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CIVIL AVIATION AND CIVIL AVIATION SAFETY AMENDMENT REGULATIONS 2010 (NO. 1) (SLI NO 328 OF 2010)
Select Legislative Instrument 2010 No. 328
Issued by the authority of the Minister for Infrastructure and Transport
Subject - Civil Aviation Act 1988
Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. That subsection also provides that the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation (Chicago Convention) relating to safety, and in relation to the safety of air navigation, being regulations with respect to any other matters for which the Parliament has power to make laws.
Subsection 9 (1) of the Act specifies, in part, that the Civil Aviation Safety Authority (CASA) has the function of conducting the safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise aviation safety standards and issuing certificates, licences, registrations and permits.
Purpose of the Regulations
Many of Australia’s major trading partners in Europe and Asia have adopted the European Union regulations that relate to airworthiness and maintenance. The European regulations are the most modern, adaptable and forward looking rule set of the world and align with Annexes 1 and 6 of the Chicago Convention, to which Australia is a party.
In order to align Australian legislation with these regulations, and to maintain and enhance Australia’s international competitiveness in the global aviation industry, CASA has developed new Parts 42, 66, 145 and 147 of the Civil Aviation Safety Amendment Regulations 1998 (CASRs). These Regulations provide for improved compliance and understanding for industry, have increased efficiencies and potentially open trade opportunities for Australian maintenance businesses. These Regulations have also addressed inconsistencies in the previous Australian maintenance regulations.
The Regulations enhance aviation safety, consistent with the Australian Government’s focus on aviation safety as outlined in the 2009 National Aviation Policy Statement – the Aviation White Paper. In addition, CASR Part 145 has introduced the requirement for maintenance organisations to have a Safety Management System and provide training in human factors for their employees. This removes differences which Australia has filed against the International Civil Aviation Organization Standards and Recommended Practices.
Impact of the Regulations
The Regulations are due to take effect from 27 June 2011. CASA will undertake a comprehensive communication, education and training program to assist transition to the new Regulations. CASR Parts 42 and 145, which cover the continuing airworthiness and approval of maintenance organisations, will only apply to Regular Public Transport operators, as described in Civil Aviation Regulation 206 (1) (c). This means that CASR Parts 42 and 145 do not apply to other classes of aircraft operations such as Charter, Aerial Work and General Aviation at this time.
A Regulation Impact Statement (RIS) was prepared for Parts 42, 66, 145 and 147 and assessed by the Office of Best Practice Regulation as meeting the Australian Government's Best Practice Regulation requirements (OBPR ID: 11558). The RIS is attached at Attachment A.
The Amendments
The CASRs have been amended by the insertion of the following new Parts.
· Part 42, entitled ‘Continuing airworthiness requirements for aircraft and aeronautical products’. This Part sets out continuing airworthiness requirements for aircraft and aeronautical products.
· Part 66, entitled ‘Continuing airworthiness – aircraft engineer licences and ratings’. This Part applies to all personnel seeking an aircraft engineer licence or licence rating and sets out requirements for the application for, the granting of, and the appropriate use of aircraft maintenance engineer licences and ratings.
· Part 145, entitled ‘Continuing airworthiness — Part 145 approved maintenance organisations’. This Part sets out matters pertaining to Part 145 approved maintenance organisations and maintenance personnel requiring authorisation for the performance of maintenance certifications and the issue of certificates of release to service for aircraft and aeronautical product maintenance.
· Part 147, entitled ‘Continuing airworthiness – maintenance training organisations’. This Part sets out matters pertaining to maintenance training organisations, training personnel requiring licences and ratings for the performance of maintenance certifications and certificates of release to service for aircraft maintenance. The Regulations apply to all aircraft maintenance training organisations who seek or gain a CASR Part 147 approval.
These Regulations also amend the CASRs and the Civil Aviation Regulations 1988 (CARs) by making transitional, consequential and savings provisions for those regulations. The transitional, consequential and savings provisions allow the introduction of the CASR Parts 42, 66, 145 and 147 using a phased approach and provide for an orderly transition to the Regulations.
The details of the Regulations are set out in the Attachment B.
Consultation
Extensive consultation under Section 17 of the LIA occurred over an extended period of time, including:
Authority: Subsection 98(1) of the Civil Aviation Act 1988
ATTACHMENT A
REGULATION
IMPACT STATEMENT – SUMMARY
Problem
The current regulations of aircraft maintenance aim to reduce the risk of aircraft maintenance errors leading to an aviation accident. Under current regulations, aircraft operators are required to engage a CASA approved maintenance organisation to maintain the airworthiness of their aircraft. Ongoing airworthiness requires a business to either:
follow the aircraft manufacturers’ schedule of maintenance, which outlines what maintenance tasks need to be performed at specified intervals and how they will be undertaken; or
follow an alternative maintenance schedule that has been approved by CASA
Maintenance organisations are required to employ licensed engineers to certify maintenance work and the airworthiness of aircraft.
Safety Risk
The current regulations, whilst reducing the risk of a maintenance error leading to an aviation accident, do not completely eliminate this safety risk. Analysing Australia’s aircraft maintenance sector the Australian Transport Safety Bureau (ATSB) concluded that:
Improper maintenance contributes to a significant proportion of aviation accidents and incidents. This is because a small percentage of maintenance tasks are performed incorrectly or are omitted due to human error. Examples include parts installed incorrectly, missing parts, and the omission of necessary checks. … In comparison to many other threats to aviation safety, the mistakes of maintenance personnel can be more difficult to detect, and have the potential to remain latent, affecting the safe operation of aircraft for longer periods of time (ATSB 2008, p.vii).
Within Australia, the ATSB found that approximately 17% of reported aviation incidents that pose a safety risk could be attributed to the action of maintenance workers (ATSB 2007, p 28). This figure may underestimate the number of maintenance errors that pose a safety risk as an ATSB survey indicated that many errors are not reported.
When Australian maintenance engineers were surveyed in 1998, over 60 per cent reported having corrected an error made by another engineer, without documenting their action, to avoid potential disciplinary action against the colleague (ATSB 2008 p. 29).
Internationally, in response to the safety risk posed by maintenance errors the International Civil Aviation Organization (ICAO) has recommended that countries require maintenance organisations to implement a safety management system. Whilst some Australian businesses have implemented a safety management system without regulatory compulsion, there is likely to be under-investment in safety management systems and the related human factors training because businesses do not capture the entire benefit of improved safety.
Current regulations impose unnecessary compliance costs
The current regulations impose unnecessary compliance costs on maintenance businesses because they impose requirements that are inconsistent with the operation of modern aircraft. This is particularly important in the maintenance of large aircraft that have a large number of avionic components, that is electronic, electrical, radio and instrument components. The current classification of licensed engineers will require a maintenance organisation to have up to three licensed engineers present to service a part on a hydraulic system with an electric pump, whereas in Europe such a task would only require one licensed engineer. Whilst it is possible for a single engineer to hold each of the relevant licence categories under the current regulations, only 32% of engineers hold 3 or more licence categories.
The current regulations also impose unnecessary compliance costs on individuals attempting to become a licensed aircraft maintenance engineer. The current regulations result in a number of individuals completing an apprenticeship and then sitting CASA licensing exams, however, because there is no mutual recognition between the TAFE delivered apprenticeship training and the CASA licensing exams, it results in individuals duplicating their study effort.
Inconsistency with international regulations
Australia’s maintenance regulations are now inconsistent with many of our major trading partners in Europe and Asia, which have adopted European regulations. This inconsistency is expected to reduce competition within the aviation maintenance industry and if left misaligned over time, could result in a reduction in the competitiveness of Australia’s aircraft operators and maintenance organisations.
If an Australian maintenance organisation is to perform work for international operators, they are currently required to comply with two sets of very different regulatory standards. For example, Qantas currently has a maintenance contract to service British Airways aircraft which requires it to comply with the British/ European regulations that are very different from the Australian regulations that it must comply with for its own aircraft. Greater harmonisation of the Australian maintenance regulations with the European regulations will increase efficiencies and potentially increase trade opportunities for Australian maintenance businesses. There are approximately 25 maintenance organisations that currently comply with both the Australian and European maintenance regulations.
Australian maintenance organisations or aircraft operators are unable to implement procedures to remove inconsistency between Australian and European regulations, this can only occur by governments changing regulations to remove or reduce inconsistency.
Objective
The primary objective is to reduce the risk of aircraft accidents due to a failure in the maintenance of the aircraft. However, the regulations also seek to:
maintain Australia’s international competitiveness in the aviation industry;
remove inconsistency with international regulations that can pose a safety risk and reduce competition; and
reduce regulatory requirements where they are no longer justified.
Options for improvement
After reviewing the current regulations, CASA is proposing changes to engineer licensing, safety management systems for maintenance businesses and the management of continuing airworthiness for aircraft operators.
Engineer licensing
There are different methods for obtaining an initial licence in one of the five base licence categories. The most common method, at approximately 80%, is for individuals to submit a schedule of experience and to sit CASA exams to demonstrate theoretical knowledge. There is no accredited course for individuals to undertake to prepare for the exams and individuals must develop their own preparation methods. The other methods of obtaining a licence are recognition of defence force qualifications or recognition of international qualifications. To obtain an aircraft type rating requires the engineer to complete a course provided by a training organisation authorised by CASA.
The CASA licensing exams and schedule of experience will be replaced with competency based training administered by CASA approved training organisations. The completion of a diploma at an approved training organisation will demonstrate competency to enable the individual to be issued with a licence.
The other methods for obtaining a licence based on recognising defence force or international qualifications will remain largely unchanged. The licensing for specific aircraft types will also remain largely unchanged. The number of base licence categories will be reduced from five to two; and two ‘release to service’ engineer categories will be introduced which will align Australia’s licence categories with those operating in Europe (Figure 1).
Figure 1:
Current Licence Categories Proposed Licence Categories
|
In addition to their mechanical and power-plant privileges, the B1 licensed engineer will be permitted to certify maintenance work on electrical systems and avionics components that are line replaceable units requiring a simple test to prove serviceability - essentially units that can be unplugged and tested using in-built diagnostic equipment.
In addition, two new licence categories will be introduced to provide certification for the release of aircraft to service after the completion of maintenance.
Ÿ Category A Licence will allow for the certification and release to service after minor scheduled maintenance and simple defect rectification. This licence can be obtained after completing the training relevant for tasks permitted by the licence and obtaining 2 years of appropriate experience.
Ÿ Category C Licence will allow for certification after base maintenance is carried out on large aircraft by a Part 145 maintenance organisation and can be obtained after 3 years of experience as a B1 or B2 engineer or via an academic route coupled with type training.
Aircraft operators
Businesses operating regular public transport aircraft (passengers and/or cargo) will be required to create a division in their business responsible for the continuing airworthiness of aircraft, known as a Continuing Airworthiness Management Organisation (CAMO). The CAMO will be required to submit an exposition outlining how they will control the airworthiness of their aircraft and undertake periodic reviews to ensure the ongoing airworthiness of their aircraft. This requirement will ensure that there is a clear division of the business that is responsible for the continuing airworthiness of aircraft and reduce the risk of a non-airworthy aircraft being flown due to a failure in the division of responsibility.
The exposition will outline the systems that the business has in place to manage the airworthiness of their aircraft. Each aircraft has an agreed maintenance schedule and inspection program[1] and what the exposition will do is outline how the organisations will provide for these tasks. For example, it will outline what staff the organisation employs, their physical location and any contracted organisations it intends to use to maintain the airworthiness of their aircraft. A sample exposition is provided by the UK Civil Aviation Authority (CAA 2003).
Maintenance organisations
A maintenance organisation servicing regular public transport aircraft will be required to prepare an exposition outlining how it will carry out maintenance and will also be required to implement a safety management system (SMS). A safety management system is an organised approach to managing safety, the key elements including:
establishing safety policy at the company’s management level,
collecting safety information,
identifying safety hazards,
analysing safety risks,
performing safety investigations,
developing corrective actions,
providing safety training;
monitoring safety performance;
creating a continuous improvement environment; and
safety communication
Impact of the proposed changes
Licensing of maintenance engineers
The changes to the licensing requirements will impact on individuals applying for a maintenance engineer’s licence. Each year approximately 280 individuals are issued with a new maintenance engineer’s licence.
The majority of individuals (79%) obtain a licence by submitting a schedule of experience and sitting the CASA licensing examinations, 7% through recognition of Australian Defence Force qualifications and 14% through recognition of a foreign licence. Given that the proposal will mainly affect the individuals obtaining a licence through the CASA examinations and schedule of experience, that method is the focus of this impact section.
The cost to society of obtaining a licence under the current CASA exam approach is a function of the amount of time individuals devote to preparing for exams, any tuition cost and government administration costs, which can be partly or wholly recovered through fees charged to applicants.
Currently there is no CASA endorsed or recommended course for gaining a base licence category and applicants are required to develop their own methods to prepare for exams. The most common method is self-study with some applicants enrolling in a non-accredited training course.
The majority of the licensing
cost is borne by the individual, with each licence requiring 736 hours of
self-study and private training costing an average of $980 (Table 1). The
resource cost to administer the assessment system is estimated to be
$4 438 per licence, which is borne by the applicant in terms of their time
and the payment of assessment fees (Table 1). It is estimated that the total
cost to society for each licence is $28 159 on average, $6.25m per year
for 222 licences
(Table 1).
Table 1: Cost of the current and proposed licensing system
|
|
Current licensing system |
Proposed licensing system |
|
Formal training |
$0 |
550 hours at $30.7 = $16900 |
|
Self Study |
736 hours at $30.7 = $22595 |
150 hours at $30.7 = $4605 |
|
Private training |
$1126 |
$0 |
|
Resource cost |
$4438 |
$11600 |
|
Cost per licence* |
$28159 |
$28900 |
|
Licences per year |
222 |
222 |
|
Annual cost |
$6.25m |
$7.6m |
* Non-regional applicants
Source: Appendix A, pages 1 to 3.
Proposed licensing
Individuals will be required to demonstrate theoretical and practical competency to a training organisation approved by CASA. The completion of a diploma at a training organisation will be one way to demonstrate theoretical and practical competency.
