Civil Aviation Regulations (Amendment) 1997 No. 111
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 111
Issued by the authority of the Minister for Transport and Regional Development
Civil Aviation Act 1988
Civil Aviation Regulations (Amendment)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation. The Civil Aviation Regulations (the Regulations) have been made under that provision.
Previously, under the Regulations, the operator of a class A aircraft was required to appoint a maintenance controller for the aircraft and to have a maintenance control manual. The recent reports into the Monarch crash at Young and the Seaview crash have included recommendations that maintenance controllers for class A aircraft should be subject to approval by CASA. The Bureau of Air Safety Investigation has previously made similar recommendations.
These amendments of the Regulations give effect to these recommendations. Maintenance control manuals, as the basic document used by maintenance controllers, are an integral part of the maintenance system of class A aircraft. The amendments also include new provisions relating to these manuals under which the contents of the manual are required to be set out in detail. Provision has also been made for CASA to give directions to an operator to amend the manual and for CASA to inspect the manual.
DETAILS OF THE AMENDMENTS ARE AS FOLLOWS:
REGULATION 1
This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in these Regulations.
REGULATION 2
Regulation 2 inserts new definitions of "maintenance controller" and "maintenance control manual" in subregulation 2 (1) of the Regulations.
REGULATION 3
Regulation 3 omits the existing regulation 42ZV and substitutes 6 new regulations as follows:
* regulation 42ZV provides that the operator of a class A aircraft must appoint a maintenance controller for the aircraft and makes the appointment subject to CASA's approval;
* regulation 42ZW provides that CASA must approve the appointment if certain conditions are met and may make the approval subject to conditions;
* regulation 42ZX provides that CASA may suspend or cancel an approval on reasonable grounds and that appropriate notice of the suspension or cancellation must be given;
* regulation 42ZY provides for the matters that must be included in a maintenance control manual and that an operator must comply with the requirements of his or her maintenance manual;
* regulation 42ZZ provides that an operator must amend a maintenance control manual as necessary or if CASA directs that the manual be amended;
* regulation 42ZZA provides an operator must make the manual available for inspection by CASA.
REGULATION 4
Regulation 4 provides for decisions in relation to maintenance controllers to be "reviewable decisions" for the purposes of the Regulations.
REGULATION 5
Regulation 5 provides for savings and transitional matters in relation to existing maintenance controllers and maintenance control manuals.
The Regulations commenced on gazettal.
Overview
The Civil Aviation Regulations (Amendment) 1997 No. 111 was enacted to address deficiencies identified in the maintenance control of class A aircraft, following reports into the Monarch crash at Young and the Seaview crash. This amendment, issued by the authority of the Minister for Transport and Regional Development, seeks to enhance the safety of air navigation by ensuring that maintenance controllers for class A aircraft are subject to approval by the Civil Aviation Safety Authority (CASA). The policy objective behind these amendments is to bolster the oversight and regulation of maintenance control manuals, which are critical to the maintenance system of class A aircraft, by specifying detailed contents and mandating CASA's ability to direct amendments and conduct inspections. These measures aim to prevent future incidents by ensuring that maintenance controllers are adequately vetted and that maintenance control manuals are rigorously maintained and inspected.
Scope and Application
The Civil Aviation Regulations (Amendment) 1997 No. 111 applies to the operators of class A aircraft, mandating that they must appoint a maintenance controller for their aircraft and have a maintenance control manual. These requirements are subject to the approval of the Civil Aviation Safety Authority (CASA). This amendment responds to recommendations made following reports into the Monarch crash at Young and the Seaview crash, as well as prior recommendations from the Bureau of Air Safety Investigation. The regulations are designed to enhance safety by ensuring that maintenance controllers are approved and that maintenance control manuals meet specific standards and are subject to CASA's approval, inspection, and potential amendments. The geographic reach of these regulations is national, applying across Australia under the authority of the Civil Aviation Act 1988. No specific exclusions or exemptions are mentioned in the explanatory statement, but the detailed provisions in the regulations are subject to review and may be adjusted through subordinate instruments issued by CASA.
Key Provisions
The main operative sections of the Civil Aviation Regulations (Amendment) 1997 No. 111 involve the introduction of new regulations concerning maintenance controllers and maintenance control manuals for class A aircraft. Regulation 42ZV (paragraph 3) stipulates that the operator of a class A aircraft must appoint a maintenance controller for the aircraft, and this appointment is subject to the approval of the Civil Aviation Safety Authority (CASA). Regulation 42ZW (paragraph 3) outlines the conditions under which CASA must approve the appointment of a maintenance controller and indicates that such approval may be subject to certain conditions. Regulation 42ZY (paragraph 3) details the matters that must be included in a maintenance control manual and requires that operators comply with the requirements of their maintenance manual. Regulation 42ZZ (paragraph 3) mandates that operators must amend their maintenance control manual as necessary or if CASA directs such amendments. Lastly, Regulation 42ZZA (paragraph 3) requires that operators make their maintenance control manual available for inspection by CASA.
These amendments impose several obligations and requirements on the parties and entities governed by the Act. Operators of class A aircraft must appoint a maintenance controller, ensuring that the individual meets the conditions set forth by CASA. CASA retains the authority to approve, suspend, or cancel the appointment of a maintenance controller and can do so on reasonable grounds, provided that appropriate notice is given. Furthermore, operators must maintain a detailed maintenance control manual that includes specific matters as outlined in the Regulations. Operators are also required to make any necessary amendments to their maintenance control manual, either proactively or in response to directives from CASA. Additionally, operators must ensure that their maintenance control manual is accessible for inspection by CASA.
Breaches of these provisions can result in civil and criminal consequences. Although the specific penalties are not detailed within the explanatory statement, it is understood that non-compliance with the regulations governing the appointment of maintenance controllers and the maintenance control manuals could lead to enforcement actions. These actions may include fines, suspension, or cancellation of the operator’s licence, and potentially, criminal charges depending on the severity and intent of the breach. CASA has the authority to take such actions to ensure compliance with the safety standards set forth in the Civil Aviation Regulations.