Part 66 Manual of Standards Amendment Instrument 2018 (No. 1)

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

Legislation au F2018L00640 Not in force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

Part 66 Manual of Standards Amendment Instrument 2018 (No. 1)

 

Purpose

The Part 66 Manual of Standards Amendment Instrument 2018 (No. 1) (the instrument) amends Appendix IX, Table 1 of the Part 66 Manual of Standards (the Part 66 MOS) by adding the following aircraft types, and corresponding aircraft type ratings for aircraft engineer licences (AELs) that must be held before aircraft engineers can perform and certify for maintenance on the aircraft types:

1. BOEING B787-10 (GEnx);

2. BOEING B787-10 (RR RB211 Trent 1000).

 

The instrument also contains minor or machinery-type amendments, detailed later in this Explanatory Statement.

 

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 the various categories and types of AELs and ratings issued by CASA for the performance of maintenance certifications and issuing certificates of release to service for 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. For subsection 98 (5A) of the Act, regulation 66.015 of CASR empowers CASA to issue a Manual of Standards (MOS) that specifies matters affecting the maintenance or airworthiness of aircraft. In particular:

1. Paragraph 66.015 (2) (e) of CASR provides for the MOS to specify that an aircraft type is a type rated aircraft type for an AEL.

2. Paragraph 66.015 (2) (j) of CASR provides for the MOS to specify the required units of competency for an AEL.

3. Paragraph 66.015 (2) (o) of CASR provides for the MOS to specify that a specified aircraft type, aircraft system or subset of an aircraft system is one for which a Part 145 organisation may provide training and assessment.

4. Paragraph 66.015 (2) (p) of CASR provides for the MOS to specify that a specified aircraft type is one for which a Part 145 organisation may arrange for the manufacturer of the aircraft or the aircraft engine to provide training and assessment.

 

Instrument

The instrument amends Appendix IX, Table 1 of the Part 66 MOS by inserting a new aircraft type rating to the list of aircraft specified, under Part 66 of CASR, as type rated aircraft types. The new aircraft type has commenced operations in Australia. To support the appropriate and safe operational and maintenance requirements of this aircraft type, CASA will require an AEL to be endorsed with the particular aircraft type rating after completion of CASA-approved theory and practical training for the aircraft type.

 

CASA has assessed the submissions by the relevant operator and maintenance organisation for inclusion of the aircraft type in the list of aircraft specified, in Appendix IX, Table 1 of the Part 66 MOS, as type rated aircraft types.

 

The instrument also omits an item for the Type Certificate (TC) holder, FRAKES AVIATION from Appendix IX, Table 1 of the Part 66 MOS.

 

The instrument also updates the numbering and titles of various units of competency required to be held by an applicant for an AEL, as stated in the table in Appendix IV of the Part 66 MOS. It also includes a transitional provision dealing with the situation where a person held a relevant unit of competency immediately before the commencement of the instrument and the unit of competency is updated by the instrument.

 

The instrument also amends Part 1 of Appendix IX, Table 2 of the Part 66 MOS by adding the following aircraft types, and corresponding aircraft type ratings for which on-the-job training may be provided by a Part 145 organisation:

1. EMBRAER 135ER and 135LR (RR Corp AE3007A);

2. EMBRAER 145ER and 145LR (RR Corp AE3007A).

This amendment dovetails with the existing listing of these aircraft types in Appendix IX, Table 1 of the Part 66 MOS.

 

Legislation Act 2003 (the LA)

Subsection 98 (5A) of the Act provides that CASA may issue instruments in relation to matters affecting the safe navigation and operation of aircraft. Under paragraph 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 also provides that an instrument will be a legislative instrument if it includes a provision that amends another legislative instrument. The instrument amends the Part 66 MOS, which is a legislative instrument.

 

Therefore, the instrument is a legislative instrument subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LA.

 

Consultation

The instrument amends Appendix IX, Table 1 of the Part 66 MOS by inserting a new aircraft type rating. Recognition of the new aircraft type rating is in response to the customer of an Australianapproved maintenance organisation commencing operations into Australia of the new aircraft, and the new aircraft’s maintenance requirements. The amendment is required as soon as possible to ensure that appropriate licensing standards apply to the maintenance organisation’s aircraft maintenance engineers.

 

The instrument also makes minor or machinery-type changes to the Part 66 MOS.

 

The Acting Director of Aviation Safety has issued an instrument of determination, namely instrument number CASA 37/18, under paragraphs 11.275 (1) (a) and (d) of CASR, which determines that the amendments in the instrument are:

  1. necessary to be made as soon as practicable in the interests of aviation safety; or
  2. of a minor or machinery nature that do not substantially alter existing arrangements.

 

The making of the determination permits departure by CASA from the requirements in Subpart 11.J of CASR to publish draft amendments of a MOS for consultation purposes. In these circumstances, CASA is satisfied that no consultation is appropriate or reasonably practicable for the instrument for section 17 of the LA.

 

Office of Best Practice Regulation (OBPR)

A Regulation Impact Statement (RIS) is not required because these amendments are covered by a standing agreement between CASA and OBPR under which a RIS is not required for amendments to Manuals of Standards that are of a minor or machinery nature (OBPR id: 14507) or are for the addition of aircraft types to the Part 66 MOS (OBPR id: 20488).

