Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.66 Amendment Order (No. 2) 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 (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 subsequent amendments to CAO 100.66. Although not all of direct and immediate relevance to this amendment, for consistency the same heads of power are referred to. For reference, details 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, and to bring a range of helicopter maintenance tasks within the privileges of the holder of an authority in subcategory A3 or A4 for turbine or piston engined helicopters. A minor duplication requires deletion.
Details of amendments
The changes mentioned above are contained in Civil Aviation Order 100.66 Amendment Order (No. 2) 2008 (the CAO amendment), as follows.
Amendment No. 1
Under paragraph 10.5 of CAO 100.66, the holder of an authority may issue a certificate of release to service (i.e. certification of completion of maintenance) only in accordance with the requirements of sub-subparagraph 10.5 (a) (i) or sub-subparagraph 10.5 (a) (ii), whichever applied.
Sub-subparagraph 10.5 (a) (i) mentioned the requirements of regulation 45ZE of CAR 1988 (which deals with certification of completion of maintenance in accordance with an approved system of certification of completion of maintenance). Sub-subparagraph 10.5 (a) (ii) mentioned the requirements of the CASA system, or another approved system, of certification of completion of maintenance mentioned in subregulation 42ZE (1) of CAR 1988. Thus, sub-subparagraph 10.5 (a) (ii) is, in effect, a duplication of sub-subparagraph 10.5 (a) (i).
Amendment No 1 deletes sub-subparagraph 10.5 (a) (ii) to remove the duplication and avoid confusion about it.
Amendment No. 2
Under subparagraph 10.6 (d) 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 following completion of maintenance that includes “structural inspection and repair of airframe”, but only if certain conditions are met, namely, that the aircraft is maintained by a CAR 30 organisation and the holder has completed appropriate training or experience.
Amendment No. 2 deletes subparagraph 10.6 (d) of CAO 100.66 so that the conditions no longer apply to the holder when engaged in structural inspection and repair of airframes. The holder already enjoys this privilege, without conditions, by virtue of his or her training or experience in Structures under Appendix 2 to qualify for the relevant B1 authority.
Amendment No. 3
Subsection 13 of CAO 100.66 sets out the requirements to be met to qualify for a particular category or subcategory of maintenance authority.
It is a requirement that an applicant have accumulated a particular period of practical maintenance experience on operating aircraft.
In modern maintenance training environments some effective maintenance experience can be acquired using maintenance simulation technology, or using aeronautical products rather than a fully assembled and functioning aircraft.
However, it was thought that the words “practical maintenance experience on operating aircraft”, as used throughout subsection 13, might preclude such maintenance experience from the scope of that which counts for qualification purposes.
Amendment No. 3 remedies this by defining the relevant expressions.
Thus, in subsection 13, practical maintenance experience may include simulated maintenance experience using maintenance simulation technology.
Also, in subsection 13, practical maintenance experience on operating aircraft may include practical maintenance experience on representative aeronautical products during maintenance training.
A Note explains that an Airworthiness Advisory circular (AAC 9-66) provides additional guidance on the value and acquisition of simulated maintenance experience, and of aeronautical products experience within a maintenance training environment.
Amendment No. 4
Subparagraph 10.1 (b), and paragraphs 3 (a) to 3 (q) of Appendix 1, of CAO 100.66 describe the maintenance activities for which the holder of an authority in subcategory A1, A2, A3 or A4 may issue a certificate of release to service.
Through Amendment No. 4, CASA decided to bring the following range of helicopter maintenance tasks expressly within this privilege of the holder of an authority in subcategory A3 or A4 for turbine or piston engined helicopters:
(i) removal or installation of the following:
(A) simple medical equipment carried inside a helicopter used for emergency medical services (EMS);
(B) external cargo provisions (for example, external hook, mirrors), excluding the hoist;
(C) quick release external cameras and search lights;
(D) emergency float bags, excluding the bottles;
(E) external doors fitted with quick release attachments;
(F) snow pads, skid wear shoes or slump protection pads; and
(ii) removal, inspection and reinstallation of chip detectors, including on inspection “go” or “no go” decision on chip or fuzz or swarf; and
(iii) folding or deploying rotor blades if:
(A) handling instructions permit folding for storage; and
(B) ground support equipment (GSE) is available; and
(iv) visual inspection or tap test of rotor blades; and
(v) minor repairs, including stop drilling and bonding, to acrylic or Perspex windscreens.
Amendment No. 5
Operating under paragraphs 10.3 and 10.4 of CAO 100.66, Appendix 2 of the CAO sets out the privileges of a category B1 and B2 authority holder in terms of aircraft systems, designations, conditions and qualifications.
The aircraft system known as Full Authority Digital Engine Control (FADEC, in Air Transport Association Chapter (ATA) 73A) is designated as within Avionic category privileges (B2).
Amendment No. 5 amends the designation to include FADEC (ATA 73A) within the Powerplant category privileges (B1) also because the training and experience required for this system is the same for each category.
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
Consultation for section 17 of the LIA was undertaken as follows.
CASA consulted with the joint industry/CASA team established to advise on the maintenance regulations suite. 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 CAO amendment. No submissions on the proposed amendments were made by the members of the Maintenance Standards Subcommittee.
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 referred to
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.2) 2008]