There will be a small increase in the cost of obtaining a licence by completing a diploma and a change in the distribution of this cost. On average the diploma will require an additional 700 hours of study, after the completion of a Certificate IV trade course and have a resource cost of $11 600 to provide, which will be largely borne by government (Table 1).
There is likely to be a slightly higher cost impact for new engineers living in regional areas. The diploma element is estimated to cost each individual an additional $4750 to become licensed, as they incur increased living costs to attend a training organisation (Appendix A). With 53 applicants affected each year this will add an additional $251 750 to the annual cost of the proposed licensing system. It is also estimated that 10% of regional applicants will incur the additional cost to complete the equivalent of a Certificate IV at a cost of $11 750 per applicant and $58 750 for the 5 affected applicants.
The total cost of the proposed licensing system is $7.6m per year, which represents a cost increase of $1.35m on the current licensing system (Table 1).
Benefits of the licensing proposal
Introducing formal training
Introducing a requirement for engineers to undertake formal training at an approved training organisation is likely to contribute to an improvement in aviation safety. The ATSB identified that a factor contributing to maintenance errors is a lack of training and/or skills on the part of the engineers undertaking the work (ATSB 1997).
The introduction of competency based training will reduce the probability of licensing an individual without the practical competencies required to perform the tasks of a licensed engineer. This should provide a safety benefit, however, it is difficult to quantify. A guide to the potential impact is provided by the failure rate for the current theoretical exams administered by CASA which is 15%.
A major benefit of the proposal is that with more formal training, licensed engineers will be more productive for their employers, which is reflected in the increased pay that employers currently offer employees who have completed additional formal training. On average employers pay an additional 12.6% for someone with a diploma qualification compared to someone with a Certificate level IV or III qualification (ABS 2010, Table 11). For the engineers undertaking the course each year this equates to a yearly productivity benefit of approximately $8 309 (Table 2).
When this benefit is aggregated over the 222 engineers who will participate in this training there is an estimated benefit of $1.8m each year (Table 2).
Modernising licence categories
The regulation will reduce the number of core licence categories from five to two (Figure 1). The core licence categories determine the types of engineers that maintenance organisations require to undertake a certain task. The major benefit of reducing the number of base licence categories is that it will reduce the number of engineers required by regulation to perform certain tasks, and thereby improve efficiency.
This improvement is particularly important for modern aircraft with integrated mechanical and avionic systems. In aggregate, the scale of the efficiency improvement can be seen by comparing the number of engineers required by Australian maintenance businesses and European businesses subject to the licence categories that will be introduced in Australia. On average, Australian businesses are required to employ 13% more engineers per aircraft (Appendix A, p. 22).
After introducing these licence categories in UK there was an 8.6% improvement in efficiency (Appendix A, p. 22). If such an efficiency improvement was to be realised in Australia, this could generate a benefit of $15.7m per year for maintenance organisations (Table 2).
An additional benefit of sharing a common licence category with European countries and a number of non-European countries is that it will increase the ability of maintenance staff to transfer between countries. Each year approximately 40 licensed aircraft maintenance engineers migrate to Australia and obtain an Australian licence.
Table 2: Benefits of the proposed engineer licensing system
|
|
Returns to diploma training |
Efficiency improvement from modern licence categories |
|
Annual |
12.6% of annual wage = $8309 |
8.6% of annual wage bill of licensed engineers = $15.7m |
|
Engineers trained annually |
222 |
|
|
Annual benefit |
$1.8m |
$15.7m |
Source: Appendix A, page 3 to 4
Cost of changing licence categories
The change to the licence categories is a low cost reform. The most significant cost is the difference in resource cost between training under the old licence categories and the new categories and the upfront development of training material for the new licence categories. This cost is included in the cost of providing the training, which is measured in the section above (Table 1).
A potential cost for some individuals is that the proposal reduces the options available to obtain a licence for a single category of work. In Figure 1 it can be seen that under the current regulations an individual could choose to become licensed in just one of the five categories. However, most current engineers choose to be licensed in multiple categories and only 22% are licensed in one category.
Existing maintenance engineers will not be disadvantaged by the licence category changes as they will be issued with a new licence that entitles them to undertake the same work. An engineer who currently holds a single licence qualification, for example to perform instrument work, will be issued with a new licence that is limited to that qualification, which in this case will be a B2 licence limited to instrument work.
Maintenance businesses: cost impact
Exposition
A maintenance organisation must develop and submit an exposition detailing how it will carry out maintenance on regular public transport aircraft. The exposition will outline the systems that the business has in place to maintain aircraft and aeronautical products that it is approved to maintain. For example, it will outline what staff the organisation employs and the physical location and equipment that the business has, the management systems it will use, and any contracted organisations it intends to use.
The cost of preparing the exposition may be minimised as the maintenance organisation can utilise material from their procedures manual required under existing regulations. The additional time to prepare the exposition is estimated to take a manager in a maintenance organisation two months at a cost of $22 500 per business and $5.6m in total for the 250 maintenance businesses that could be expected to apply for approval to service regular public transport aircraft. This is based on the time taken for four Australian businesses to comply with similar requirements operating in Europe.
Safety Management System
Maintenance businesses servicing regular public transport aircraft will be required to implement a safety management system. The upfront cost will include: understanding the requirements, development of a safety management dataset, a safety audit program and staff training in human factors, which focuses on how human decision making can affect aviation safety and the practices and procedures that staff can implement to improve safety. Ongoing costs will involve: investigation of safety incidents, undertaking a safety audit, training staff in human factors and for large businesses, the cost of employing a safety manager and safety analyst.
he costs of implementing a safety management system for a maintenance business will be similar to those incurred by aircraft operators that implemented safety management systems in 2009. The cost of implementing safety management systems for maintenance organisations in other countries also provides useful information on which to base Australian estimates.
The cost of implementing and running a safety management system will depend on the size of the business and Table 3 outlines the estimated cost by size of business. In aggregate for the 250 businesses, the upfront cost to implement a safety management system is estimated to be $0.9m and the ongoing cost is $13.1m to run the safety management system.
Table 3: Costs of implementing a safety management system
|
Business type |
Upfront cost |
Ongoing annual cost |
|
Sole trader |
$3 312 |
$1 116 |
|
Less than 20 employees |
$4 707 |
$54 000 |
|
21 to 200 employees |
$5 265 |
$101 000 |
|
200+ employees |
$5 265 |
$200 000 |
|
Ongoing HF training per annum |
|
$1.1m |
|
Aggregate cost to business |
$0.9m |
$13.1m |
|
CASA assessment |
$3.4m |
n/a |
|
Total cost |
$4.3m |
$14.3m |
Source: Appendix A, page 4 to 6
Aircraft maintenance businesses: estimated benefits
The introduction of a safety management system is likely to lead to improvements in aviation safety and efficiency of aviation operations.
An evaluation of a safety management system introduced by Skyservice Airlines operating in Canada found that after introducing a safety management system there was a 22.5% reduction in ground safety incidents and a 5.86% reduction in safety hazards (Skyservices 2006). The UK also attributed a decline in maintenance incidents to the promotion of human factors awareness and the provision of safety training to maintenance businesses (CAA 2009, p.18).
If the safety management system was to reduce maintenance related aviation incidents by 22.5% this would generate a benefit valued at $3.5m each year (Table 4). If the impact was more reflective of the reduction in ground safety hazards found by Skyservice airlines of 5.86%, then this would generate an annual benefit of $0.9m (Table 4).
The reduction of maintenance errors not only provides a safety benefit, but it also improves the operational efficiency of maintenance businesses and airlines, by reducing the number of flight delays and cancellations caused by maintenance errors.
Each year it is estimated that maintenance errors result in 11 450 flight delays and 700 flight cancellations at a cost to society of $318m (Table 4). If a safety management system was to reduce delays and cancellations by 5.86%[2], this would generate a benefit of $18.1m each year, or $70m if the reduction was 22.5% (Table 4).
Table 4: Benefits of implementing a safety management system
|
|
Accidents |
Flight delays and cancellations |
|
Number |
4 accidents, 2 fatalities |
67 000 delays, 4100 cancellations |
|
Value |
$47.3m |
$1873m |
|
Proportion attributed to maintenance |
0.3 |
0.17 |
|
Value of maintenance related incidents |
$15.8m |
$318m |
|
Value of a 5.86% improvement per year |
$0.9m |
$18.1m |
|
Value of a 22.5% improvement per year |
$3.5m |
$70m |
Source: Appendix A, page 7 to 8
Aircraft operators: cost impact
Continuing Airworthiness Management Organisation
There are currently 35 businesses engaged in regular public transport that will be required to create a Continuing Airworthiness Management Organisation (CAMO) that will be responsible for ensuring the continuing airworthiness of their aircraft.
The creation of the Continuing Airworthiness Management Organisation in itself will not change the ongoing compliance costs as operators already employ staff to be responsible for ensuring the continuing airworthiness of their aircraft. However, aircraft operators will incur a cost to setup the CAMO and restructure some of their business functions to meet this requirement. Based on discussions with three Australian aircraft operators, CASA estimates that the average regular public transport operator would need to devote one senior manager to this task for one year, at a cost of $160 000 per business or $5.6m for the 35 businesses (Table 5).
The CAMO will be required to develop an exposition of how they will control the airworthiness of aircraft according to the maintenance instructions provided by the aircraft manufacturer and agreed to by CASA. This proposal will not change the airworthiness tasks that operators are required to undertake.[3] The cost of this requirement is the compliance cost to develop the exposition, which is estimated to cost $26 300 for the typical organisation; equivalent to two months salary of a senior manager. The total cost for the 35 businesses is estimated at $0.93m (Table 5).
Table 5: Costs of implementing an airworthiness exposition and inspections
|
|
Setup CAMO |
Airworthiness exposition |
|
Staff time (days) |
365 days for a senior manager |
43 days for a senior manager |
|
Value of staff time |
$160 000 |
$26 300 |
|
Number of businesses |
35 |
35 |
|
Annualised cost |
$5.6m (upfront) |
$0.93m (upfront) |
|
Total cost over 15 years (NPV) |
$5.6m |
$0.93m |
Aircraft Review
There will be a requirement to have each aircraft physically inspected and its airworthiness documents reviewed annually to ensure that the aircraft is airworthy. The review and inspection can be undertaken every three years if it remains in the control of the same CAMO for that three year period. As regular public transport operators must have the CAMO functions performed within their business, it is assumed that the reviews and inspections will be done every 3 years for regular public transport aircraft.
The experience of European operators is that the physical inspections of the aircraft can be undertaken at the time of other scheduled maintenance and therefore do not result in any further out of service time for the aircraft. However, the additional labour cost needs to be considered.
Australian businesses have indicated that there will be a significant upfront cost to undertake the first review as this would require auditing all airworthiness records since the aircraft was new. However, on an ongoing basis aircraft operators will only have to audit the records since the last review and so subsequent reviews will be significantly quicker and less costly.
Based on an assessment from two major Australian airlines the initial review will take approximately 280 man hours; the equivalent of 7 weeks of full time work for 1 person per high capacity aircraft. For low capacity aircraft it is estimated to take 120 man hours, or 3 weeks for 1 person. For Australia’s 350 high and 300 low capacity aircraft, this is estimated to cost $4.8m (Table 6).
From the experience of this requirement operating in the UK since 2003, subsequent reviews will take approximately 80 hours for high capacity aircraft and 24 hours for low capacity aircraft. This will impose a total cost of $1.26m every 3 years (Table 6) or $0.42m when annualised.
Table 6: Cost of aircraft reviews
|
|
Man hours |
Staff cost per reviewa |
Number of aircraft |
Industry cost |
|
Initial |
|
|
|
|
|
High capacity |
280 |
$9 971 |
350 |
$3.5m |
|
Low capacity |
120 |
$4 273 |
300 |
$1.3m |
|
Ongoing |
|
|
|
|
|
High capacity |
80 |
$2 849 |
350 |
$1m |
|
Low capacity |
24 |
$855 |
300 |
$0.26m |
a Staff cost based on $30.7 per hour * 16% on cost.
Overseas line maintenance
Another change introduced for aircraft operators will be the requirement for all aircraft maintenance work to be carried out by an Australian approved maintenance organisation. At present some international aircraft operators have maintenance tasks performed by overseas maintenance organisations that are not required to be CASA approved.
The Australian businesses flying internationally use approximately 20 maintenance businesses in other countries that are not authorised by CASA. The most likely compliance response would be for these businesses to become CASA approved maintenance businesses. It is estimated that the cost of approval is $17 889 per business upfront and $0.54m when aggregated across the 20 businesses (Appendix A, p. 26).
Aircraft Operators: estimated benefits
The primary benefit of creating a continuing airworthiness management organisation and periodic aircraft reviews and inspections is to reduce the risk of an aircraft operator flying an aircraft that is not airworthy. The reviews will increase the probability of detecting failures to comply with airworthiness directives or scheduled maintenance requirements. The physical inspections will also ensure that the aircraft is free from obvious defects or damage that could affect its airworthiness.
The UK introduced the same aircraft review and continuing airworthiness management regulations in 2003. Since introducing these requirements for UK RPT operators in 2003, there has been a 5% reduction in the number of reported mechanically related incidents for regular public transport operators. There was an average of 308 for the years 1996 to 2002 compared to an average of 294 for the years 2004 to 2006 (CAA 2009, p. 9).
The UK experience provides a basis on which to assess the likely impact for Australia as the regulations are almost identical to those introduced in the UK and the overall regulatory requirements applying to the UK and Australian aviation industry are similar as both countries are signatories to the Chicago convention.
In terms of the safety benefit within Australia, it is estimated that mechanical faults are the cause of 1/3 of accidents valued at $47.3m for regular public transport operations.[4] A 5% reduction in these mechanical faults could have a $0.79m safety benefit each year, or $6.9m over the next 15 years.
If the reduction was only half that experienced within the UK, that is a 2.5% reduction, then the value of this benefit would be $0.39m each year. Or conversely if the benefit was 50% greater than that experienced by the UK then the annual benefit would be $1.18m.
Additionally, the airworthiness exposition has the potential to reduce the ongoing cost for businesses to comply with CASA’s airworthiness regulations. The exposition is outcome based with flexibility for businesses to demonstrate to CASA that their practices will ensure the safe operation of their aircraft. The lack of prescription will allow operators to develop the lowest cost acceptable means of compliance.
