Explanatory Statement
Civil Aviation Safety Regulations 1998
Manual of Standards Part 66 Amendment Instrument (No. 2) 2011
Purpose
Manual of Standards (MOS) Part 66 is intended to be equivalent to the European Aviation Safety Agency (EASA) Part 66 and provides for adoption of the EASA licence ratings for Australia.
Background
As a matter of safety policy, CASA has adopted the regulatory approach to maintenance promulgated by EASA. The specifications set out in MOS Part 66 have been developed to be closely aligned with EASA Part 66.
Legislation — the Act
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation.
Legislation — CASR Part 66
These regulations are contained in the Civil Aviation Safety Regulations 1998 (CASR 1998). In particular, Part 66 of CASR 1998 (CASR Part 66), Continuing airworthiness – aircraft engineer licences and ratings, which commences on 27 June 2011, will deal with licences and ratings for the performance of maintenance certifications and issuing certificates of release to service for aircraft in relation to maintenance carried out on aircraft.
Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to the maintenance or airworthiness of aircraft.
Under regulation 66.015 of CASR 1998, CASA is empowered to issue a MOS for CASR Part 66, setting out matters affecting the maintenance of aircraft. Under subregulation 66.015 (2) of CASR 1998, the MOS may, in particular, specify several matters.
MOS Part 66 (the MOS) makes provision for all the specified matters and includes the use of EASA categories of aircraft maintenance authorities, namely, categories A, B1, B2 and C, and related aircraft type ratings, awarded on the basis of compliance with detailed knowledge and competency training and assessment.
This instrument corrects various minor errors in the MOS. It makes changes of an editorial nature that standardise cross-references to provisions of the MOS and to regulations in CASR 1998. It also corrects the title to the MOS so that it is consistent with the references to the MOS in CASR 1998.
In accordance with regulation 11.280 of CASR 1998, the instrument was displayed on the World Wide Web for 28 days before making.
Legislative Instruments Act
Under regulation 66.015 of CASR 1998, the MOS was made for subsection 98 (5A) of the Act. In particular, it was issued under paragraph 98 (5A) (a). Under subsection 98 (5AA) of the Act, the MOS is, therefore, a legislative instrument but the effect of Part 6 of the Legislative Instruments Act 2003 (the LIA) (sunsetting of legislative instruments) is excluded.
Consultation
Consultation under section 17 of the LIA was undertaken as follows. CASA published the details of the MOS amendment on its website and invited comments from the public and aviation industry. CASA received 9 responses to this publication which were evaluated by CASA and taken into account in preparing the Amendment Instrument.
Office of Best Practice Regulation (OBPR)
OBPR has assessed that the maintenance suite’s (CASR Part 42, 66, 145 and 147) Regulation Impact Statement meets the Government’s best practice regulation requirements. Having been made under CASR Part 66, the same OBPR outcome extends to MOS Part 66 and this instrument.
Making and commencement
The instrument commences immediately after the MOS which commences on 27 June 2011.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Manual of Standards Part 66 Amendment Instrument (No. 2) 2011]
Overview
The Civil Aviation Safety Regulations 1998 Manual of Standards Part 66 Amendment Instrument (No. 2) 2011 was enacted to address issues and ensure the accuracy and consistency of the Manual of Standards (MOS) Part 66. This instrument was introduced to align closely with the European Aviation Safety Agency (EASA) Part 66 standards, enhancing safety policies by adopting the regulatory approach to maintenance promulgated by EASA. It was developed under the authority granted to the Civil Aviation Safety Authority (CASA) by subsection 98(1) of the Civil Aviation Act 1988. The policy objective is to ensure that the specifications set out in MOS Part 66 are closely aligned with EASA Part 66, thereby maintaining high safety standards in aircraft maintenance and airworthiness. The instrument was made by the Director of Aviation Safety on behalf of CASA, in accordance with subsection 73(2) of the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (the Act) apply to all persons and entities involved in the maintenance of aircraft, including aircraft engineers and their employers, across Australia. This legislation ensures that maintenance practices align with international safety standards, specifically those set by the European Aviation Safety Agency (EASA). The Act empowers the Civil Aviation Safety Authority (CASA) to issue regulations and the Manual of Standards (MOS) Part 66, which outlines the licensing and rating requirements for aircraft engineers to perform maintenance and issue certificates of release to service. The MOS Part 66 adopts EASA categories of aircraft maintenance authorities, including categories A, B1, B2, and C, ensuring that Australian standards are equivalent to those in Europe. The regulations extend nationally and are intended to enhance the safety of air navigation in Australia. Any exclusions, exemptions, or thresholds are specified within the CASR 1998 and MOS Part 66, ensuring that all maintenance activities are conducted under stringent safety protocols. The application of these regulations can be further refined through subordinate instruments issued by CASA, in line with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CASR 1998) have been amended by the Manual of Standards (MOS) Part 66 Amendment Instrument (No. 2) 2011, which is effective from 27 June 2011. This amendment is intended to ensure that MOS Part 66 is aligned with the European Aviation Safety Agency (EASA) Part 66, thereby maintaining safety standards in the aviation industry. The primary objective of the MOS Part 66 is to specify the requirements for aircraft engineer licences and ratings, which are necessary for performing maintenance certifications and issuing certificates of release to service for aircraft (CASR Part 66 s. 66.015).
Entities governed by this Act must adhere to the detailed knowledge and competency training and assessment requirements set out in MOS Part 66. This includes compliance with the specified categories of aircraft maintenance authorities (A, B1, B2, and C) and related aircraft type ratings. The MOS sets out standards that must be met to ensure the continued airworthiness of aircraft, focusing on the qualifications and competencies of aircraft engineers and technicians who perform maintenance activities (CASR Part 66 s. 66.015(2)). The Civil Aviation Safety Authority (CASA) has the authority to issue and enforce these standards, ensuring that all maintenance work is carried out by appropriately qualified personnel.
Failure to comply with the requirements set out in MOS Part 66 can result in significant legal consequences. While the specific penalties for non-compliance are not detailed in the text, it is understood that breaches of CASR 1998 can lead to enforcement actions by CASA. These actions may include fines, suspension or revocation of licences, and other regulatory sanctions. The seriousness of non-compliance underscores the importance of adhering to the specified standards to maintain the high safety standards required in the aviation industry.