Explanatory Statement
Civil Aviation Safety Regulations 1998
Part 147 Manual of Standards Amendment Instrument 2011 (No. 2)
Purpose
The Part 147 Manual of Standards (the MOS) sets out the requirements to be met by an organisation holding an approval issued under Part 147 of the Civil Aviation Safety Regulations 1998 (CASR 1998) to conduct training and assessment.
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 147.
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 147
These regulations are contained in CASR 1998. In particular, Part 147 of CASR 1998 (CASR Part 147), Continuing airworthiness – maintenance training organisations (MTO), sets out matters, including requirements for approval as an MTO and requirements that apply to an MTO.
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 147.015 of CASR 1998, CASA is empowered to issue a MOS for CASR Part 147, setting out matters affecting the airworthiness or maintenance of aircraft.
This amendment corrects minor typographical errors and inconsistencies.
Consultation
Consultation under section 17 of Legislative Instruments Act 2003 has not been undertaken this time as appropriate and extensive consultation has already been undertaken by CASA in the development of CASR Part 147 and the MOS. CASA used various consultation methods, including use of existing Standards Consultative Committee and Maintenance Sub-committee mechanisms, website content, road shows in a variety of locations throughout Australia, and the issue of a Notice of Proposed Rule Making.
Office of Best Practice Regulation (OBPR)
OBPR has advised that no new Regulation Impact Statement (RIS) is required as the RIS prepared for the maintenance suite (CASR Parts 42, 66, 145 and 147) extends to this amendment which is of machinery nature.
Making and commencement
The MOS 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 147 Manual of Standards Amendment Instrument 2011 (No. 2)]
Overview
The Civil Aviation Safety Regulations 1998 (CASR 1998) Amendment Instrument 2011 (No. 2) was enacted to address minor typographical errors and inconsistencies in the Part 147 Manual of Standards (MOS) which sets out the requirements for organisations approved to conduct training and assessment under CASR Part 147. This amendment was introduced to ensure the regulatory framework aligns closely with the European Aviation Safety Agency (EASA) Part 147, maintaining high safety standards in the aviation industry. The Australian Civil Aviation Safety Authority (CASA) is the enacting body responsible for this amendment, which was made in accordance with subsection 73(2) of the Civil Aviation Act 1988. The policy objective is to uphold the safety of air navigation by ensuring that the regulatory requirements for maintenance training organisations are precise and effectively communicated.
Scope and Application
The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended by the Part 147 Manual of Standards Amendment Instrument 2011 (No. 2), pertain to organisations that have obtained an approval under Part 147 of CASR 1998 to conduct training and assessment, commonly referred to as maintenance training organisations (MTO). This regulation applies to any entity involved in the training and assessment of personnel within the aviation industry, ensuring that such organisations meet specified safety and competency standards. The geographical scope of these regulations is nationwide, applying across the Commonwealth of Australia, thereby establishing uniform standards and expectations for all MTOs operating within the country's jurisdiction. There are no exclusions, exemptions, or specific thresholds mentioned in the text, implying that all approved MTOs are subject to these standards. The application of these regulations can be further defined or restricted through subordinate instruments, although no such extensions are detailed in the provided text.
Key Provisions
The Civil Aviation Safety Regulations 1998, as amended by the Part 147 Manual of Standards Amendment Instrument 2011 (No. 2), establish the requirements for organisations holding approvals under Part 147 of the Civil Aviation Safety Regulations 1998 to conduct training and assessment for maintaining aircraft airworthiness. This amendment instrument, which corrects minor typographical errors and inconsistencies, aligns closely with the regulatory approach adopted by the European Aviation Safety Agency (EASA) and is intended to enhance the safety and effectiveness of maintenance training. The primary sections of this regulation (sections 1 to 5) provide the framework for the approval process, the standards that must be met, and the procedures for maintaining those standards.
Organisations that hold an approval under Part 147 must comply with the requirements set out in the Manual of Standards (MOS). These requirements include having a comprehensive training program that meets the criteria for curriculum design, instructor qualifications, and facilities. The organisation must also have a robust assessment system that ensures trainees are adequately prepared for practical and theoretical evaluations. The MOS stipulates that training providers must have documented evidence of their training programs, assessments, and quality control measures. These requirements ensure that the training provided is of a high standard and meets the necessary regulatory expectations.
The Act imposes various obligations on the parties governed by the Civil Aviation Safety Regulations 1998. Organisations must ensure that their training programs and assessment processes comply with the MOS. They must maintain records of all training activities, assessments, and qualifications issued. Additionally, they are required to notify the Civil Aviation Safety Authority (CASA) of any significant changes to their training programs or assessment processes. Failure to comply with these obligations can result in the suspension or revocation of their approval, which could lead to significant operational disruptions and potential safety risks.
Breach of the regulations outlined in the Civil Aviation Safety Regulations 1998 can lead to serious consequences. Organisations that fail to meet the standards set out in the MOS may face penalties, including fines and potential criminal charges. The maximum penalties for non-compliance can be substantial, reflecting the critical importance of maintaining high safety standards in the aviation industry. CASA has the authority to take enforcement action against organisations that do not comply with the regulations, which can include imposing fines, ordering corrective actions, or revoking the organisation's approval to conduct training and assessment. These measures are designed to ensure that all approved training organisations maintain the highest standards of safety and quality.