Overall net benefit
Overall the maintenance regulations are estimated to provide a small benefit to the aviation industry and the community overall, estimated at $155m over the next 15 years (Appendix A: Table A5) when evaluated at a 7% discount rate recommended by the Office of Best Practice Regulation (Australian Government 2007). When evaluated at a 3% discount rate the net benefit is $199m and $122m when evaluated using an 11% discount rate.
A time horizon of 15 years was chosen to reflect the minimum time that the regulations are likely to be in place. In part this time horizon was based on the current maintenance regulations being in place largely unchanged since 1988. There is however, uncertainty in predicting the life of these regulatory changes. Reducing the time horizon from 15 to 10 years reduces the net benefit from $155m to $80m.
Sensitivity Analysis
The important parameters that affect the overall net benefit of this proposal are the efficiency improvements from the change in engineer licence categories, the productivity benefit from increased formal training of engineers, the estimated SMS efficiency improvement and the ongoing running costs of SMS. In aggregate they account for 95% of the benefits and costs.
Using the most pessimistic values for these parameters increases the costs by $44m and lowers the benefits by $51m, resulting in a net benefit of $65m (Appendix A: Table A6). Whilst this is a possible outcome of implementing these changes, it is considered unlikely. Under this pessimistic scenario the changes would impose a cost on large maintenance businesses and aircraft operators, however, these businesses support the changes, which provides strong evidence that such a pessimistic scenario is unlikely. A number of these businesses have had direct experience complying with the regulations through their European work and therefore have a strong basis on which to assess the impact of the regulations.
Sensitivity analysis by parameter
The values used in the sensitivity analysis depend on the source of information used to construct the cost and benefit estimates. The sources of information include surveys, the experiences of other countries implementing similar regulations and the reported cost estimates from affected Australian businesses.
For survey based estimates, the upper and lower bounds used in the sensitivity analysis were based on using the lower and upper bounds of a 95% confidence interval. For estimates based on the experiences of countries implementing similar regulations, the upper and lower bounds were based on 50% higher and 50% lower than the mean estimate. For estimates based on the views of Australian businesses, these businesses were asked for a worst case, best case and expected cost estimate. The upper and lower bounds were based on the worst and best case estimates.
Consultation
CASA has developed this regulatory proposal working with the aviation industry over a five year period. A notice of proposed rule making was published in 2006 (CASA 2006) outlining the major changes in order to seek feedback from stakeholders. 85 unique responses were received, which CASA has considered and will publish along with a CASA response in a notice of final rule making.
Of the respondents that stated a view on the proposed changes, 24% accepted the proposals, 31% accepted the proposals but thought they could be improved, and a further 31% would support the proposals with changes. 15% would not support the proposals under any circumstances. Table 6 includes the number of responses to the individual changes.
Table 6: Responses to the proposed regulatory changes
|
|
Licensing categories (Part 66) |
Training organisations (Part 147) |
Maintenance business (Part 145) |
Aircraft Operators (Part 42) |
Total |
|
Acceptable |
11 |
23 |
18 |
17 |
69 |
|
Acceptable, but improvable |
27 |
15 |
28 |
21 |
91 |
|
Acceptable with changes |
36 |
13 |
17 |
22 |
88 |
|
Not acceptable |
20 |
8 |
7 |
7 |
42 |
Most of the comments were covered during development of the consultation drafts of the regulations which were released in November 2009. The responses to the consultation draft revealed that very few matters that required further clarification and subsequent versions of the drafts have addressed those remaining matters.
The most significant negative response to the proposed changes released in the 2006 Notice of Proposed Rule Making (Table 6) related to the license category changes and in particular, the inclusion of avionic certification for the B1 license category, with 25 individuals commenting on this issue. CASA has considered these views but not changed the proposal because of the importance of harmonising with European regulations and the creation of license categories that align with the maintenance tasks required on modern aircraft. In addition, the B1 license will be issued based on competency to ensure that only qualified engineers are licensed.
There was significant opposition from the Australian Licensed Aircraft Engineers Association (ALAEA) itself and its members to these regulations. A total of 1108 pro-forma objections were received from ALAEA members and these were counted as a single response in Table 6. The ALAEA strongly opposed pilot maintenance, license training provisions and terminology. CASA has carefully considered each of the objections and responded to each individually in a summary of consultation response document that will be published on the CASA website along with this regulation impact statement. CASA has adopted some of the ALAEA’s comments such as changing the terminology used to describe aircraft engineers.
In contrast, the major airlines were supportive of the changes with Qantas Engineering stating that they endorse and support the proposal.
CASA has responded to the consultation process by making specific implementation changes to the proposal. For example, the original proposal was to apply to all aircraft operators (approximately 1000 businesses), however, in response to the consultation CASA has decided to initially apply the regulations affecting aircraft operators only to regular public transport operators (currently 35 businesses operating aircraft) with a two year transition period. The implementation date was also extended from November 2010 to June 2011. More detailed changes were made, for example the original proposal based the requirement to replace components on the basis of the aircraft manufacturer’s recommended life limits, however, industry advocated for it to be based on the approved type certification.
Implementation and Review
The changes will be formally implemented by inserting Parts 42, 66, 145 and 147 into the Civil Aviation Safety Regulations.
Part 42 – Continuing Airworthiness – This Part establishes the measures that operators of regular public transport aircraft are required implement to ensure that airworthiness is maintained, including maintenance. It also specifies the conditions to be met by the persons or organisations involved in such continuing airworthiness management.
Part 66 – Maintenance Personnel Licensing – This Part establishes the requirements for the issue of an Aircraft Maintenance Licence, other permissions and the conditions of validity and use of these licences and permission, for aeroplanes, helicopters and other specialised maintenance tasks.
Part 145 – Approved Maintenance Organisations – This Part establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval for the maintenance of aircraft and aeronautical products.
Part 147 – Maintenance Training Organisations – This Part establishes the requirements to be met by an organisation to qualify for the issue or continuation of an approval to conduct training that leads to a Part 66 licence.
The regulations will be effective from 27 June 2011, but will contain an extended transition period to minimise the cost to businesses of this regulatory change.
Transition arrangements and implementation assistance
A two year transition period will be in place for regular public transport aircraft operators, maintenance organisations providing maintenance services to regular public transport operators and training organisations. A four year savings period will allow licensed engineers who wish to complete their training under the existing CAR31 licensing system.
Regular Public Transport aircraft operators will have two years to become compliant with the Part 42 requirements. CASA will work with the 35 operators[5] to develop an exposition manual over this period and publish a detailed sample manual and provide IT tools assisting businesses to comply. The sample exposition manual will be similar to that published by the UK Civil Aviation Authority (CAA 2003).
Existing maintenance organisations registered under the existing regulation (CAR 30) will have two years to become compliant with Part 145 if they wish to service aircraft operated or aeronautical products required for regular public transport operations.[6] The major requirements will be the development of an exposition, the implementation of a safety management system and human factors training for their workforce. CASA will assist in the implementation by providing practical guidance on how to develop and implement a safety management system, along with human factors training. CASA will work with the 250 maintenance organisations expected to apply for a Part 145 approval to develop an exposition over this period and will publish a detailed sample exposition to help businesses comply. The sample exposition will be similar to that published by the UK Civil Aviation Authority (CAA 2003).
Existing licensed maintenance engineers will be granted a CASR Part 66 licence equivalent in maintenance scope to their current licence. For new applicants a four year transition period will operate during which applicants can become licensed under either the existing or the new Part 66 system. This 4 year period has been set to correspond with the 4 year apprenticeship cycle, to allow for anyone who has commenced their training under the existing system to complete this process without being disadvantaged.
The transition period for training organisations will depend on the type of training the organisation provides. Training organisations that provide aircraft specific courses will have two years to become a Part 147 organisation. For organisations providing training that leads to an A, B1, or B2 licence category, an application under CASR Part 147 will be required post June 2011. Four organisations have already met requirements equivalent to Part 147 and offer approved diploma courses.
Review
The regulatory changes will be subject to a formal post-implementation review commencing not later than 2 years after they are fully implemented. There will be constant monitoring of the performance of the maintenance industry to examine how the new regulations are performing. This monitoring will be undertaken through the CASA field offices and through the Standards Consultative Committee and a technical working group, both of which contain industry and CASA staff.
Conclusion
The current maintenance regulations were originally developed in 1947 and updated constantly since that time with the last major update and re-issue in 1988. The regulations have failed to fully account for technological progress and best practice methods developed from recent operational experience. The current regulations impede the efficiency of aircraft maintenance, imposing unnecessary compliance cost on business and potentially compromise safety. In addition, the regulations are not risk based, and target all activities equally regardless of their contribution to aviation safety risk.
The regulations are an attempt to incorporate the lessons learnt from recent operational experience and align the regulations with the technology of modern aircraft. The proposed changes are a product of a long and extensive consultation period with business and affected stakeholders. CASA modified the regulations published as part of the notice of proposed rule making process to address industry concerns, where feasible.
It is important to note that the regulatory proposal is risk based, with the strongest requirements placed on operations that pose the greatest safety risk and therefore the largest potential gains, that is regular public transport aircraft.
The impact analysis shows that overall the proposed changes will provide a net benefit to society. This finding largely stems from the positive experiences of other countries that have implemented the changes proposed in these regulations. In distributional terms the proposal will not impose significant costs on certain groups without compensating benefits for that group. For example, whilst the safety management system requirements will impose some costs on certain businesses to implement, there will be productivity improvements which these businesses will benefit from. Indeed, a number of businesses have already implemented such systems without regulatory compulsion.
The regulations include a substantial transition period and arrangements to minimise the implementation cost. Implementation costs will also be minimised by the long time period over which CASA has foreshadowed these regulations, and which has allowed a number of businesses to become compliant already.
As a final check on the
beneficial impacts of the proposal, the regulations will be reviewed after two
years of implementation.
References
ABS (Australian Bureau of Statistics) 2006: Census of Population and Housing,
catalogue number 2068.0, ABS, Canberra.
ABS 2007, Counts of Australian Businesses, including Entries and Exits, June 2003
to June 2007, catalogue number 8165.0, ABS, Canberra.
ABS 2009, Employee Earnings and Hours, Australia, Aug 2008, catalogue number
6306.0, ABS, Canberra
ABS 2010, Education and Training Experience, State and Territory Tables, Australia,
2009, catalogue number 6278.0, ABS, Canberra.
ABS 2010a, Australian Standard Geographical Classification (ASGC), catalogue number
1216.0, ABS, Canberra
ATSB (Australian Transport Safety Bureau) 1997, Aircraft Maintenance Safety
Survey – Results, Canberra.
ATSB 2008, An Overview of Human Factors in Aviation Maintenance, Canberra
ATSB 2009, Aviation occurrence statistics: 1 January 1999 to 30 June 2009,
Canberra
Australian Government 2007, Best Practice Regulation Handbook, Canberra
BITRE (Bureau of Infrastructure, Transport and Regional Economics) 2010,
Domestic airline on time performance February 2010, Canberra
CAA (Civil Aviation Authority) 2002, Human Factors in Aircraft Maintenance and
Inspection, West Sussex
CAA 2003, The Specimen Exposition, West Sussex.
CAA 2008, Safety Management Systems – Guidance to Organisations, West Sussex
CAA 2009, Aircraft Maintenance Incident Analysis, West Sussex
CAA 2010, Organisations approved in accordance with Part 145, West Sussex
CAA 2010a, Organisations approved in accordance with Part M, Subpart F, West
Sussex
CAA 2010b, Total number of UK registered aircraft,
http://www.caa.co.uk/docs/56/UK%20reg%20cofa%20and%20weight%20group%20010110.pdf accessed 22nd April 2010
CASA (Civil Aviation Safety Authority) 2003, Flight Safety Australia July-August
2009, Canberra.
FairWork 2009, Aircraft Engineers (General Aviation) Award 1999
Skyservice Airlines Inc 2006, Safety Management System, Presentation to the Civil
Aviation Authority of Singapore
RAS (Royal Aeronautical Society) 2008, Aircraft Maintenance Human Factors and
Error Management what have we achieved?
UK 2009, Transport Statistics Great Britain 2009, Department for Transport, London
Appendix A: Cost Benefit Analysis
Cost of training aircraft maintenance engineers
Over the last three years 667 engineers obtained a licence by submitting a schedule of experience and sitting CASA licensing exams. For the base case it has been assumed that an average of 222 engineers will be licensed under this approach annually over the next 15 years.
Costs of current licensing
The major cost of the current licensing system is the amount of time that applicants spend studying for the CASA licensing exams. On average applicants spend 40.5 hours preparing for each exam, which is derived from a survey of licence applicants from 2009 (Table A1).
Table A1: CASA Licensing Applicant survey 2009
|
|
Mean Response |
Standard Deviation |
|
Average time spent preparing for each exam |
40.5 |
24.04 |
|
Proportion of exams for which a course was undertaken |
0.12 |
|
|
Sample size |
50 |
|
|
Response rate |
79% |
|
Note: Sample size: 63.
The average licence requires 18.4 exams to be completed which results in a total of 4085 exams being sat each year for the 222 applicants. A total of 163 392 hours are therefore spent preparing for exams each year, or an average of 736 hours per licence applicant.
When valued at the average mechanical engineering wage of $30.7 per hour[7] the total cost of study time for each applicant is $22 595 or $5.02m when aggregated over the 222 licences issued each year.
Another cost component for the current licensing system is the use of courses to help students prepare for the licensing exams, with 12% of exams involving the applicant undertaking a course (Table A1). Whilst the average study time preparing for the course includes the time spent participating in a course, there is also the resource cost involved in providing it. The average cost for a course has being assumed to be $500[8], which provides a total cost of $0.25m each year for the 500 courses undertaken, or $1126 per license.
The assessment of theoretical knowledge and practical experience has a resource cost in terms of sitting exams and the assessment of a schedule of experience.
· Of the 4085 exams conducted each year the average duration is three hours.[9] When valued at the $30.7 hourly wage rate, this provides an annual cost of $0.38m. An estimate of the resource cost to provide the exam is the $100 charge CASA recovers from each exam applicant to cover the resource cost of running the exam system. This $100 estimate provides an annual resource cost for the 4085 exams sat each year of $0.41m.
