NOTICE OF MAKING OF CIVIL AVIATION ORDER 100.5
AMENDMENT INSTRUMENT 2013 (NO. 2)
Notification under subregulation 5 (3) of the Civil Aviation Regulations 1988
For subregulation 5 (3) of the Civil Aviation Regulations 1988 (CAR 1988), notice of the making of Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 2) (the amendment instrument) is given.
The amendment instrument substitutes a new subsection 9 into the Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 1) (the earlier amendment) to provide that the registered operator of an Australian aircraft must comply with the maintenance requirements identified in the aircraft’s approved design as one of the following: the Certification Maintenance Requirements (CMR); airworthiness limitations (AWL).
The amendment also defines CMR as the required scheduled maintenance tasks which were established during the design certification of an aircraft as operating limitations of the aircraft’s type certificate (TC) or supplemental type certificate (STC).
In paragraph 12.2 of the transitional provisions for determining when the first pressure altimeter tests were required under Airworthiness Directive AD/INST8 Amdt 4, and Airworthiness Directive AD/INST9 Amdt 6, the earlier amendment took account of one, but not the other, of alternative interval requirements of 24 months and 36 months (applicable depending on the specific “Requirements” of the test procedures adopted). This is corrected by inserting mentions of the relevant “Requirement 1” into the proposed paragraph 12.2 to reference the existing 24 month procedure, and by inserting mentions of “Requirement 2 a.” into a new proposed paragraph 12.2A to reference the omitted 36 month procedure.
The earlier amendment was to commence on 1 August 2013, and the amendment instrument commences immediately before it to make the changes described above, after registration on the Federal Register of Legislative Instruments (FRLI), FRLI number F2013L01486.
Under subregulation 38 (2) of CAR 1988, a maintenance direction is not binding on a person unless it has been served on that person.
Under subregulation 5 (3), a direction that is issued in Civil Aviation Orders is taken to have been served on a person to whom the direction relates on the day on which notice of the making of the Order is notified in the Gazette.
[Signed A. Anastasi]
Adam Anastasi
General Counsel and
Executive Manager
Legal Services Division
CIVIL AVIATION SAFETY AUTHORITY
31 July 2013
Overview
The Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 2) was enacted to address specific issues identified in the initial Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 1). This amendment was introduced to ensure that the registered operators of Australian aircraft comply with the maintenance requirements specified in their aircraft’s approved design, either through the Certification Maintenance Requirements (CMR) or airworthiness limitations (AWL). The CMR are defined as the required scheduled maintenance tasks established during the design certification of an aircraft, operating under its type certificate (TC) or supplemental type certificate (STC). This amendment was made by the Civil Aviation Safety Authority, and the policy objective was to correct an oversight in the transitional provisions regarding pressure altimeter tests, thereby ensuring adherence to the appropriate maintenance intervals. The amendment instrument was enacted immediately before the commencement of the earlier amendment, on 1 August 2013, following its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 2) applies to registered operators of Australian aircraft, ensuring compliance with specific maintenance requirements as defined in the aircraft's approved design. This includes adherence to either the Certification Maintenance Requirements (CMR) or airworthiness limitations (AWL) as outlined in the relevant type certificate (TC) or supplemental type certificate (STC) of the aircraft. The amendment rectifies an oversight from the earlier amendment by specifying the correct interval requirements for pressure altimeter tests, referencing both the 24-month and 36-month procedures. The amendment instrument itself has immediate effect, superseding the earlier amendment scheduled to commence on 1 August 2013. The instrument’s binding nature is confirmed under the Civil Aviation Regulations 1988, which stipulates that a maintenance direction becomes effective upon notification in the Gazette. The scope of this legislation is nationwide, impacting all registered operators of Australian aircraft operating within the Commonwealth of Australia.
Key Provisions
The Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 2) modifies the Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 1) by introducing a new subsection 9 (1). This subsection requires the registered operator of an Australian aircraft to adhere to maintenance requirements as specified in the aircraft's approved design. These requirements can be either the Certification Maintenance Requirements (CMR) or the airworthiness limitations (AWL). The CMR is defined as the scheduled maintenance tasks established during the design certification of an aircraft, operating within the limitations of the aircraft's type certificate (TC) or supplemental type certificate (STC). This amendment ensures that operators must follow the specific maintenance tasks outlined in the aircraft’s design certification, providing clear guidelines on the maintenance standards to be upheld.
The obligations imposed by the Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 2) on registered operators include strict adherence to the maintenance requirements outlined in the aircraft's approved design. These requirements can be either the Certification Maintenance Requirements (CMR) or the airworthiness limitations (AWL), depending on the specific details of the aircraft's design certification. Registered operators must ensure that they follow the maintenance tasks specified during the design certification to maintain the airworthiness of their aircraft. This involves meticulous record-keeping and timely execution of the prescribed maintenance activities to avoid any potential safety risks.
The amendment instrument also addresses a correction in the transitional provisions regarding pressure altimeter tests required under Airworthiness Directive AD/INST8 Amdt 4 and Airworthiness Directive AD/INST9 Amdt 6. The earlier amendment had inadvertently omitted one of the alternative interval requirements—either 24 months or 36 months—depending on the specific test procedures adopted. This oversight is rectified by the amendment instrument, which now correctly references both the 24-month procedure as "Requirement 1" and the 36-month procedure as "Requirement 2 a." This ensures that operators can correctly determine when the first pressure altimeter tests are required, thereby maintaining the safety standards set forth by the Civil Aviation Regulations 1988. The amendment instrument's provisions are designed to enhance compliance and safety, with the intent to prevent any potential lapses in the maintenance schedule. Failure to comply with these requirements may result in serious safety risks and potential legal consequences for the operators.