Explanatory Statement
Civil Aviation Act 1988
Civil Aviation Order 100.66 Amendment Order (No. 2) 2009
Purpose
The purpose of Civil Aviation Order 100.66 Amendment (No. 2) 2009 (the CAO amendment) is to enable CASA to remove a type restriction from a maintenance authority holder’s restricted rating provided the holder has undergone certain training and assessment, including training by a CAR 30 organisation which employs the holder, as well as by a recognised organisation.
A CAR 30 organisation is an organisation approved by CASA under regulation 30 of the Civil Aviation Regulations 1988 (CAR 1988) to, among other things, train candidates for certain maintenance qualifications.
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 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 2.
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 differences between CAR 31 licences and CAO 100.66 maintenance authorities
Some drafting changes are needed to CAO 100.66 to accommodate differences between:
- on the one hand, the regulatory scheme and training regime for the issue of AME licences under regulation 31 of CAR 1988 and the corresponding training requirements in CAOs 100.91 to 100.95; and
- on the other hand, the authorising and training scheme for the issue of EASA-like B1 and B2 maintenance authorities under regulation 33B and CAO 100.66.
A practical issue has given rise to this need for this accommodation, best explained by an example.
There are several aircraft types in operation that are lower group rated in the radio category under CAO 100.93, meaning that an AME licence holder in this category may carry out a wide range of radio maintenance work without a specific aircraft type rating provided they hold generic lower group ratings.
However, these same aircraft are Group 20 aircraft type rated in the electrical and instrument categories under CAO 100.94 and CAO 100.95, meaning that an AME licence holder in these categories may only carry out electrical and instrument maintenance work if type rated for the aircraft after specific training.
The different requirements for Group 20 aircraft type ratings arise because different aircraft classification requirements are in place for different categories of maintenance.
The radio category Group 20 rating is based on how the aircraft is utilised. For example, if the aircraft is operated in high capacity regular public transport operations, a type rating is required but not otherwise.
The instrument and electrical categories Group 20 ratings are based on exceeding maximum take‑off weight limitations (8 000 kgs).
Many AME licence holders (LAMEs) have chosen not to hold all 3 of the radio, electrical and instrument categories but rather 2 of the 3, most usually the instrument and electrical categories, leaving the radio maintenance work to a LAME holding the radio category and the lower groups where no rating is required.
The equivalent EASA-like qualification for radio, electrical and instrument maintenance work is the B2 category maintenance authority with an associated aircraft type rating. On conversion of an AME licence to a B2 maintenance authority, the 3 existing categories and any associated ratings are converted to the single B2 category and aircraft type rating.
The consequence is that when such a 2 category AME licence holder is converted to the B2 system their B2 aircraft type rating has a restriction applied to it to exclude privileges on the radio systems.
Effect of the amendments
The amendments are, therefore, designed to enable these restricted rating holders to be trained and assessed for a type rating to carry out radio maintenance. The training and assessment could be by the CAR 30 organisation for which they work, or a recognised organisation, with a view to CASA’s removal of the restriction on their rating.
This is only 1 representative example of other similar problems that might arise because different aircraft classification rating requirements are in place under regulation 31 of CAR 1988 and CAOs 100.91 to 100. 95 for the different categories of maintenance, be it engine, airframe, electrical, instrument or radio causing a similar restriction effect on B1 or B2 authorities converted from AME licences.
Overseas and defence qualified candidates
The amendments are also designed to enable certain restricted rating holders who qualified for their restricted rating on the basis of a limited overseas or defence organisation authority, to be trained and assessed by the CAR 30 organisation for which they now work, or a recognised organisation, with a view to CASA’s removal of the restriction.
The removal of a restriction will enable a person to work on an aircraft type without having to undergo full-scale training, only a suitable subset of that training.
The CAO amendment avoids the requirement that would otherwise exist for such restricted holders to complete much more extensive training with a recognised organisation. Such training, given their pre-existing qualified status, albeit with a limitation, would in practice amount to redundant retraining in a number of areas in order to deliver a particular subset of training.
Details of amendments
Details of the changes mentioned above are contained in the Appendix 1.
Additional amendment
The opportunity is also being taken in the CAO amendment to add to Appendix 2 an additional matter for which the holder of a category B1 authority may issue a certificate of release to service.
Under subparagraph 10.3 (a) of CAO 100.66, the holder of an authority in category B1 may issue a certificate of release to service after completion of maintenance for the aircraft systems that are designated structure, powerplant, mechanical and electrical in Appendix 2, subject to any condition or limitation mentioned for the system. Appendix 2 lists the relevant aircraft systems, their designations and any conditions or limitations that apply. Mention of aircraft systems includes the relevant Air Transport Association chapter for the nature of the work.
Amendment No. 4 adds the mechanical systems described as “Nitrogen generation system or Inert gas system (ATA 47)” to the B1 privileges listed in Appendix 2.