· Of the 222 licences issued each year there is an average cost of $903[10] to assess the schedule of experience, providing an annual cost of $0.2m.
· The resource cost of the assessment process is $0.98m, or $4 438 per licence.
Aggregating the costs associated with self-study time ($5.02m), courses undertaken for exam preparation ($0.25m) and the conduct of the exams themselves ($0.98m), gives a total cost for the current licensing system of $6.25m per year, or $28 159 per licence.
This total cost estimate is based on the mean estimate from a survey (Table A1) that is subject to sampling variation. If the actual time taken to prepare for the exams was the lower bound of a 95% confidence interval, the preparation time would be 33.8 hours per license and the annual cost of the current system would be $5.5m. If the actual time taken to prepare for exams was the upper bound of a 95% confidence interval, it would derive an estimated time of 47.2 hours and a total annual cost for the current licensing system of $7.2m.
Cost of the proposed licensing system
Under the proposed licensing system the training organisations authorised by CASA will provide a diploma course or equivalent that licence applicants must complete in order for CASA to issue them a licence.
A number of training organisations are already authorised by CASA and have approved diploma courses on offer. The average additional duration to complete a diploma after obtaining a Certificate IV is 550 hours, which includes theoretical teaching and the assessment of theoretical and practical competency.
In addition to the 550 hours of formal training time, applicants will also devote self-study time for completing assignments and preparing for exams. Based on information provided by one training organisation that currently provides the diploma course it is estimated that applicants will devote 10 hours per week, or 150 hours for the complete diploma to self-study.
With 222 applicants each year, the 150 hours per course when valued at the $30.7 hourly wage will generate a total opportunity cost of $1.02m each year.
The resource cost of providing the courses can be estimated in two ways:
· Payments that technical colleges receive for providing the diploma course; or
· The fee charged by private training organisations to full-fee paying students
One complication with the private training organisation method is that the current registered organisation only provides a diploma course that incorporates the Certificate IV units to full-fee paying students. However, the proposed licensing system only imposes the additional cost of moving from a Certificate IV to a diploma and it is important to isolate this additional cost.
It is possible to estimate the time of the additional diploma element of the approved technical college courses based on the hours involved in both courses. A Cert IV course requires 1350 hours and the diploma requires a further 550 hours. The additional diploma time is therefore 29% of a combined Certificate IV diploma course. When this 29% is applied to the $40 000 fee charged by a private institution for providing a combined Certificate IV and diploma course, it derives an estimated cost of $11 600 for the additional diploma element[11].
Using the information on private course fees of $11 600, it is estimated that the 222 diplomas will involve a $2.58m resource cost each year. It is important to note that by basing the cost estimates on the fees charged by a private business, the resulting resource cost estimate will capture all costs incurred by the training organisation to provide the training, including the cost of becoming CASA approved.
Additional cost for engineers in regional areas
There is likely to be a slightly higher cost impact for new engineers living in regional areas to access an authorised training organisation, however, these training organisations have developed distance and online learning methods to reduce the impact on those students living in regional and rural areas. Aviation Australia who currently provides the diploma course, provides up to 57% of their course through distance learning methods.
Over the last 3 years there were 667 newly licensed engineers, of which 159 (or 53 per year) were from a regional or rural area[12].
It is estimated that the proposed licensing system will cost an additional $4750 per applicant for the 53 regional applicants each year to complete the additional diploma element. The additional diploma element is 550 hours, of which it is estimated (based on discussions with two current training organisations) that the applicants must complete 236 hours of study at a training institution, with the remaining 314 hours being undertaken by distance learning methods and online assignments and assessments. The 236 hours, which is the equivalent of 8 weeks full-time study, is estimated to cost the regional applicant an additional $350 per week in living expenses ($2750 in total) based on the experiences of 15 recent regional licence applicants. The applicants will also incur a transport cost to make two trips to the training organisation at a cost of $1000 per trip, resulting in a total additional cost of $4750 per applicant. Each year for the 53 applicants this will cost $251 750.
There will also be an impact on those licence applicants that currently become qualified and licensed without completing a Certificate IV trade course. CASA estimates that 10% of the regional applicants (or 5 per year) utilised on the job training to become qualified and subsequently licensed without completing a certificate IV.
It is therefore estimated that 5 regional applicants each year will incur the additional cost to complete the equivalent of a Certificate IV. It is estimated to cost each individual an additional $11750 to become licensed, or $58 750 each year for the 5 applicants. The applicant must complete 1350 hours of study to complete a Certificate IV of which it is estimated that 43% (or 579 hours) must be completed face to face at a training institution. At an average of 30 hours per week this is the equivalent of 19 weeks full-time study, at a cost of $350 per week this will total $6750. The applicant will also incur a transport cost to make five trips to the training organisation at a cost of $1000 per trip, resulting in a total cost of $11 750 per applicant.
Aggregating the opportunity cost of applicant’s time and the resource cost of providing a diploma (or equivalent) provides an estimated cost for the proposed system of $7.6m each year. When compared to the costs of the current licensing system this results in a cost increase of $1.35m each year.
The proposed licensing system will involve the applicants undertaking an additional 550 hours of formal training to achieve a diploma level qualification. The additional formal training will improve their productivity at work. The productivity benefit can be seen by the fact that employers are willing to pay higher wages to staff with a diploma qualification. The ABS estimates that employers pay an additional 12.6% for staff with a diploma than staff with a Certificate IV or III qualification.[13]
The benefit to society of such a productivity improvement depends on the characteristics of the market for licensed engineers. It is known that the average wage is $60 663 per year[14] and that licensed engineers are paid approximately 8.7% more than an unlicensed maintenance engineer (FairWork 2009). Therefore, the base wage for licensed engineers is assumed to be $65 941 and that this wage applies to the 222 engineers applying for a licence each year.
With inelastic supply, the benefit to society of a 12.6% productivity improvement is simply the 12.6% change in wage multiplied by the 222 new licensed engineers each year, deriving an estimated annual benefit of $1.84m. This estimate is based on a point estimate derived from an ABS survey and is subject to sampling variation. The annual benefit would be $1.76m if the true estimate was 2 standard errors below the mean estimate derived from the survey. Or the annual benefit would be $1.93m if it was two standard errors above the mean estimate.
The estimated benefit is also dependent on the number of engineers assumed to become licensed in the future. If the number was 10% lower than that observed over the last three years, the benefit would be $1.7m each year. Conversely if it was 10% higher the benefit would be $2.0m.
Benefit of the proposed licence category change
The change in licence categories will result in businesses requiring fewer licensed engineers to be present and certify maintenance work. For example, under the current regulations a business would require both a licensed electrical and mechanical engineer to replace a vacuum switch on a hydraulic system, whereas under the proposed system only one engineer will be required.
In aggregate the magnitude of the efficiency improvement can be seen by comparing the number of engineers required by Australian maintenance businesses and European businesses subject to the regulations. On average, Australian businesses are required to employ 13% more licensed engineers per aircraft. In the UK 8695 licensed engineers are required for 21 000 registered aircraft (CAA, 2010b) (or 0.414 engineers per aircraft), compared to Australia in which 6 467 licensed engineers are required for 13 460 registered aircraft (or 0.48 engineers per aircraft). On these measures, the UK system represents a 13% efficiency improvement on Australia.
The estimated efficiency improvement is supported by evidence showing a reduction in total maintenance staff after the introduction of the licence categories in the UK in 2003, without any reduction in aircraft usage (Figure A1).
The experience of the UK is likely to provide a strong basis for assessing the regulations as the B1, B2, A and C license categories are identical to those operating in the UK. Moreover, the licence categories that existed in the UK prior to 2003 were similar to those that currently exist in Australia.
Figure A1: Maintenance Workers employed by UK Airlines and Aircraft movements (source: UK 2009, p.46).
Excluding 2003, the average reduction in maintenance workers was 2.6% each year, whereas in 2003 the reduction was 11.2%, or 8.6% greater than the trend reduction. If an 8.6% efficiency improvement was to be realised in Australia, this could generate a benefit of $15.7m per year for maintenance organisations. That is 8.6% of the current wage bill[15] for the 2 589 licensed engineers employed in the 250 businesses maintaining regular public transport aircraft. However, it is expected that this benefit will only start to accrue after the transition period is complete.
The change in the number of workers is consistent year on year, varying only by 2.5% on average with a standard deviation of 5%. The 11% change in 2003 is therefore more than 2 standard deviations from the mean change over other years. This provides strong evidence that the change in 2003 was not statistical noise and was caused by the change in the regulations. However, there is a degree of uncertainty around this estimated impact as it only is only based on one observation, ideally such an estimate should be based on observations of many countries implementing the regulations. In the absence of such data, it is important to highlight how different outcomes could impact on the estimated benefit of this change.
If the improvement in Australia was only 50% of that achieved in the UK, the annual benefit would be $7.8m, or if it was 50% greater than experienced by the UK the annual benefit would be $23.5m.
Costs of introducing a safety management system for maintenance organisations
Overall the expected upfront cost for businesses to implement the safety management system is estimated at $0.9m when aggregated across maintenance businesses of all sizes. The ongoing cost is estimated at $13.1m per year for all businesses, which equates to $108m in present value terms based on a 7% discount rate and a timeframe of 15 years. Box A1 outlines the construction of these cost estimates.
These cost estimates reflect the average cost based on the views of 4 businesses operating regular public transport aircraft who implemented a safety management system in 2009. If the cost estimates were to be based on the highest reported cost, rather than the average reported cost, the estimated upfront cost would be $2.7m and the annual ongoing cost $16.4m. Based on the lowest reported costs, the estimated upfront cost would be $0.7m and the annual ongoing cost $10.7m.
There will be an additional resource cost for CASA to assess the proposed safety management system of the business as part of the business’s application to service regular public transport aircraft. It is estimated that it will take CASA 90 hours on average to assess the applications of the 250 businesses, deriving an upfront cost of $3.4m when valued at $150 per hour.
One of the ongoing costs involves the maintenance business providing 1 day per year of human factor training for all maintenance engineers. The safety manager within the business will provide the training and the major cost of providing it is the opportunity cost of the engineers’ time.
The exact number of employees per maintenance business is not known, however, the ABS publishes the number of maintenance engineers employed in the aircraft repair industry, excluding the defence force, which in 2006 was 9 871 (ABS 2006). It is assumed that 40% of those engineers are employed in the 250 maintenance businesses that would potentially apply to become a Part 145 organisation.[16] At an average wage of $285 per day[17], the 1 day of human factor training provided each year to 3948 engineers will have an opportunity cost of $1.1m across those maintenance businesses.
Upfront costs Compliance for sole traders would require an understanding
of the safety management system principles, human factor training and the
development of a safety dataset. This would require 2 days of time to
understand SMS principles and a further 2 days training in human factors,
and a 1/2 day to setup an excel spreadsheet for the safety dataset. For
individual sole traders, this would generate an upfront cost of $3312,
based on 2.5 days of time valued at the average salary of $120 000 per
year and $800 in human factor training from an external provider. In
aggregate for the estimated 79 sole traders this would generate a total
cost of $198 000. This cost may be reduced by the CASA requirements being
similar to the processes required under State and Territory OH&S laws
that these businesses must already comply with. For small/medium maintenance organisations employing
less than 20 people, the time cost will be similar to sole traders with the
addition of 2 days in time for developing staff training material and an
investigation and audit program for the organisation. For individual small
organisations this will cost 2.5 days valued at an average salary of
$120 000 or $1395 per business. When this additional cost is added to
the $3312 cost for sole traders, this generates a cost of $4707 per
business. In aggregate for the 107 small businesses this will cost a total
of $418 000. For large businesses employing up to 200 people that are
not aircraft operators, the time cost will be similar to small/medium
business, however, the implementation of a safety management system will
require an additional one day valued at $558 for developing staff training
material and an investigation and audit program for the organisation. When
the additional $558 is added to the $4707 cost for small/medium
organisations, this derives a total cost of $5265 for individual large
organisations that are not aircraft operators. In aggregate for these 52
businesses this will cost a total of $23 200. For very large businesses employing more than 200 staff,
that are not aircraft operators, the time cost will similar to large
businesses and is therefore estimated at $5265 per business. In aggregate
for these 6 businesses this will cost a total of $26 790. In addition, there are 6 maintenance organisations
employing more than 200 people that operate aircraft who have already
implemented a safety management system for the aircraft operation side of
their business. For these organisations, it would take 5 days to extend the
SMS to the maintenance organisation side of their business generating a
total cost of $2791 per business or $16 744 in total for the 6
businesses in this category.
Box A1: Safety management system compliance costs by size of business
Ongoing costs For sole traders, there will be ongoing requirement to
demonstrate an understanding of the principles of safety management systems
and human factors, at cost of 1 day per year and 1 day to record any safety
incident in the database and comply with a safety audit. The total cost will be 2 days per year valued at a
salary of $120 000, generating a total cost of $1116 per business or
$88 000 in total when aggregated across the 79 sole traders. For small/medium organisations the ongoing costs will be
more significant, there will be more safety incidents to report, which will
need to be investigated, ongoing risk assessments will be required for the
assessment of safety risks, developing means of reducing risks and training
staff in safety. It is estimated that this will be equivalent to 40% of the
full-time workload for a person nominated as a safety manager within the
organisation. When valued at a salary of $135 000, this will cost
small/medium businesses approximately $54 000 each year. When this
cost is aggregated across the 107 small/medium businesses it will generate
an ongoing cost of $5.8m. For large maintenance organisations employing up to 200
staff that do not operate aircraft, will be required to perform the same
ongoing tasks of a medium sized business, but the additional employees will
generate more safety incidents and risks to be assessed and staff to be
trained. It is estimated that this will require 75% of the full time
workload of one person, valued at $101 000 for each business. When
this cost is aggregated across the 52 businesses in this category it will
generate an ongoing cost of $5.3m. For very large businesses employing more than 200 staff
will be required to employ a full-time safety manager and a part-time
safety analyst, at a salary of $135 000 and $75 000 respectively.
This will cost $200 000 each year, or $1.2m when aggregated across the
6 businesses in this category. The ongoing cost will be lower for very large businesses
that operate aircraft due to the synergies with the SMS requirements on
their aircraft operations. This would lower the cost to one full-time
equivalent safety manager at cost of $135 000 each year. And $0.8m
when aggregated across the 6 businesses in this category.
