Explanatory Statement
Civil Aviation Safety Regulations 1998
Part 145 Manual of Standards Amendment Instrument 2012 (No. 2)
Purpose of Manual of Standards
The Part 145 Manual of Standards (the MOS) sets out the requirements to be met by an organisation approved under Part 145 of the Civil Aviation Safety Regulations 1998 (CASR 1998) to perform maintenance of aircraft and aeronautical products and to provide training and assessment of employees of the organisation.
Background
As a matter of safety policy, CASA has adopted the regulatory approach to maintenance promulgated by the European Aviation Safety Agency (EASA). The specifications set out in the MOS have been developed to be closely aligned with EASA Part 145.
Legislation — the Act
Under subsection 98 (1) of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
CASR Part 145
Part 145 of CASR 1998 (CASR Part 145), Continuing airworthiness – Part 145 approved maintenance organisations, deals with requirements for approval as a Part 145 organisation and requirements that apply to a Part 145 approved organisation.
Under subsection 98 (5A) of the Act, the regulations may empower CASA to issue instruments in relation to the maintenance or airworthiness of aircraft.
To this end, under regulation 145.015 of CASR 1998, CASA is empowered to issue a MOS for CASR Part 145, setting out matters affecting the airworthiness or maintenance of aircraft. Under subregulation 145.015 (2) of CASR 1998, the MOS may specify several matters.
Those matters have all been specified in the MOS. To obtain approval to be a maintenance organisation, an organisation must write, submit and keep updated an “exposition”. To support their exposition, they must have a documented set of procedures to show how they meet the requirements of Part 145. These requirements include provisions for facilities, management and technical staff requirements, production planning, maintenance procedures, maintenance recording processes and procedures, and safety and quality policies and procedures.
Section 145.A.35 of the MOS sets out the requirements for issuing a certification authorisation for maintenance work. Before allowing an employee to issue or reissue a certification authorisation, a maintenance organisation must ensure that the certifying employee has an adequate understanding of the aircraft and/or aeronautical products referred to in their certification authorisation and the organisation’s procedures and exposition.
The amendments of section 145.A.35 set out the conditions for holders of aircraft maintenance engineer (AME) licences rated category B2 to exercise category A maintenance certification privileges on an aircraft type for which they hold the aircraft type rating. Category B2 licence holders may do so only after satisfactory completion of relevant category A aircraft type and task training carried out by a Part 145 or maintenance training organisation.
Before exercising certification privileges on type-rated aircraft, category B2 licence holders will require relevant category A aircraft task training and 6 months of documented practical experience.
The changes adopt recent changes to the European Commission Regulation 2042/2003 (EASA Parts 66 and 145).
Other amendments include replacement of the definition of main location. There are also changes of an editorial nature, to correct an incorrect reference and for consistency in style.
Legislative Instruments Act
Under regulation 145.015 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 (LIA) (sunsetting of legislative instruments) is excluded.
Consultation
CASA published particulars of the MOS amendment on its internet site under regulation 11.280 of CASR 1998 and invited comments from the public and aviation industry. The amendments were displayed on the CASA site for the required period of 28 days before making. Changes were made to the displayed amendments following receipt of comments.
CASA has complied with the consultation requirements under section 17 of the LIA and Subpart 11.J of CASR 1998.
Human rights compatibility
This instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights and does not raise any human rights issues.
Human rights implications
The instrument sets out technical requirements for the exercise of privileges as described above. The instrument does not engage any of the applicable rights or freedoms.
Office of Best Practice Regulation (OBPR)
A Regulation Impact Statement was prepared for CASR Part 145 and assessed by OBPR as meeting the Australian Government’s Best Practice Regulation requirements (OBPR ID: 11558). Having been made under CASR Part 145, the same OBPR outcome extends to this amending instrument.
Making and commencement
The MOS amendment commences on the day after registration.
The instrument has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.
[Part 145 Manual of Standards Amendment Instrument 2012 (No. 2)]