This is a maintenance task that is required for Boeing 737 and Boeing 777 aircraft, for example. It is now expressed to fall within the privileges of the holder of a rated B1.1 authority (for turbine engined aeroplanes) because the maintenance falls within the scope of such an authority.
Legislative Instruments Act 2003 (LIA)
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.
Under subsection 98 (5) of the Act, the regulations may empower CASA to issue a CAO for an authority (for example, a maintenance authority). Under subsection 98 (5AAA) of the Act, such a CAO is a legislative instrument.
Further, under paragraph 98 (5A) (a) of the Act, the regulations may empower CASA to issue instruments in relation to matters affecting the maintenance of aircraft. Under subsection 98 (5AA) of the Act, an instrument so issued for a class of persons, aircraft or aeronautical products is a legislative instrument subject to the LIA (other than Part 6 concerning sunsetting).
CASA does not consider that subsection 98 (5) of the Act exhausts its power to make CAOs which may also be made under the power to issue instruments under paragraph 98 (5A) (a).
Thus, on both counts, the CAO amendment 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’s attention by training industry sources.
However, the joint industry/CASA Team established to advise on the EASA-like maintenance regulations suite were 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 either 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
Details of the CAO amendment
1 Name of instrument
Under this section of the CAO amendment, the instrument is named the Civil Aviation Order 100.66 Amendment Order (No. 2) 2009.
2 Commencement
Under this section, the instrument is expressed to commence on the day after it is registered.
3 Amendment of Civil Aviation Order 100.66
Under this section, Schedule 1 is made the vehicle for amendments to Civil Aviation Order 100.66.
Schedule 1 Amendment
[1] Paragraph 2.1, definitions
This amendment inserts a new definition for the term limited rating. This is defined to mean a rating, authorisation or rating-equivalent mentioned in sub-subparagraph 16 (b) (ii), 16 (c) (ii) or 16 (d) (ii) on which an NAA (other than an excluded State), a foreign company, the Australian Defence Force or the National Defence Force of a Contracting State (other than an excluded State) has imposed a limitation.
This is similar to a restricted rating on a CASA authority.
[2] Paragraph 2.1, definition of restricted rating
This amendment amends the existing definition of restricted rating, to add to the previous meaning (rating restricted as described in the course plan in accordance with sub‑subparagraph 15.7 (c) (iii)), the additional meaning of a rating restricted in line with a corresponding limited rating.
Thus, the holder of a restricted rating may have had the restriction imposed because the restriction was in line with the existing limitation of the holder’s overseas or defence organisation qualification which entitled the holder to the restricted rating in the first place.
This is to assist with the meaning and application of the new subsection 16A, below.
[3] After subsection 16
This amendment inserts a new subsection 16A as follows.
16A Removal of restriction on a rating
16A.1Under this paragraph, CASA may remove a restriction from a restricted rating of a maintenance authority holder only in accordance with this subsection.
16A.2Under this paragraph, CASA may, in writing, remove the restriction from the holder’s restricted rating if the restriction is one that CASA, after taking into account any relevant considerations relating to the interests of safety, considers is appropriate for removal under this subsection and has listed in an AAC.
CASA must also be given a written report that the holder has successfully received a subset of training and assessment relating to the restriction on the rating (including, where relevant, if that restriction has arisen from the limitation on the person’s qualifying overseas or defence organisation rating).
CASA must be satisfied that the training and assessment given is at least equivalent to training and assessment in the theoretical and corresponding practical elements that would otherwise be required by the person for a rating without the restriction.
16A.3Under this subsection, the written report mentioned in paragraph 16A.2 may only be given by a CAO 100.66 recognised organisation in accordance with its exposition as approved by CASA for this purpose, or by a CAR 30 organisation approved, in writing, for this purpose, and for whom the holder is an employee.
Thus, if appropriately approved, both a recognised organisation and, for the first time, a CAR 30 organisation, may deliver a subset of training for this specific purpose.
A Note indicates that a CAR 30 organisation requires a specific approval to be able to give written reports. An RO’s exposition must be specifically approved for this purpose also. In each case, approval is dependent on CASA being satisfied that each proposed subset of training and assessment will be at least equivalent to that mentioned in the relevant Parts of Appendix 7.
16A.4Alternatively, under this subsection, for a restriction listed in an AAC, CASA may, in writing, remove a restriction from a holder’s restricted rating if, after taking into account any relevant considerations relating to the interests of safety, CASA is satisfied that the holder has received other training and assessment that is at least equivalent to the training and assessment mentioned in paragraph 16A.2.
[4] Appendix 2, Aircraft systems, designations and conditions and qualifications for an authority in category B1 and B2
This amendment adds mechanical systems described as Nitrogen generation system and Inert gas system (ATA 47) to the list of matters in Appendix 2 of CAO 100.66 which constitute the privileges of an appropriate B1 authority.
Appendix 2
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) of CAR 1988, 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) 2009]