Benefits of the safety management system
Aviation safety
An evaluation of a safety management system introduced by Skyservice Airlines in Canada found that there was a 22.5% reduction in ground safety incidents and a 5.86% reduction in safety hazards. The UK CAA has found that aviation safety has improved since human factors training was introduced for aircraft maintenance organisations and aircraft operators (CAA 2009, p.18). This provides evidence on the possible impact of introducing safety management systems and human factors training for aircraft maintenance businesses within Australia.
In considering the possible impact within Australia, it is important to isolate the aviation accidents that can be attributed to maintenance errors that could be avoided by a safety management system.
The ATSB estimates that each year for regular public transport aircraft there are approximately 4 accidents, resulting in 2 fatalities and 4 written-off or substantially damaged aircraft (ATSB 2009, p. 10-13). Using a value of statistical life of $3.5m and an average aircraft value of $10m these accidents result in a $47.3m cost to society each year. The ATSB (ATSB 2007, p. 67) estimates that 33% of accidents can be attributed to mechanical failure resulting in annual value of $15.8m for mechanically related crashes.
If the safety management system was to reduce these mechanically caused accidents by a similar proportion to the reduction in ground safety incidents found by the Skyservices evaluation of 22.5%, this would generate a value of $3.5m each year[18]. If the improvement in safety was reflective of the reduction safety hazards found by the Skyservices evaluation of 5.86% than the benefit would be $0.9m each year.
Aviation efficiency
The reduction in maintenance errors not only provides a safety benefit, but it also improves the operational efficiency of maintenance businesses and airlines. Maintenance errors can lead to delayed or cancelled flights, that can cost an airline approximately $18 500 per hour for a delayed flight and $152 000 for a cancelled flight (ATSB 2008, p.2)[19].
The BITRE estimates that for the major airlines there are approximately 67 000 flight delays and 4100 flight cancellations each year, however, the BITRE does not identify how many are caused by maintenance errors (BITRE 2010, p. 10). A reasonable approximation is the 17% of safety/technical incidents caused by maintenance errors (ATSB 2007, p 28). This is a similar proportion of flight delays and cancellations caused by maintenance errors in the US of 14%. Based on the 17% estimate there would be approximately 11 450 flight delays and 700 flight cancellations each year caused by maintenance errors.
If the delays were to be one hour on average and valued at $18 500 per hour with cancellations valued at $152 000, then maintenance caused delays and cancellations would be valued at $318m each year.
If the safety management system was to reduce flight delays and cancellations caused by maintenance errors by a similar rate to the reduction in safety hazards found by the Skyservices evaluation of 5.86%, this would generate a benefit of $18.1m each year.[20] The benefit would be $70m each year if the improvement was based on Skyservices estimated reduction in ground safety incidents of 22.5%. Based on discussions with three Australian aircraft operators and to be conservative, the net benefit estimate reported in Table A5 is based on the lower estimate of 5.86%.
Aircraft operators
Overseas Maintenance
International aircraft operators currently use approximately 20 maintenance businesses in other countries that will require CASA approval. The approval process will involve a cost for the business to prepare the application and for CASA to assess that application.
It is estimated that the CASA assessment time will be approximately 90 man hours per business based on the experiences of CASA assessing the maintenance applications from Australian businesses. When valued at $150 per hour this will involve a cost of $0.27m in total for the 20 businesses.
It is difficult to estimate with accuracy the amount of time that the business will devote to seeking approval. It is likely that the costs will be minimal because they are established businesses (for example, British Airways, Cathay Pacific and Boeing). These companies will have documented procedures, including a SMS that are likely to meet CASA’s requirements. It has being assumed that the business would devote 1 month of a senior manager’s time to preparing the application, which is the average time that three Australian maintenance businesses devoted to preparing for a CASA approval. When valued at a salary of $160 000, this would equate to $13 300 per business or $0.27m in total for the 20 businesses. If 2 months of senior manager’s time was required, this would increase the cost to $0.54m, whereas if only 0.5 of a month was required the aggregate cost would be $0.13m
In total, the cost of the approval including the estimated business cost and CASA assessment time will be $0.54m or an average of $17 889 per business.
Table A5: Net Present Value Calculations $m
|
Benefits |
Y1 |
Y2 |
Y3 |
Y4 |
Y5 |
Y6 |
Y7 |
Y8 |
Y9 |
Y10 |
Y11 |
Y12 |
Y13 |
Y14 |
Y15 |
|
Productivity benefit of providing better training |
0.0 |
0.0 |
0.0 |
0.0 |
1.8 |
3.7 |
5.5 |
7.4 |
9.2 |
11.0 |
12.9 |
14.7 |
16.6 |
18.4 |
20.2 |
|
Efficiency benefit from licence category change |
0.0 |
0.0 |
0.0 |
0.0 |
15.7 |
15.7 |
15.7 |
15.7 |
15.7 |
15.7 |
15.7 |
15.7 |
15.7 |
15.7 |
15.7 |
|
SMS safety improvement |
0.0 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
|
SMS efficiency improvement |
0.0 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
|
Safety benefit from Part 42 |
0.0 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
0.8 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total undiscounted benefits |
0.0 |
19.8 |
19.8 |
19.8 |
37.3 |
39.1 |
41.0 |
42.8 |
44.6 |
46.5 |
48.3 |
50.2 |
52.0 |
53.8 |
55.7 |
|
Discount factor |
1.0 |
0.9 |
0.9 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
|
Total discount benefits |
0.0 |
18.4 |
17.1 |
15.9 |
27.9 |
27.2 |
26.5 |
25.8 |
25.0 |
24.2 |
23.4 |
22.6 |
21.8 |
21.0 |
20.2 |
|
|
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|
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|
|
|
|
|
|
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|
|
|
|
|
|
|
|
|
Costs |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Diploma training of engineers |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
1.4 |
|
Maintenance exposition |
5.6 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
|
SMS costs |
4.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
14.3 |
|
Set up CAMO |
5.6 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
|
Prepare Exposition |
0.9 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
|
Aircraft Reviews |
4.8 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
|
Overseas maintenance |
0.5 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total undiscounted costs |
23.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
16.1 |
|
Total discounted costs |
23.1 |
14.9 |
13.9 |
12.9 |
12.0 |
11.2 |
10.4 |
9.7 |
9.0 |
8.4 |
7.8 |
7.2 |
6.7 |
6.3 |
5.8 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
NPV benefits |
307.4 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
npv costs |
152.9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net benefit |
154.5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table A6: Worst Case Scenario Net Present Value Calculations $m
|
Benefits |
Y1 |
Y2 |
Y3 |
Y4 |
Y5 |
Y6 |
Y7 |
Y8 |
Y9 |
Y10 |
Y11 |
Y12 |
Y13 |
Y14 |
Y15 |
|
Productivity benefit of providing better training |
0.0 |
0.0 |
0.0 |
0.0 |
1.7 |
3.4 |
5.1 |
6.8 |
8.5 |
10.2 |
11.9 |
13.6 |
15.3 |
17.0 |
18.7 |
|
Efficiency benefit from licence category change |
0.0 |
0.0 |
0.0 |
0.0 |
7.8 |
7.8 |
7.8 |
7.8 |
7.8 |
7.8 |
7.8 |
7.8 |
7.8 |
7.8 |
7.8 |
|
SMS safety improvement |
0.0 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
0.9 |
|
SMS efficiency improvement |
0.0 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
18.1 |
|
Safety benefit from Part 42 |
0.0 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
0.4 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total undiscounted benefits |
0.0 |
19.4 |
19.4 |
19.4 |
28.9 |
30.6 |
32.3 |
34.0 |
35.7 |
37.4 |
39.1 |
40.8 |
42.5 |
44.2 |
45.9 |
|
Discount factor |
1.0 |
0.9 |
0.9 |
0.8 |
0.7 |
0.7 |
0.6 |
0.6 |
0.6 |
0.5 |
0.5 |
0.5 |
0.4 |
0.4 |
0.4 |
|
Total discount benefits |
0.0 |
18.0 |
16.8 |
15.6 |
21.6 |
21.3 |
20.9 |
20.5 |
20.0 |
19.5 |
18.9 |
18.4 |
17.8 |
17.2 |
16.6 |
|
|
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|
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|
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|
|
|
|
|
|
|
|
|
|
|
|
Costs |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Diploma training of engineers |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
2.1 |
|
Maintenance exposition |
16.9 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
|
SMS costs |
6.1 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
16.4 |
|
Set up CAMO |
5.6 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
|
Prepare Exposition |
0.9 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
|
Aircraft Reviews |
14.3 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
|
Overseas maintenance |
0.7 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
0.0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total undiscounted costs |
46.6 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
19.0 |
|
Total discounted costs |
46.6 |
17.7 |
16.5 |
15.3 |
14.2 |
13.2 |
12.3 |
11.4 |
10.6 |
9.9 |
9.2 |
8.6 |
8.0 |
7.4 |
6.9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
NPV benefits |
254.9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
npv costs |
199.0 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net benefit |
55.9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ATTACHMENT B
Details of the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1)
Regulation 1 – Name of Regulations
This Regulation provides that the title of the Regulations is the Civil Aviation and Civil Aviation Safety Amendment Regulations 2010 (No. 1).
Regulation 2 – Commencement
This Regulation provides that the Regulations commence as follows: on 27 June 2011 Regulations 1 to 4 and Schedules 1 and 2 and on 27 June 2013 – Schedule 3.
Regulation 3 – Amendment of Civil Aviation Safety Regulations 1998
This Regulation provides that Schedule
1 amends the Civil Aviation Safety Regulations 1998.
Regulation 4 – Amendment of Civil Aviation Regulations 1988
This Regulation provides that Schedule 1 and Schedule 2 amend the Civil Aviation Regulations 1988.
Schedule 1 – Amendments
Item [1] Table 13.375, item 4
This item amends item 4 in Table 13.375 to update the term to ‘aircraft engineer licence’ as ‘CAR31 licences’ no longer exists. This new term allows CASR 13.375 to continue to have legal effect.
Item [2] Subregulations 21.024 (2) and 21.026 (2)
This item amends subregulations 21.024 (2) and 21.026 (2) to clarify the use of the term pilot‑owner. This amendment clarifies the link between the term pilot-owner and the aircraft that they ‘own’ and provides certainty as to the legal effect of the subregulations.
Item [3] Paragraphs 21.031 (1) (e) and (2) (e)
Item [4] Regulation 21.163 Privileges for holders of production certificates — conduct of training in particular maintenance
This item replaces the existing regulation 21.163 with a new regulation to update references to Part 66 licences for aircraft that are now regulated by CASR Part 42 as inserted by item [17]. This substitution was made as ‘CAR31 licences’ no longer exist. This substitution allows CASR 21.163 to continue to have legal effect.
Item [5] Paragraphs 21.181 (5) (a) and (6) (a)
Item [6] Paragraph 21.183 (4) (c)
Item [7] After subregulation 21.183 (4)
This item inserts a new subregulation 21.183 (4A) to include references for aircraft that have become regulated by CASR Part 42. The subregulation provides the detail as to what is actually contemplated by a mention of the ‘issue of a maintenance release’. The amendment also allows aircraft to operate either to the CASR Part42 performance rules or to those of the existing CAR. This amendment allows these regulations to continue to have legal effect. This amendment would also provides legal clarity in relation to the term ‘issue of a maintenance release’ but that aspect of the amendment does not change the practical effect of the provision.
Item [8] Subregulation 21.184 (3)
Item [9] Paragraph 21.184 (4) (c) and 21.184A (2) (c)
Item [10] Subregulation 21.197 (5)
Item [11] Paragraph 21.303 (2) (e)
This item amends paragraph 21.303 (2) (e) to remove the partial definition provided by the paragraph and to use the term ‘standard parts’. A definition of ‘standard parts’ is provided by the CASR dictionary. This amendment provides legal drafting clarity and finesse only and does not change the practical effect of the provision.
This item amends regulation 21.305 application from ‘these regulations’ to ‘this Part’. Airworthiness requirements may be dealt with in either CASR Part 21 or 42 depending on the specific nature of the requirement. Where a Part 42 airworthiness requirement specifically requires a CAR Part 21 approval it directs the use of that Part. Given the interrelationship between CASR Part 21 and 42 the effect of the amendment is to allow each Part to deal with airworthiness related approvals by specific cross reference rather than generic application.
This item amends regulation 21.306 to update it with the correct terminology of ‘standard parts’ and correct the previous suggestion that there is link between materials, parts and appliances to a type design. A definition of ‘standard parts’ is now provided by the CASR dictionary. This amendment provides legal drafting clarity and finesse only and does not change the practical effect of the provision.
Item [14] Subregulation 21.329 (3)
This item amends subregulation 21.329 (3) to update the references for aircraft that have become regulated by CASR Part 42 and provide a cross reference to the existing definition of maintenance release inspection. The cross reference amendment provides legal drafting clarity and finesse only and does not change the practical effect of the provision. This amendment allow this subregulation to continue to have legal effect .
Item [15] Subregulation 21.329 (7), source note
Item [16] Regulation 21.337, including the source note
Item [17] After Part 39
This item has inserted a new Part 42 - Continuing airworthiness requirements for aircraft and aeronautical products.
CASR Part 42 - Continuing airworthiness requirements for aircraft and aeronautical products
42.005 Purpose of Part
This Regulation sets out the purpose of CASR Part 42 in relation to continuing airworthiness requirements for aircraft and aeronautical products and provides CASA with the power to issue a MOS for Part 42.
42.010 Applicability of Part
This Regulation sets out the applicability of CASR Part 42 which applies to aircraft registered under CASR Part 47 and the aeronautical products for these aircraft.
42.015 Definitions for Part
This Regulation sets out the definitions that apply to CASR Part 42 and are additional to the definitions in the Act and the CASR Dictionary.
