Part 66 Manual of Standards Amendment Instrument 2017 (No. 2)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2017L01313 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Part 66 Manual of Standards Amendment Instrument 2017 (No. 2)

 

Purpose

The purpose of the Part 66 Manual of Standards Amendment Instrument 2017 (No. 2) (the No. 2 Amendment) is to amend the Part 66 Manual of Standards (Part 66 MOS) by adding the following aircraft type ratings required for aircraft engineer licences (AELs) before aircraft engineers can perform and certify for maintenance on the aircraft types:

 

  1. CIRRUS SF50 (Williams FJ33)
  2. Beech 300 Series (PWC PT6)
  3. Agusta A109 Series (PWC PW206/207)
  4. Agusta AB139/AW139 (PWC PT6)
  5. Sikorsky S-70A (T700-GE-701)
  6. Sikorsky S-92A (GE CT7-8)
  7. Eurocopter EC 175 (PWC PT6).

 

The No. 2 Amendment also makes minor editorial changes to correct existing errors and inaccuracies, or to make the type rating listing consistent with the equivalent type rating established by the European Aviation Safety Agency (EASA).

 

Legislation

Under section 9 of the Civil Aviation Act 1988 (the Act), CASA has the function of conducting the safety regulation of a range of matters including, under paragraph 9 (1) (c), developing and promulgating appropriate, clear and concise aviation safety standards.

 

Section 98 of the Act empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation. The relevant regulations are the Civil Aviation Safety Regulations 1998 (CASR). Part 66 of CASR, 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.

 

Under subsection 98 (5A) of the Act, the regulations empower CASA to issue instruments in relation to the maintenance or airworthiness of aircraft. For subsection 98 (5A) of the Act, regulation 66.015 of CASR empowers CASA to issue a Manual of Standards that specifies matters affecting the maintenance or airworthiness of aircraft.

 

Background

The Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1) were registered on 14 December 2010, to come into effect on 27 June 2011. These regulations amended CASR to create, among other things, Part 66 of CASR.

 

Part 66 of CASR deals with the various categories and types of aircraft engineer licences and ratings issued by CASA for the performance and certification of maintenance carried out on aircraft.

 

Regulation 66.015 in Part 66 of CASR empowers CASA to issue a Manual of Standards for the Part that specifies matters affecting the maintenance or airworthiness of aircraft. In particular, paragraph 66.015 (2) (e) of CASR specifies that a specified aircraft type is a type-rated aircraft type for an aircraft engineer licence.

 

Instrument

The No. 2 Amendment amends Appendix IX of the Part 66 MOS by inserting 7 new aircraft type ratings to the list of aircraft specified under Part 66 as type-rated aircraft types. It also makes minor editorial amendments to correct existing errors and inaccuracies, or to make the type rating listing consistent with the equivalent type rating established by EASA.

 

CASA has assessed the submissions by operators and maintenance organisations for inclusion on the list of aircraft specified under Part 66 as type-rated aircraft types and determined that there is no impact on the safety of air navigation.

 

Legislation Act 2003 (the LA)

Paragraph 98 (5A) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation of aircraft. Under subsection 98 (5AA) (a) of the Act, such an instrument is a legislative instrument for the LA if it is expressed to apply in relation to a class of persons. The Part 66 MOS is a legislative instrument since it applies to a class of persons, being aircraft engineers.

 

Paragraph 10 (1) (d) of the LA provides that an instrument will be a legislative instrument if it includes a provision that amends another legislative instrument.

 

Therefore, the No. 2 Amendment is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

The No. 2 Amendment is machinery in nature. It makes changes to Appendix IX of the Part 66 MOS by inserting new aircraft type ratings and corrects minor editorial errors or makes the type rating listing consistent with equivalent EASA type ratings. Recognition of the new aircraft type ratings is in response to new aircraft being introduced into the fleet of Australian operators and is required to enable the operators’ aircraft maintenance engineers to meet the qualification requirements for endorsement of that rating on an individual’s AEL. The editorial amendments are beneficial to, and expected by, the industry.

 

The Director of Aviation Safety has issued an instrument of determination under paragraph 11.275 (1) (d) of CASR that determines that it is necessary to issue the No. 2 Amendment as soon as practicable in the interests of aviation safety. CASA is satisfied that no consultation is appropriate or reasonably practicable for this instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because the instrument is covered by a standing agreement between CASA and OBPR under which a RIS is not required (OBPR id: 14507).

 

Statement of Compatibility with Human Rights

The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument is compatible with human rights, as it engages in a positive way with the right to work.

 

Making and commencement

The No. 2 Amendment has been made by the Director of Aviation Safety, on behalf of CASA, in accordance with subsection 73 (2) of the Act.

 

The No. 2 Amendment commences on the day after registration and will be repealed in accordance with section 48A of the LA.

 

[Part 66 Manual of Standards Amendment Instrument 2017 (No. 2)]

Appendix 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

Part 66 Manual of Standards Amendment Instrument 2017 (No. 2)

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The purpose of the Part 66 Manual of Standards Amendment Instrument 2017 (No. 2) (the No. 2 Amendment) is to amend the Part 66 Manual of Standards to insert 7 new aircraft type ratings to the list of aircraft specified under Part 66 as type-rated aircraft types. Ratings for these new aircraft types are required by aircraft engineer licence holders before they are able to carry out and certify for maintenance on those specific types of aircraft. The No. 2 Amendment also makes minor editorial amendments to correct existing errors and inaccuracies, and to make the type rating listing consistent with the equivalent type ratings established by EASA. The amendments are minor or machinery in nature, consistent with existing CASA policy and are beneficial to industry.

