Notice of Making Of Civil Aviation Order 100.5 Amendment Instrument 2015 (No. 1)

Overview

The Civil Aviation Order 100.5 Amendment Instrument 2015 (No. 1) was enacted to address gaps in airworthiness directives and maintenance directions for specific types of aircraft not covered under Part 42 of the Civil Aviation Safety Regulations 1998. This amendment was introduced to ensure that certain aircraft maintain higher safety standards by incorporating updated maintenance directives. The instrument was made by the Civil Aviation Safety Authority (CASA) and it commenced on 22 December 2015 following registration on the Federal Register of Legislative Instruments. The policy objective behind the amendment is to enhance the safety and compliance of aircraft operations by providing clear and enforceable maintenance directions that were previously not adequately covered by existing regulations. This legislative change is crucial in ensuring that all aircraft, irrespective of their specific operational context, adhere to stringent safety standards.

Scope and Application

The Civil Aviation Order 100.5 Amendment Instrument 2015 (No. 1) pertains to the amendment of Civil Aviation Order 100.5 (CAO 100.5) to incorporate specific airworthiness directives (ADs) as maintenance directions for aircraft that do not fall under Part 42 of the Civil Aviation Safety Regulations 1998. This amendment ensures that these ADs are tailored to address the maintenance needs of non-Part 42 aircraft, thereby enhancing safety and compliance within this subset of the aviation industry. The amendment also covers the maintenance of certain navigation systems, previously addressed by Civil Aviation Order 108.34, which has since been repealed, and specifies certain maintenance requirements for approved single engine turbine-powered aeroplanes involved in passenger-carrying charter operations at night. The CAO amendment was made on 21 December 2015 and came into effect on 22 December 2015 following registration on the Federal Register of Legislative Instruments. The amendment applies to all persons and entities involved in the maintenance of the specified aircraft, ensuring they adhere to the new maintenance directions outlined in the CAO amendment.

Key Provisions

The Civil Aviation Order 100.5 Amendment Instrument 2015 (No. 1) (CAO amendment) amends Civil Aviation Order 100.5 (CAO 100.5) to integrate specific airworthiness directives (ADs) as maintenance directions for aircraft that do not fall under Part 42 of the Civil Aviation Safety Regulations 1998 (sections 100.5(1) and 100.5(2)). This means that the ADs will now only apply to these particular aircraft. The amendments also address the maintenance of certain navigation systems that were previously governed by Civil Aviation Order 108.34, which has been repealed (section 100.5(3)). Additionally, the CAO amendment includes provisions for the maintenance of approved single engine turbine-powered aeroplanes engaged in passenger-carrying charter operations conducted at night (section 100.5(4)). The CAO amendment imposes certain obligations on parties involved in the maintenance of aircraft. Firstly, it requires compliance with the new maintenance directions for aircraft not covered by Part 42 of the Civil Aviation Safety Regulations 1998 (sections 100.5(1) and 100.5(2)). Secondly, it mandates adherence to the maintenance requirements for navigation systems previously regulated by the repealed Civil Aviation Order 108.34 (section 100.5(3)). Lastly, it establishes specific maintenance protocols for approved single engine turbine-powered aeroplanes used in night charter operations (section 100.5(4)). All these obligations are necessary to ensure the airworthiness and safety of the aircraft involved. Failure to comply with the maintenance directions specified in the CAO amendment may result in civil and criminal consequences. The Civil Aviation Safety Authority (CASA) has the authority to enforce these provisions under subregulation 38(1) of the Civil Aviation Regulations 1988 (CAR 1988). Under subregulation 38(2), a direction is not binding unless it has been served on the relevant person. A direction issued in Civil Aviation Orders is deemed to have been served on the day notice of the making of the Order is published in the Gazette (subregulation 5(3)). Penalties for non-compliance may include fines and, in serious cases, imprisonment, as outlined in the applicable regulations and directives. The specific maximum penalties are not detailed in the CAO amendment but can be found in the relevant Civil Aviation Orders and Regulations.