42.020 Part 42 Manual of Standards
This Regulation gives CASA the power to issue a MOS for CASR Part 42. The CASR Part 42 MOS specifies matters affecting the maintenance or airworthiness of aircraft. In particular the MOS specifies the following matters:
· that a document issued under the law of foreign country is an equivalent to an Authorised Release Certificate;
· that an aircraft of a particular type is a large aircraft or small aircraft for the purpose of the definition of large and small aircraft in the CASR Dictionary;
· the maintenance that pilots or a flight engineers are permitted to carry out;
· the maintenance that an independent maintainer must not carryout because of the complexity of the maintenance;
· requirements for an approved maintenance program for an aircraft;
· requirements for a reliability program for an aircraft;
· that a document is an aviation industry standard for the purpose of the definition of maintenance data;
· requirements for the issue and continuation of an approval of maintenance organisation to provide maintenance services for only small aircraft that are not authorised to operate under an Air Operators Certificate (AOC); and
· requirements for the issue and continuation of an approval as a continuing airworthiness management organisation.
Subpart 42.B Requirements for registered operators
Division 42.B.1 Preliminary
42.025 Purpose of Subpart
This Regulation sets out the purpose of CASR Subpart 42.B which sets out the continuing airworthiness requirements that apply to the registered operator of the aircraft.
Division 42.B.2 Continuing airworthiness requirements
42.030 Continuing airworthiness requirements — all aircraft
This Regulation sets out the obligation of the registered operator of an aircraft in relation to the continuing airworthiness of the aircraft. The registered operator must ensure requirements of this Regulation are met before operating an aircraft for a flight or permitting an aircraft to be operated for a flight.
The registered operator commits an offence under this Regulation if the registered operator operates the aircraft or permits the aircraft to be operated for a flight and the registered operator has not ensured that the requirements of this Regulation are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.035 Condition of AOC — aircraft authorised to operate under AOCs
This Regulation makes Regulation 42.040 as condition of the AOC for the aircraft that are authorised to operate under an AOC.
This Regulation requires that:
· the registered operator of an aircraft that is authorised to operate under an air transport AOC is approved by CASA as a continuing airworthiness management organisation;
· the registered operator of an aircraft that is authorised to operate under an AOC other than an air transport AOC is approved by CASA as a continuing airworthiness management organisation or have a contract with a continuing airworthiness management organisation to ensure continuing airworthiness requirements for the aircraft are met; and
· the registered operator of a large aircraft that is not authorised to operate under an AOC is approved by CASA as a continuing airworthiness management organisation or have a contract with a continuing airworthiness management organisation to ensure continuing airworthiness requirements for the aircraft are met.
42.045 Small aircraft not authorised to operate under AOCs may have a continuing airworthiness management organisations
This Regulation permits the registered operator of a small aircraft that is not authorised to operate under an AOC to enter into a contract with a continuing airworthiness management organisation for the organisation to ensure continuing airworthiness requirements for the aircraft are met.
42.050 Form of continuing airworthiness management contract — all aircraft
This Regulation sets out the form and content of a contract between the registered operator of an aircraft and a continuing airworthiness management organisation. The registered operator commits an offence if the contract does not comply with requirements of this Regulation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.055 Giving information in accordance with contract
This Regulation requires the registered operator of an aircraft to give information related to the continuing airworthiness of the aircraft to the continuing airworthiness management organisation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.060 Copy of certain provisions of contract to be given to CASA
This Regulation requires that the registered operator of an aircraft gives CASA a copy of the provisions of the contract that deals with the continuing airworthiness management of the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.065 Copy of variation of certain provisions of contract to be given to CASA
This Regulation requires the registered operator of an aircraft to give CASA a copy of the varied provisions of the contract that deals with the continuing airworthiness management of the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.070 Notice of termination of contract to be given to CASA
This Regulation requires that the registered operator of an aircraft gives CASA notice of the termination of a contract with the continuing airworthiness management of the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.075 Notice of contravention of Part to be given to CASA
This Regulation requires the registered operator of an aircraft to give CASA notice regarding contravention of a provision of this Part by a continuing airworthiness management organisation if the registered operator has reasonable grounds to believe that the organisation has contravened a provision of this Part.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.080 Maintenance of aircraft and aeronautical products
This Regulation requires the registered operator of an aircraft to which CASR Part 42 applies must ensure that maintenance carried out on their aircraft and aeronautical products is only carried out by a person who is permitted to do so. Subpart.42.D sets out who is permitted to carry out maintenance on aircraft and aeronautical products and the conditions and limitations associated with the permission.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.B.3 Record-keeping requirements in relation to authorisations under regulation 42.630
42.085 Application of Division
This Regulation sets out the applicability of the Division that applies to the registered operator of an aircraft if:
· the continuing airworthiness management organisation for the aircraft has authorised a pilot or flight engineer to carry out maintenance on the registered operator’s aircraft; and
· has given the registered operator a copy of the authorisation.
42.090 Retaining copies of authorisations
This Regulation requires the registered operator of an aircraft to retain a copy of the authorisation, issued to the pilot licence holders and flight engineers to carry out maintenance, for at least 2 years after the authorisation ceases to be in force.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.095 Keeping list of authorised pilot licence holders and flight engineers
This Regulation requires the registered operator of an aircraft to keep an up-to-date list of the pilot licence holders and flight engineers who hold authorisations to carry out maintenance on the registered operator’s aircraft. The Regulation requires the list to include certain information specified in the Regulation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 42.C Continuing airworthiness management — requirements for person responsible for continuing airworthiness for an aircraft
Division 42.C.1 Preliminary
This Regulation sets out the purpose of this Subpart for the requirements relating to the continuing airworthiness of an aircraft that apply to the person responsible for continuing airworthiness for the aircraft.
42.105 Meaning of person responsible for continuing airworthiness for an aircraft
This Regulation defines who the person responsible for continuing airworthiness is for a particular aircraft. If the registered operator has a contract with a continuing airworthiness management organisation for ensuring the requirements of this Subpart are met, the organisation is the person responsible for continuing airworthiness. For all other requirements (for which there is no contract) the registered operator is the person responsible for continuing airworthiness for the aircraft.
Division 42.C.2 Continuing airworthiness management tasks
42.110 Complying with regulations in this Division
This Regulation creates an offence against the person responsible for continuing airworthiness if they do not comply with each of the requirements of Regulations 42.115 to 42.165.
Non-compliance with any of the requirements of the Regulations 42.115 to 42.165 is an offence of strict liability. These incur 50 penalty units.
42.115 Rectification of defect to aircraft before flight — all aircraft
This Regulation requires the person responsible for continuing airworthiness for an aircraft to ensure that a defect that affects the safe operation of the aircraft is rectified before the aircraft is next operated on a flight.
42.120 Compliance with airworthiness directives — all aircraft
This Regulation requires the person responsible for continuing airworthiness for an aircraft to ensure that each AD that applies to the aircraft and any aeronautical product that is fitted to the aircraft complies with CASR Part 39.
42.125 Approval of design for modifications or repairs to aircraft — all aircraft
This Regulation requires the person responsible for continuing airworthiness for an aircraft to ensure that the existing design for the aircraft is not changed through a modification and repair unless there is a CASR Part 21 approval for the modification and repair. The Regulation also requires the person to ensure that the modification and repair is compatible with the configuration of the aircraft.
42.130 Dealing with certain instructions for continuing airworthiness — aircraft authorised to operate under AOC and large aircraft
This Regulation requires the person responsible for the continuing airworthiness for the aircraft to ensure that any maintenance required by an instruction for continuing airworthiness for the aircraft, aircraft’s engine or propeller is complied with or reason for not complying is recorded. However, this Regulation does not apply if an instruction for continuing airworthiness is to be complied with under another provision of these Regulations.
42.135 Replacement of service life limited aeronautical product — all aircraft
This Regulation requires the person responsible for continuing airworthiness for an aircraft to ensure that the aircraft is not operated for flight with a life limited aeronautical product that has reached its time life limit.
42.140 Approved maintenance program required — aircraft authorised to operate under AOCs and large aircraft
This Regulation requires the person responsible for continuing airworthiness for an aircraft to provide an approved maintenance program for the aircraft before the aircraft is operated for its first flight after the person becomes the person responsible for continuing airworthiness for the aircraft.
The Part 42 MOS sets out the minimum standards the maintenance program must meet for the approval by the Continuing Airworthiness Management Organisation (CAMO) or CASA.
42.145 Compliance with maintenance program required — all aircraft
This Regulation requires the person responsible for continuing airworthiness for the aircraft to ensure that maintenance is carried out on the aircraft as required by the aircraft’s maintenance program.
42.150 Updating approved maintenance program following change to instructions for continuing airworthiness
This Regulation requires that the person responsible for continuing airworthiness for the aircraft makes changes to the approved maintenance program to ensure the program continues to comply with the instructions for continuing airworthiness for the aircraft and aeronautical product fitted to the aircraft.
42.155 Ensuring effectiveness of approved maintenance program using approved reliability programs — certain aircraft
This Regulation requires the person responsible for continuing airworthiness for the aircraft to have an approved reliability program for certain aircraft to ensure maintenance program for the aircraft is effective. The Regulation requires an approved reliability program for an aircraft if:
· the aircraft’s maintenance program includes reliability based maintenance requirements;
· the aircraft is subject to an extended diversion time operation (EDTO) approval; or
· the instructions for continuing airworthiness for the aircraft or aeronautical product require the use of a reliability program.
The purpose of the reliability program is to ensure the maintenance program for the aircraft is effective. The Part 42 MOS sets out the minimum standards the reliability program must meet for the approval by CASA.
This Regulation requires the person responsible for continuing airworthiness for a large aircraft and an aircraft authorised to operate under an AOC to analyse the effectiveness of the maintenance program for the aircraft at least once every 12 months if the aircraft does not need a reliability program under Regulation 42.155. A record must be made of the results of the analysis and the information that substantiates the results of the analysis.
If the results of the analysis indicate that the maintenance program should be varied, the person responsible for continuing airworthiness for the aircraft must arrange for the variation to the maintenance program within 30 days of completing the analysis.
42.165 Removal of aeronautical products fitted as permitted by regulation 42.440
This Regulation applies if an aeronautical product is fitted to an aircraft without an authorised release certificate under Regulation 42.440. This Regulation requires the person responsible for continuing airworthiness for the aircraft to obtain the authorised release certificate within 36 flight hours or to ensure that the product is removed from the aircraft.
Division 42.C.3 Continuing airworthiness records — all aircraft
Subdivision 42.C.3.1 Continuing airworthiness records system
42.170 Continuing airworthiness records system
This Regulation requires the person responsible for continuing airworthiness for an aircraft to have a record system that is capable of containing the continuing airworthiness records for the aircraft required under CASR Part 42. The record system for a particular aircraft must identify the aircraft by its make, type and model designation, registration mark and serial number.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.C.3.2 Information about aircraft
42.175 Requirement to record information
This Regulation requires the person responsible for continuing airworthiness for an aircraft to comply with the requirements of Regulations 42.180 to 42.210 in relation to the aircraft. Regulations 42.180 to 42.210 require recording of continuing airworthiness information for the aircraft. This regulation also requires the person to ensure all records are made in writing in the continuing airworthiness records system for the aircraft. Regulations 42.180 to 42.210 require recording of continuing airworthiness information for the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.180 Information about aircraft engines and propellers
This Regulation requires the person responsible for continuing airworthiness for an aircraft to keep an up-to-date record of information that identify each of the engines and propellers fitted to the aircraft including its:
· make;
· type and model designation; and
· serial number.
42.185 Information about empty weight of aircraft
This Regulation requires the person responsible for continuing airworthiness for an aircraft to keep an up-to-date record of the:
· empty weight of the aircraft; and
· the position of the centre of gravity on the aircraft in its empty weight configuration.
42.190 Information about utilisation of aircraft
· the total time-in-service of the aircraft;
· the total time-in-service of each of the engines; and
· if applicable, the total time-in-service of each of the propellers.
42.195 Information about compliance with airworthiness directives
This Regulation requires the person responsible for continuing airworthiness for an aircraft to keep an up-to-date record of following information in relation to each AD that applies to the aircraft and aeronautical products fitted to the aircraft:
· identification of the AD;
· if an action is required to meet the requirement of the AD — when the action is due to be carried out;
· if requirements have been met — when the requirements were met;
· if a means of compliance with the AD has been met — the means that was used to comply with it; and
· if the AD applies to an aeronautical product fitted to the aircraft — the part and serial number (if any) for the product.
42.200 Information about compliance with maintenance program
This Regulation requires the person responsible for continuing airworthiness for an aircraft to keep an up-to-date record of following information in relation to the maintenance required by the aircraft’s maintenance program:
· identification of the maintenance;
· the interval for the maintenance;
· if the maintenance relates to an aeronautical product — the part and serial number (if any) for the product;
· if the maintenance has been carried out — when the maintenance was carried out; and
· when the maintenance is next due to be carried out.
42.205 Information about modifications
This Regulation requires the person responsible for continuing airworthiness for an aircraft to keep an up-to-date record of information in relation to modifications carried out to the aircraft:
· a description of the modification;
· a reference to the design data used for the modification;
· when the date that the modification was made; and
· if the modification relates to an aeronautical product - the part and serial number (if any) for the product.
42.210 Information about aeronautical products with a life limit
This Regulation requires the person responsible for continuing airworthiness for an aircraft to keep an up-to-date record of information in relation to life limited aeronautical product fitted to the aircraft:
· identification of the aeronautical product, including its part and serial number (if any);
· the life limit for the aeronautical product; and
· when the aeronautical product is due to be removed from the aircraft.
Subdivision 42.C.3.3 Substantiating documents
42.215 Substantiating documents
This Regulation requires the person responsible for continuing airworthiness for an aircraft to keep documents that substantiate the information recorded under Regulations 42.180 to 42.210.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.C.3.4 Flight technical log
42.220 Flight technical log
This Regulation requires the person responsible for continuing airworthiness for an aircraft to have a flight technical log for the aircraft that is capable of containing the information required to be included under CASR Part 42. CASR Part 42 requires the following information to be included in the flight technical log:
· details of any item of operational or emergency equipment that is unserviceable;
· if applicable, information about the next maintenance that is due to be carried out on the aircraft in accordance with the aircraft’s maintenance program;
· information relating to the deferral of the rectification of a defect;
· a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft;
· details of any defect of which the pilot becomes aware during the operation of the aircraft; and
· if applicable, utilisation information for each flight that is used to manage continuing airworthiness of the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.225 Availability of flight technical log
This Regulation requires the person responsible for continuing airworthiness for an aircraft to ensure that the flight technical log for the aircraft is available to:
· the pilot in command of the aircraft; and
· the person who is carrying out maintenance on the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.C.3.5 Recording the next maintenance due to be carried out
42.230 Recording details of the next maintenance due to be carried out in the flight technical log
This Regulation requires the person responsible for continuing airworthiness for an aircraft to have an up-to-date record of information about the next maintenance that is due to be carried out on the aircraft in accordance with the aircraft’s maintenance program. This Regulation only applies if the person responsible for continuing airworthiness is not a CAMO or if the person does not have another means of recording the information approved by CASA.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.235 Approval of another means of recording the next maintenance due to be carried out
This Regulation only applies if the person responsible for continuing airworthiness for an aircraft is not a CAMO. This Regulation permits the person responsible for continuing airworthiness for the aircraft to apply to CASA for approval of another means, other than a flight technical log, for recording details of the next maintenance that is due to be carried out in accordance with the aircraft’s maintenance program.