 

Human rights implications

The legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The instrument engages in a positive way with the right to work by facilitating the performance of professional maintenance activities on the aircraft types.

 

Conclusion

The No. 2 Amendment as a legislative instrument is compatible with human rights.

Civil Aviation Safety Authority

Overview

The Part 66 Manual of Standards Amendment Instrument 2017 (No. 2) was enacted to address the need for updating the Part 66 Manual of Standards (Part 66 MOS) to include new aircraft type ratings for aircraft engineer licences (AELs). This instrument was introduced to ensure that aircraft engineers are adequately qualified to perform and certify maintenance on specific aircraft types, thereby maintaining the safety and airworthiness of these aircraft. The Civil Aviation Safety Authority (CASA) introduced this amendment under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The policy objective of this amendment was to keep the regulatory framework up-to-date with the evolving aviation industry, ensuring alignment with international standards set by the European Aviation Safety Agency (EASA) and addressing any existing discrepancies in the type rating listings. The No. 2 Amendment, made by the Director of Aviation Safety on behalf of CASA, is a legislative instrument that aligns with the legislative powers provided by the Legislation Act 2003. It introduces seven new aircraft type ratings into the Part 66 MOS and includes minor editorial changes to correct errors and ensure consistency with EASA type ratings. This amendment was determined to be machinery in nature and did not require extensive consultation as it was deemed beneficial to the industry and necessary for aviation safety. The instrument also complies with the Human Rights (Parliamentary Scrutiny) Act 2011, affirming its compatibility with human rights by facilitating professional maintenance activities on the specified aircraft types.

Scope and Application

The Part 66 Manual of Standards Amendment Instrument 2017 (No. 2) applies to aircraft engineers who hold or seek to hold an aircraft engineer licence (AEL) under the Civil Aviation Safety Regulations 1998. This includes individuals working for or on behalf of aircraft maintenance organisations in Australia. The amendment mandates that these engineers must obtain specific aircraft type ratings for the aircraft types listed, including the Cirrus SF50, Beech 300 Series, Agusta A109 Series, Agusta AB139/AW139, Sikorsky S-70A, Sikorsky S-92A, and Eurocopter EC 175, before they can perform and certify maintenance on these aircraft. This amendment also involves minor editorial changes to ensure consistency with the European Aviation Safety Agency's (EASA) type rating standards. The legislative instrument operates under the authority granted by the Civil Aviation Act 1988, and the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to promulgate safety standards and regulations. The amendment does not specify any exclusions or exemptions but ensures that the safety of air navigation is upheld by requiring specific qualifications for engineers working on particular aircraft types. The amendment is a legislative instrument, subject to tabling and disallowance in the Parliament, as outlined in the Legislation Act 2003.

Key Provisions

The Part 66 Manual of Standards Amendment Instrument 2017 (No. 2) (No. 2 Amendment) primarily focuses on updating the list of aircraft type ratings required for aircraft engineer licences (AELs) under the Civil Aviation Safety Regulations 1998 (CASR). Section 98 of the Civil Aviation Act 1988 grants the Civil Aviation Safety Authority (CASA) the authority to issue regulations and standards for aviation safety. The No. 2 Amendment specifically amends Appendix IX of Part 66 MOS by adding seven new aircraft type ratings: the Cirrus SF50 (Williams FJ33), Beech 300 Series (PWC PT6), Agusta A109 Series (PWC PW206/207), Agusta AB139/AW139 (PWC PT6), Sikorsky S-70A (T700-GE-701), Sikorsky S-92A (GE CT7-8), and Eurocopter EC 175 (PWC PT6). These ratings must be obtained by aircraft engineers before they can perform and certify maintenance on these specific aircraft types. The amendment also includes minor editorial changes to correct inaccuracies and align the type rating listing with the European Aviation Safety Agency (EASA) standards. The No. 2 Amendment imposes several obligations on the parties and entities it governs. Primarily, it requires aircraft engineers who wish to perform maintenance on the newly listed aircraft types to obtain the necessary type ratings. This is crucial for ensuring that only qualified personnel work on these aircraft, thereby maintaining high safety standards in aviation maintenance. Additionally, the amendment mandates that CASA, as the regulatory body, updates and maintains the Part 66 MOS to reflect these changes. CASA must also ensure that any minor editorial amendments are consistent with EASA standards, reflecting a commitment to international aviation safety norms. Failure to comply with the requirements set out in the No. 2 Amendment can lead to significant consequences. While the legislation does not explicitly outline specific offences or penalties for non-compliance with the new type ratings, any breach of the CASR can result in civil or criminal penalties. Under section 48A of the Legislation Act 2003, contraventions of the regulations can lead to fines and, in severe cases, imprisonment. The specific penalties are not detailed in the No. 2 Amendment but are generally governed by the broader provisions of the CASR and other relevant legislation. This underscores the importance of adhering to the new type rating requirements to avoid potential legal ramifications.

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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.