, details of the proposal were posted on the CASA website and no adverse comment or feedback was received.
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, being remedial, the amendments will have only a nil to low impact on business.
Commencement and making
The CAO amendment comes into effect on 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) 2009]