CASA must approve the means of recording if it is satisfied that the means of recording is at least as reliable a means of recording the information in the flight technical log.
42.240 Recording details of the next maintenance that is due to be carried out by approved other means
This Regulation requires the person responsible for continuing airworthiness for an aircraft that has an approval for another means of recording the details of the next maintenance under Regulation 42.235, to record the information about the maintenance in accordance with the approval.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.C.3.6 Recording utilisation information
42.245 Ensuring flight technical log can contain utilisation information mentioned in regulation 42.190 for each flight if another means not approved
This Regulation requires the person responsible for continuing airworthiness for an aircraft to ensure the flight technical log is capable of recording utilisation information for the aircraft and aeronautical products for a flight unless they have approval for another means of recording the utilisation information under Regulation 42.250. This is the utilisation information that the person uses to manage continuing airworthiness of the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.250 Approval of another means of recording utilisation information mentioned in regulation 42.190 for each flight
This Regulation permits the person responsible for continuing airworthiness for an aircraft to apply to CASA for approval of another means, besides the flight technical log, for recording utilisation information for the aircraft and aeronautical products for a flight. This is the utilisation information that the person uses to manage continuing airworthiness of the aircraft.
CASA must approve the means of recording if satisfied that it is at least as reliable a means of recording the information in the flight technical log.
42.255 Recording utilisation information mentioned in regulation 42.190 for each flight by approved other means
This regulation only applies if the person responsible for continuing airworthiness for an aircraft has an approval for another means, besides the flight technical log, for recording utilisation information mentioned in regulation 42.190 for a flight. This regulation requires the person responsible for continuing airworthiness for an aircraft to record the utilisation information for the flight in accordance with the approval.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.C.3.7 Retention and transfer of records
42.260 Retention of continuing airworthiness records
This Regulation requires the person responsible for continuing airworthiness for an aircraft to retain the continuing airworthiness records for the aircraft for the duration mentioned in the Regulation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.265 Transfer of continuing airworthiness records for aircraft
This Regulation requires the person who ceases to be a person responsible for continuing airworthiness for an aircraft to provide the continuing airworthiness records to the person who becomes responsible for continuing airworthiness for the aircraft within 30 days.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.C.4 Major defects — reporting and investigating
42.270 Reporting major defects — all aircraft
This Regulation requires the person responsible for continuing airworthiness for an aircraft to report all major defects in the approved form within 2 days of becoming aware of the defect to CASA and if applicable to the:
· the type certificate holder or foreign type certificate holder for the aircraft;
· the supplemental type certificate holder or foreign supplemental type certificate holder for the aircraft;
· the holder of the Parts Manufacturer Approval;
· the holder of the Australian Parts Manufacturer Approval; or
· the modification/repair design approval.
The person commits an offence if they do not report a major defect in accordance with requirements of this Regulation. Each non-compliance is an offence and incurs 50 penalty units.
42.275 Investigating major defects — large aircraft and aircraft authorised to operate under an AOC
This Regulation requires the person responsible for continuing airworthiness for a large aircraft or aircraft authorised to operate under an AOC that becomes aware of a major defect in the aircraft to investigate and provide a report of the findings to CASA within 14 days after the investigation.
The person commits an offence if they do not investigate and report the findings of a major defect in accordance with requirements of this Regulation. Each offence incurs 50 penalty units.
42.280 Action by CASA following report of major defect
This Regulation permits CASA to issue a notice to the person who reports a major defect to:
· give CASA further information in relation to the major defect within a period specified; or
· keep the aircraft, or the part of the aircraft that is defective, in a state that will allow CASA to investigate the defect.
The Regulation also requires the person to comply with the notice.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.285 Action by certificate holder or approval holder following report of major defect
This Regulation permits a person mentioned in Regulation 42.270 (1) (except CASA) who receives report of a major defect to issue a notice to the person reporting the defect to provide further information on the major defect. Such a notice must specify the period (at least 14 days from the date of the request) within which the further information must be provided. The person who receives the notice must comply.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 42.D Maintenance
Division 42.D.1 Preliminary
42.290 Purpose of Subpart
This Regulation sets out the purpose of this Subpart. The Subpart sets out requirements for:
· who is permitted to carry out maintenance;
· carrying out maintenance on an aircraft or an aeronautical product;
· critical control system maintenance;
· dealing with defects; and
· making and keeping records for maintenance.
Division 42.D.2 Permissions for section 20AB of the Act — aircraft
42.295 Who is permitted to carry out maintenance on aircraft — approved maintenance organisations
This Regulation permits approved maintenance organisations and their employees to carry out maintenance on aircraft to which CASR Part 42 applies. This is for subsection 20AB (2) of the Act.
The Regulation also specifies the class of aircraft that a CASR Part 145 and Subpart 42.F maintenance organisation and their employee’s are permitted to carry out maintenance on and the conditions and limitations associated with the permission.
42.300 Who is permitted to carry out maintenance on aircraft under section 20AB of the Act — individuals not working for approved maintenance organisations
This Regulation permits individuals such as a licensed aircraft maintenance engineer, pilot or a flight engineer not working for approved maintenance organisations to carry out maintenance on aircraft to which CASR Part 42 applies. This is for subsection 20AB (2) of the Act.
The Regulation also sets out the class of aircraft that each class of individuals is permitted to carry out the maintenance on and the conditions and limitations associated with the permission.
Division 42.D.3 Permissions for section 20AB of the Act — aeronautical products
42.305 Who is permitted to carry out maintenance on aeronautical products
This Regulation permits CASR Part 145, Subpart 42.F maintenance organisations and their employees to carry out maintenance on aeronautical products to which CASR Part 42 applies. This is for subsection 20AB (2) of the Act.
The Regulation also sets out the kinds of aeronautical products that each class of individuals is permitted to carry out the maintenance on and the conditions and limitations associated with the permission.
Division 42.D.4 Requirements for carrying out maintenance
42.310 General requirements for carrying out maintenance
This Regulation puts an obligation on the approved maintenance organisations or the independent maintainer who provides the maintenance service to ensure that the maintenance is carried out:
· in accordance with maintenance data for the maintenance;
· using facilities that are appropriate for the maintenance;
· if applicable, using tools, equipment or materials are mentioned in the maintenance data for the maintenance; and
· if applicable, using measuring and testing equipment that are accurate for maintenance being carried out.
The approved maintenance organisations or the independent maintainer commits an offence if the requirements of this Regulation are not complied with. Each offence incurs 50 penalty units.
42.315 Ensuring individuals are competent to carry out maintenance
This Regulation puts an obligation on the approved maintenance organisation or the independent maintainer who provides the maintenance service to ensure that the individuals who carry out maintenance are competent to carry out the maintenance or is supervised by someone who is competent. The Regulation defines competent as an individual who has the skills and knowledge to carry out the maintenance to the standard required by the maintenance data for the maintenance.
The approved maintenance organisations or the independent maintainer commits an offence if the requirements of this Regulation are not complied with. Each offence incurs 50 penalty units.
42.320 Restriction on maintenance that independent maintainers may instruct or permit supervised individuals to carry out
This Regulation restricts an independent maintainer from supervising the maintenance that the independent maintainer is not permitted to carry out.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.325 Maintenance involving modifications and certain repairs
This Regulation requires that the approved maintenance organisation or independent maintainer who carries modification and repair involving changes to the approved design for an aircraft and aeronautical product, must ensure:
· there is a CASR Part 21 approval for the design of the modification or repair; and
· the modification or repair complies with the design.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.330 Removal of tools etc after carrying out maintenance
This Regulation requires that the approved maintenance organisation or independent maintainer, who carries out maintenance on an aircraft and aeronautical products, must remove any tools, equipment or foreign objects from the aircraft or aeronautical products before a certificate of release to service is issued for the aircraft or aeronautical product in relation to the maintenance.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.D.5 Requirements for independent inspection of critical control system maintenance
42.335 Meaning of independent individual
This Regulation defines the independent individual who is permitted to carry out verification of critical control system maintenance on an aircraft.
42.340 Requirement for verification and record for critical control system maintenance
This Regulation puts an obligation on the approved maintenance organisation or the independent maintainer to ensure that the independent individual as defined in Regulation 42.335 carries out a verification of the critical control system maintenance on an aircraft control system and makes a record of the verification in accordance with Regulation 42.345. This must be done before the certificate of release to service is issued for the aircraft.
The approved maintenance organisation or the independent maintainer commits an offence if the requirements of this Regulation are not complied with. Each offence incurs 50 penalty units.
42.345 Verification and record for critical control system maintenance
This Regulation permits an independent individual to make record of verification of the critical control system maintenance on an aircraft if they have verified that:
· the part of the aircraft control system on which the maintenance was carried out is assembled and configured in accordance with the maintenance data; and
· the aircraft control system is functioning correctly.
The independent individual commits an offence if they make a record of verification without complying with this Regulation. Each offence incurs 50 penalty units.
Division 42.D.6 Requirements for dealing with defects
Subdivision 42.D.6.1 Dealing with defects
42.350 Meaning of qualified individual
This Regulation defines the qualified individual who is permitted to defer rectification of defect on an aircraft.
42.355 Recording defects
This Regulation requires an individual who is carrying out maintenance on an aircraft to record in the continuing airworthiness records system for the aircraft any defect in the aircraft they become aware of. This must be done before a certificate of release to service is issued for the aircraft.
Non-compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
42.360 When qualified individual may defer rectification of defect
This Regulation permits a qualified individual to defer the rectification of a defect for a flight if:
· the defect does not adversely affect the airworthiness of the aircraft; or
· the operation of the aircraft for a flight with the defect is permitted by any of the following:
o the instructions for continuing airworthiness for the aircraft;
o the minimum equipment list for the aircraft;
o the configuration deviation list for the aircraft;
o an AD; or
· the defect consists of, or is caused by, damage to the aircraft that is approved as a permissible unserviceability under Regulation 21.007; or
· the defect is in an item of operational or emergency equipment that:
o is not required by the certification basis for the aircraft; and
o is not required by or under these Regulations for the flight.
The qualified individual commits an offence if they defer a defect without complying with this Regulation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.365 How rectification of defect is deferred
This Regulation sets out how a qualified individual is required to defer rectification of defect. The individual must:
· make a record of the defect that complies with Regulation 42.370;
· sign the record; and
· insert their aircraft engineer licence number or certification authorisation number in the record.
42.370 Record for deferral of rectification of defect
This regulation requires a qualified individual to make a record of deferral of rectification of defect in the continuing airworthiness records system for the aircraft or in certain cases in the flight technical log for the aircraft.
The record must contain:
· a description of the defect; and
· the justification for the deferral; and
· any limitations or conditions that apply to the operation of the aircraft with the defect.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.D.6.2 Reporting defects
42.375 Major defect reporting — independent maintainer carrying out maintenance on aircraft
This Regulation requires an independent maintainer to report a major defect in an aircraft to the person responsible for continuing airworthiness for the aircraft if the maintainer is carrying maintenance on the aircraft and becomes aware of the defect.
Non-compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
42.380 Major defect reporting — approved maintenance organisation carrying out maintenance on aircraft
This Regulation requires an approved maintenance organisation to report a major defect in an aircraft to the person responsible for continuing airworthiness for the aircraft if the organisation is carrying out maintenance on the aircraft becomes aware of the defect.
Non-compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
42.385 Major defect reporting — approved maintenance organisation carrying out maintenance on aeronautical product
This Regulation requires an approved maintenance organisation to report a major defect in an aeronautical product to CASA if the organisation carrying out maintenance on the aircraft becomes aware of the defect.
Non-compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
42.390 Reporting requirements
This Regulation specifies that a person who is required to report major defect under Regulation 42.375, 42.380 or 42.385 must make the report in the approved form and within 2 days after the person becomes aware of the defect.
Non-compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
Division 42.D.7 Requirements for recording maintenance on aircraft or aeronautical products
42.395 Recording maintenance information for aircraft
This regulation requires an approved maintenance organisation or independent maintainer to ensure that a maintenance record entry is made for the maintenance carried out on an aircraft before the certificate of release to service is issued for the aircraft. The regulation would require the record to include details of maintenance carried out as set out in the regulation.
Non-compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
42.400 Making maintenance record for aeronautical products
This Regulation puts an obligation on the approved maintenance organisation or independent maintainer to ensure that a maintenance record entry is made for the maintenance carried out on aeronautical products if carried out by an individual. The Regulation provides details the maintenance organisation is required to record. The record must be completed before the certificate of release to service is issued for the aeronautical product.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.405 Provision of maintenance record and other documents to registered operator
This Regulation puts an obligation on the approved maintenance organisation or the independent maintainer to ensure a record of the maintenance carried out on an aircraft is given to the person responsible for continuing airworthiness for the aircraft within 30 days after the certificate of release to service is issued for the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.410 Retention of copy of maintenance record by approved maintenance organisation
This Regulation requires an approved maintenance organisation to keep a copy of the maintenance record for maintenance carried out on an aircraft or aeronautical product for 2 years from the date the organisation issued the certificate of release to service for the aircraft or aeronautical product.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 42.E Aeronautical products
Division 42.E.1 Preliminary
42.415 Purpose of Subpart
This Regulation sets out the purpose of this Subpart. The Subpart sets out the requirements for:
· fitting parts to, and using materials in, aircraft and aeronautical products; and
· the control of unserviceable and unsalvageable parts; and
· the control of unapproved parts.