 

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

 

The instrument commences on the day after it is registered, and will be repealed in accordance with section 48A of the LA.

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 2018 (No. 1)

 

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 Part 66 Manual of Standards Amendment Instrument 2018 (No. 1) (the instrument) amends Appendix IX, Table 1 of the Part 66 Manual of Standards to insert a new aircraft type rating to the list of aircraft specified, under Part 66 of the Civil Aviation Safety Regulations 1998, as type rated aircraft types. The new aircraft type rating is required by aircraft engineer licence holders before they can carry out and certify for maintenance on this type of aircraft. The instrument also makes minor or machinery-type amendments. The amendments are consistent with existing CASA policy and are beneficial to industry.

 

Human rights implications

The 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 new aircraft type.

 

Conclusion

The instrument is compatible with human rights.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to establish safety standards for the aviation industry in Australia, with a focus on ensuring the safe operation of aircraft. The Part 66 Manual of Standards Amendment Instrument 2018 (No. 1) was introduced by the Civil Aviation Safety Authority (CASA) to address the need for updated licensing requirements for aircraft engineers working on newly introduced aircraft types. This instrument was necessary to ensure that maintenance engineers are appropriately trained and certified for performing maintenance on the Boeing B787-10 (GEnx) and Boeing B787-10 (RR RB211 Trent 1000) aircraft, which have recently begun operations in Australia. The Australian Parliament empowered CASA to make these amendments to the regulations under the Civil Aviation Act 1988, with the overarching policy objective being the enhancement of aviation safety through proper and timely regulation of aircraft maintenance activities.

Scope and Application

The Part 66 Manual of Standards Amendment Instrument 2018 (No. 1) amends the Part 66 Manual of Standards (MOS) under the Civil Aviation Safety Regulations 1998 (CASR) to include new aircraft type ratings that aircraft engineers must hold to perform and certify maintenance on specified aircraft types. Specifically, it adds the Boeing B787-10 (GEnx) and Boeing B787-10 (RR RB211 Trent 1000) to the list of type rated aircraft types. This amendment ensures that aircraft engineers meet the necessary qualifications to safely maintain these aircraft, which have recently commenced operations in Australia. Additionally, the instrument makes minor updates to the units of competency required for aircraft engineer licences (AELs) and adds certain Embraer aircraft types for which on-the-job training may be provided by a Part 145 organisation. The changes are designed to support the appropriate and safe operational and maintenance requirements of these aircraft and are made under the authority provided by the Civil Aviation Act 1988. The instrument applies to aircraft engineers who perform maintenance on the specified aircraft types, and it is subject to the legislative instrument process under the Legislation Act 2003.

Key Provisions

The Part 66 Manual of Standards Amendment Instrument 2018 (No. 1) introduces significant amendments to the Civil Aviation Safety Regulations 1998, particularly focusing on aircraft engineer licences and ratings. Section 66 of the Civil Aviation Safety Regulations (CASR) addresses the various categories and types of aircraft engineer licences (AELs) and ratings. Specifically, the instrument modifies Appendix IX, Table 1 of the Part 66 Manual of Standards (MOS) by adding new aircraft type ratings, namely BOEING B787-10 (GEnx) and BOEING B787-10 (RR RB211 Trent 1000), which aircraft engineers must hold before performing and certifying maintenance on these aircraft types (subsection 66.015(2)(e) of CASR). Additionally, the instrument updates the units of competency required for AELs, ensuring that engineers meet the necessary standards to perform maintenance tasks safely and effectively (subsection 66.015(2)(j) of CASR). Aircraft engineers and maintenance organisations governed by this legislation must ensure that their personnel are appropriately endorsed with the relevant aircraft type ratings after completing CASA-approved theory and practical training. The amendments are intended to align with existing CASA policy and support the safe operational and maintenance requirements of the newly introduced aircraft types. Furthermore, the instrument includes transitional provisions to address situations where relevant units of competency were held before the commencement of the instrument and are subsequently updated. These provisions ensure a smooth transition for affected personnel. Failure to comply with the requirements set out in the instrument may result in civil or criminal penalties. Specifically, under section 90 of the Civil Aviation Act 1988, a person who contravenes the Civil Aviation Safety Regulations may be liable for a civil penalty, which can be significant depending on the severity of the breach. Additionally, in cases where the breach is of a criminal nature, the person may face criminal prosecution under section 91 of the Act, which can result in fines and imprisonment. The exact penalties are determined by the court, but they can be substantial, reflecting the importance of compliance with aviation safety standards. The instrument also includes amendments to Part 1 of Appendix IX, Table 2 of the Part 66 MOS, allowing for on-the-job training to be provided by Part 145 organisations for specific aircraft types, such as EMBRAER 135ER and 135LR (RR Corp AE3007A), and EMBRAER 145ER and 145LR (RR Corp AE3007A). These amendments ensure that maintenance training and assessment for these aircraft types are conducted in accordance with the established standards. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and has been issued by the Acting Director of Aviation Safety, in accordance with subsection 73(2) of the Civil Aviation Act 1988. The instrument commences on the day after it is registered and will be repealed in accordance with section 48A of the Legislative Instruments Act 2003.

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Aviation Law
Instrument
Regulation
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Regulatory Standards
Reporting & Disclosure Obligations
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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.