Part 66 Manual of Standards Amendment Instrument 2012 (No. 1)

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Legislation au F2012L00803 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Part 66 Manual of Standards Amendment Instrument 2012 (No. 1)

 

Purpose

Part 66 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.

 

These maintenance 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, deals 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 Manual of Standards for CASR Part 66 (the MOS), setting out matters affecting the maintenance of aircraft. Under subregulation 66.015 (2) of CASR 1998, the MOS may specify a number of matters including:

(a) the privileges that a licensed aircraft maintenance engineer may exercise; and

(b) the privileges that a licensed aircraft maintenance engineer whose licence is endorsed with a rating may exercise; and

(c) that a specified aircraft type is a type-rated aircraft type for an aircraft engineer licence; and

(d) the training and experience requirements for the grant of an aircraft engineer licence; and

(e) the required subject modules for an aircraft engineer licence; and

(f) a list of levels of knowledge for the required subject modules; and

(g) the required level of knowledge for each subject module, or each part of a subject module; and

(h) the required units of competency for an aircraft engineer licence; and

(i) the basic knowledge examination standard for category training; and

(j) that a specified aircraft system is designated as 1 of the following:

 (i) avionic;

 (ii) electrical;

 (iii) mechanical;

 (iv) powerplant;

 (v) structural; and

(k) that a specified condition or limitation applies to:

 (i) the performance of maintenance certification by a licensed aircraft maintenance engineer in relation to maintenance carried out on a particular aircraft system; or

 (ii) the issue of a certificate of release to service by a licensed aircraft maintenance engineer for an aircraft in relation to maintenance carried out on a particular aircraft system.

 

These amendments clarify entitlements under MOS Part 66 to certify for, or perform, maintenance work and provide further clarity in relation to the transitional privileges set out at the end of Table 1. They also make amendments relating to a number of units of competency listed in Appendix IV. The changes correspond to version and other changes made to the Australian Qualification Framework’s competencies delivered within the Aeroskills Training Package.

 

Legislative Instruments Act (LIA)

Under regulation 66.015 of CASR 1998, MOS Part 66 was made for subsection 98 (5A) of the Act. In particular, it was issued under paragraph 98 (5A) (b). Under subsection 98 (5B) of the Act, MOS Part 66 is, therefore, a legislative instrument but the effect of Part 6 of the Legislative Instruments Act 2003 (sunsetting of legislative instruments) is excluded.

 

Consultation

CASA has held discussions on the draft changes with representatives of the aviation industry, including aircraft operators and training and maintenance organisations. The changes to the competencies were discussed with NARTOCoP, the reference group of the Registered Training Organisations delivering aeroskills training that leads to A, B1 and B2 licences. The attached amendments have been displayed on the CASA internet site under regulation 11.280 of CASR 1998 since 20 December 2011 and CASA has not received any comments on the proposals. The required posting period of 28 days before making has been met.

 

CASA has complied with the consultation requirements in Subpart 11.J of CASR 1998 and section 17 of the LIA.

 

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.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement was prepared for CASR Part 66 and assessed by OBPR as meeting the Government’s Best Practice Regulation Requirements (OBPR ID: 11558). Having been made under CASR Part 66, the same OBPR outcome extends to MOS Part 66.

 

Making and commencement

MOS Part 66 commences on the day after registration.

 

The instrument has been made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

[Part 66 Manual of Standards Amendment Instrument 2012 (No.1)]

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) Part 66 Manual of Standards Amendment Instrument 2012 (No. 1) was enacted to ensure the safety of air navigation by aligning the Australian regulatory approach to aircraft maintenance with the European Aviation Safety Agency (EASA) standards. This amendment was introduced to address the need for consistent and internationally recognised maintenance standards, which are crucial for ensuring the safety and airworthiness of aircraft. The instrument was made under subsection 98(1) of the Civil Aviation Act 1988, allowing the Governor-General to create regulations for the Act in the interest of air navigation safety. The Civil Aviation Safety Authority (CASA), empowered by regulation 66.015 of CASR 1998, issued these amendments to provide further clarity on entitlements and transitional privileges under the Manual of Standards Part 66. The policy objective is to maintain and enhance the safety of civil aviation in Australia by adopting internationally recognised maintenance standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, particularly Part 66, applies to aircraft engineers and their licences and ratings, as well as the maintenance of aircraft in Australia. This regulation, which is a legislative instrument under the Civil Aviation Act 1988, ensures that the maintenance standards for aircraft in Australia are equivalent to those set by the European Aviation Safety Agency (EASA). It is applicable to all entities involved in the maintenance of aircraft within Australia, including licensed aircraft maintenance engineers and the organisations that employ them. The Civil Aviation Safety Regulations 1998 cover all aircraft maintenance activities performed within Australian territory, ensuring that safety standards are uniformly applied across the nation. The Act excludes itself from the sunsetting provisions of the Legislative Instruments Act 2003, ensuring its continued application without the need for periodic re-enactment. The scope of MOS Part 66 extends to the specification of training and experience requirements, the knowledge levels for subject modules, and the units of competency for aircraft engineer licences, among other details.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998), as amended by the Part 66 Manual of Standards Amendment Instrument 2012 (No. 1), focus on the maintenance and certification of aircraft in Australia. Part 66 of CASR 1998, known as the Manual of Standards (MOS Part 66), outlines the requirements for aircraft engineer licences and ratings. This includes the privileges that licensed aircraft maintenance engineers may exercise (section 66.015(2)(a)), the training and experience requirements for obtaining a licence (section 66.015(2)(d)), and the required units of competency (section 66.015(2)(h)). The MOS Part 66 also specifies the required subject modules and levels of knowledge (sections 66.015(2)(e) and (f)), and the examination standards for category training (section 66.015(2)(i)). Furthermore, it designates aircraft systems such as avionics, electrical, mechanical, powerplant, and structural (section 66.015(2)(j)), and applies conditions or limitations to the performance of maintenance by licensed aircraft maintenance engineers (section 66.015(2)(k)). These amendments ensure that the MOS Part 66 remains aligned with the Australian Qualification Framework’s competencies delivered within the Aeroskills Training Package. Entities governed by MOS Part 66, such as aircraft maintenance engineers, must comply with the training, experience, and competency requirements outlined in the regulations. Licensed aircraft maintenance engineers must adhere to the privileges specified for their licences, including any endorsements and type ratings. They must also comply with any conditions or limitations on the performance of maintenance work as designated in the MOS Part 66. Training and maintenance organisations must ensure that their training programs meet the required units of competency and subject modules, and that their trainees achieve the necessary levels of knowledge. Aircraft operators must ensure that maintenance is performed by qualified and licensed personnel in accordance with the regulations. Breach of the provisions in MOS Part 66 may result in civil or criminal penalties. For example, performing maintenance without the required licence or rating could lead to fines or imprisonment. The Civil Aviation Act 1988 and the CASR 1998 provide for a range of penalties for non-compliance, including fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as potential imprisonment terms. The exact penalties depend on the specific breach and the circumstances of the case. Additionally, non-compliance may result in the suspension or revocation of an aircraft engineer licence, impacting an individual's ability to perform maintenance work.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.