Division 42.E.2 Requirements for fitting parts and using materials
42.420 Fitting parts other than standard parts
This Regulation sets out the requirements that must be met for fitting a part other than standard part to an aircraft or aeronautical product.
42.425 Obligations and offences for fitting parts other than standard parts
This Regulation puts an obligation on the approved maintenance organisation and independent maintainer to ensure the requirements of Regulation 42.420 are met if a part other than a standard part is fitted to an aircraft or aeronautical product.
The approved maintenance organisation or the independent maintainer commits an offence if a part other than a standard part is fitted without complying with Regulation 42.420.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.430 Fitting parts removed from aircraft — permission for paragraph 42.420 (5) (c)
This Regulation sets out the requirements that must be met for fitting a part which has been removed from a location on an aircraft and is to be fitted to another location on the same aircraft or in any location on another aircraft.
42.435 Fitting parts fabricated by approved maintenance organisations — permission for subparagraph 42.420 (5) (a) (ii)
This Regulation sets out the requirements that must be met for fitting a part which has been fabricated by an approved maintenance organisation.
42.440 Fitting parts for which there is no authorised release certificate — permission for subparagraphs 42.420 (5) (a) (ii) and (b) (iii)
This Regulation sets out the requirements that must be met for fitting a part for which an authorised release certificate is not available.
42.445 Fitting standard parts
This Regulation sets out the requirements that must be met for fitting a standard part to an aircraft or aeronautical product. The Regulation also put the obligation on the approved maintenance organisation and independent maintainer to ensure the requirements are met in relation to fitting a standard part.
The approved maintenance organisation or the independent maintainer commits an offence if an standard part is fitted without complying with this Regulation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.450 Fitting parts removed from same place on aircraft — permission for paragraphs 42.420 (1) (a) and 42.445 (1) (a)
This Regulation sets out the requirements that must be met for re-fitting a part in the same location from where it has been removed.
42.455 Using materials
This Regulation sets out the requirements that must be met for using material in or on an aircraft or an aeronautical product. The Regulation also requires the approved maintenance organisation or independent maintainer to ensure these requirements are met.
The approved maintenance organisation or the independent maintainer commits an offence if a material is used in or on an aircraft or an aeronautical product without complying with this Regulation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.E.3 Requirements for controlling unserviceable and unsalvageable parts
42.460 Control of unserviceable parts
This Regulation requires the approved maintenance organisation and independent maintainer to ensure unserviceable parts are labelled or tagged as unserviceable with the following information to be included in the label or tag:
· identification of the part, including the part name, part number and serial number (if any);
· the origin of the part, including information about the aircraft or aeronautical product from which the part has been removed; and
· the reason that the part is unserviceable.
The Regulation also requires approved maintenance organisations and independent maintainers to keep the unserviceable part separately from the serviceable parts.
Non compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
42.465 Control of unsalvageable parts
This Regulation requires the approved maintenance organisation and independent maintainer to ensure unsalvageable parts are labelled or tagged as unsalvageable with the following information to be included in the label or tag:
· identification of the part, including the part name, part number and serial number (if any);
· the origin of the part, including information about the aircraft or aeronautical product from which the part has been removed; and
· the reason that the part is unsalvageable.
The Regulation requires the maintenance organisation, independent maintainer or owner of the unsalvageable part to keep the unsalvageable part separately from serviceable parts or to arrange for the disposal of the part in accordance with Regulation.
Non compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
Division 42.E.4 Requirements for controlling unapproved parts
42.470 Meaning of unapproved, for parts
This regulation defines a part as unapproved if any of the following applies to the part:
· the part is counterfeit;
· the part has not been approved in a manner mentioned CASR Part 21;
· the part has been produced other than under an authorisation granted by CASA or an NAA;
· maintenance has been carried out on the part other than in accordance with an authorisation granted by CASA or an NAA;
· the part has been modified other than in accordance with a design for which there is a Part 21 approval;
· the part is unserviceable or unsalvageable and has been fraudulently represented as serviceable;
· the part is accompanied by a fraudulent document.
42.475 Control of unapproved parts
This Regulation requires any person who becomes aware of an unapproved part to ensure unapproved parts are labelled or tagged as unapproved with following information included in the label or tag:
· identification of the part, including the part name, part number and serial number (if any);
· the origin of the part, including information about the aircraft or aeronautical product from which the part has been removed; and
· the reason that the part is unapproved.
This Regulation also requires the person to keep the unapproved part separately from the serviceable parts and to report about the unapproved part in accordance with Regulation 42.480.
Non compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
42.480 Reporting unapproved parts
This Regulation requires any person who becomes aware of an unapproved part to report to CASA and if applicable to the:
· the type certificate holder or foreign type certificate holder for the aircraft or aeronautical product; and
· the person responsible for continuing airworthiness for the aircraft.
The Regulation also requires the person to make the report in the approved form.
42.485 Action by CASA following report of unapproved parts
This Regulation permits CASA to give a notice to the person who reports an unapproved part under Regulation 42.480 to provide further information within a period specified in the notice. The Regulation also specifies that CASA may tell the person who made the report that the part does not have to be kept.
The person commits a strict liability offence if they do not comply with the notice and incurs 50 penalty units.
42.490 Action required if part not required to be kept
This Regulation sets out the requirements for the disposal of an unapproved part. Under this Regulation if a person is told by CASA that an unapproved part is not required to be kept, the person must:
· if they are not the owner of the part – give the part to the owner; or
· store the part, and any documents that accompanied the part, separately from serviceable aeronautical products and in a secure location; or
· mutilate the part, or arrange for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation.
The Regulation also requires the owner of an unapproved part to:
· store the part separately from serviceable aeronautical products and in a secure location; or
· mutilate the part, or arrange for the part to be mutilated, in a manner that ensures that the part cannot be used in aviation.
Non compliance with this Regulation is an offence. Each offence incurs 50 penalty units.
Subpart 42.F Subpart 42.F approved maintenance organisations
Division 42.F.1 General
42.495 Purpose of Subpart
This Regulation sets out the purpose of this Subpart. The Subpart sets out requirements relating to approval of maintenance organisations that may provide maintenance services on:
· small aircraft that are not authorised to operate under an air transport AOC; and
· aeronautical products for such aircraft.
42.500 Definitions for Subpart
This Regulation provides various definitions that apply to this Subpart only.
42.505 Regulations 11.070 to 11.075 do not apply in relation to certain matters
This Regulation specifies that Regulations 11.070 to 11.070C do not apply to:
· significant changes approved by CASA under Regulation 42.540; or
· changes to the organisation of which CASA is notified under Regulation 42.545; or
· changes to an organisation as a consequence of a change made to the organisation’s exposition as a result of a direction given by CASA under Regulation 42.550.
Division 42.F.2 Approval of Subpart 42.F organisations
42.510 Applying for approval
This Regulation requires an application for an approval as a Subpart 42.F organisation to be in writing and be signed by the person who is, or is proposed to be the applicant’s accountable manager. The Regulation also requires that the application include details required by CASA and a copy of the exposition.
42.515 Issuing approval
This Regulation requires CASA to make a decision on an application for approval as a Subpart 42.F organisation and to approve the application if CASA is satisfied that the applicant has the personnel, facilities, equipment, materials, maintenance data and tools for providing maintenance as required by the Part 42 MOS.
42.520 Approval certificate
This Regulation requires that the approval certificate details the extent of the approval and includes an approval certificate reference number.
42.525 Privileges for Subpart 42.F organisations
This Regulation allows the Subpart 42.F organisation, within the extent of its approval, to provide maintenance services.
42.530 Approval subject to conditions
This Regulation requires the Subpart 42.F organisation and its employees, at all times, to comply with the approval, exposition, the Part 42 MOS and CASR Part 42 and makes this a condition of the approval.
Division 42.F.3 Changes to Subpart 42.F organisations
42.535 Application for approval of significant changes to Subpart 42.F organisations
This Regulation requires that a Subpart 42.F organisation proposing to make a significant change must apply to CASA for approval of the change.
42.540 Approval of significant changes
This Regulation requires CASA to make a decision on the application for an approval of a significant change and to approve the change if CASA is satisfied that the organisation will continue to meet requirement for issuing the approval as set out in Regulation 42.590
42.545 Changes to a Subpart 42.F organisation that are not significant changes
This Regulation provides that if a proposed change is not significant then a Subpart 42.F organisation could make the change in accordance with the amendment procedure set out in the organisation’s exposition and that the change will be taken to have been approved by CASA.
42.550 CASA may direct a Subpart 42.F organisation to change expositions
This Regulation provides that CASA may direct a Subpart 42.F organisation to change its exposition, if it is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 145 MOS.
Division 42.F.4 Requirements and offences for Subpart 42.F organisations
42.555 Provision of maintenance services
This Regulation requires a Subpart 42.F organisation to provide maintenance services in accordance with its exposition, its approval and any limitations applicable to the approval.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.560 Providing employees with exposition
This Regulation requires a Subpart 42.F organisation to provide to its employees the part of the exposition that is relevant to the employees’ duties.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.565 Complying with directions
This Regulation requires a Subpart 42.F organisation to comply with a direction issued by CASA under Subpart 42.F.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 42.G Continuing airworthiness management organisations
Division 42.G.1 General
42.570 Purpose of Subpart
The purpose of the Subpart is to set out requirements relating to approval of continuing airworthiness management organisations that may provide continuing airworthiness management services for an aircraft.
42.575 Definitions for Subpart
This Regulation provides various definitions that apply to this Subpart only.
42.580 Regulations 11.070 to 11.075 do not apply in relation to certain matters
This Regulation specifies that Regulations 11.070 to 11.070C do not apply to:
· significant changes approved by CASA under 42.610; or
· changes to the organisation of which CASA is notified under 42.615; or
· changes to an organisation as a consequence of a change made to the organisation’s exposition as a result of a direction given by CASA under Regulation 42.620.
Division 42.G.2 Approval of continuing airworthiness management organisations
42.585 Applying for approval
This Regulation requires an application for continuing airworthiness management organisations to be in writing and be signed by the person who is, or is proposed to be the applicant’s accountable manager. The Regulation also requires that the application includes details required by CASA and a copy of the exposition.
42.590 Issuing an approval
This Regulation requires CASA to make a decision on an application for approval as a continuing airworthiness management organisation and to approve the application if CASA is satisfied that the applicant has the personnel, facilities, equipment data for providing continuing airworthiness management services as required by the Part 42 MOS.
42.595 Approval certificate
This Regulation requires that the approval certificate details the extent of the approval and includes an approval certificate reference number.
42.600 Privileges for continuing airworthiness management organisations
This Regulation allows the continuing airworthiness management organisation, within the extent of its approval, to provide continuing airworthiness management services.
42.605 Approval subject to conditions
This Regulation requires the continuing airworthiness management organisation and its employees, at all times, to comply with the approval, exposition, the Part 42 MOS and CASR Part 42 and makes this a condition of the approval.
Division 42.G.3 Changes to continuing airworthiness management organisations
42.610 Application for approval of significant changes to continuing airworthiness management organisations
This Regulation requires that a CAMO proposing to make a significant change must apply to CASA for approval of the change.
42.615 Approval of significant changes
This Regulation requires CASA to make a decision on the application for approval of a significant change and to approve the change if CASA is satisfied that the CAMO will continue to meet requirements for issuing the approval as set out in Regulation 42.590.
42.620 Changes to a continuing airworthiness management organisation that are not significant changes
This Regulation provides that if a proposed change is not significant then a CAMO could make the change in accordance with the amendment procedure set out in the organisation’s exposition and that the change will be taken to have been approved by CASA.
42.625 CASA may direct a continuing airworthiness management organisation to change expositions
This Regulation provides that CASA may direct a CAMO to change its exposition, if CASA is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 42 MOS.
Division 42.G.4 Authorisation of pilot licence holders and flight engineers to provide maintenance services
42.630 When pilot licence holders and flight engineers may be authorised
This Regulation permits a CAMO to authorise a pilot or a flight engineer to provide maintenance services for an aircraft for which the organisation provides continuing airworthiness management services.
This Regulation also sets out the conditions and requirements that must be met for the issue of the authorisation and the information that must be included in the authorisation.
42.635 Ceasing of authorisation if organisation ceases to be responsible for providing continuing airworthiness management services for aircraft
This Regulation states that an authorisation issued under Regulation 42.630 for a particular aircraft ceases to be in force at the time the organisation ceases to be responsible for providing continuing airworthiness management services for the aircraft.
42.640 Directions in relation to authorisations
This Regulation permits CASA to direct a CAMO in writing, to cancel or to make changes to an authorisation issued under Regulation 42.630, if a requirement for issuing the authorisation was not met.
42.645 Notice of cancellation of authorisation
This Regulation requires a CAMO to notify the holder of the authorisation in writing if the organisation cancels their authorisation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.G.5 Requirements and offences for continuing airworthiness management organisations
42.650 Provision of continuing airworthiness management services
This Regulation requires a CAMO to provide continuing airworthiness management services in accordance with its exposition, its approval and any limitations applicable to the approval.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.655 Providing employees with exposition
This Regulation requires a CAMO to provide to its employees, the part of the exposition that is relevant to the employees’ duties.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.660 Copies of authorisations and records
This Regulation requires the CAMO to provide a copy of the authorisation, issued under Regulation 42.630 in relation to an aircraft to the registered operator of the aircraft. The Regulation also requires the CAMO to keep a copy of the authorisation and associated documents for at least 2 years after the authorisation ceases to be in force.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.665 Complying with directions
This Regulation requires a CAMO to comply with direction issued by CASA under Subpart 42.G.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.670 Giving information in accordance with contract
This Regulation requires that the CAMO for an aircraft gives information related to continuing airworthiness of the aircraft to the registered operator of the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.675 Notice of contravention of Part to be given to CASA
Under this Regulation if the CAMO has reasonable grounds to believe that the registered operator has contravened a provision of this Part, the CAMO must give CASA written notice of the contravention.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 42.H Maintenance certification and certificate of release to service
Division 42.H.1 General
42.680 Purpose of Subpart
This Regulation describes the purpose of the Subpart. The purpose is to set out the requirements for the performance of maintenance certification and the issue of certificates of release to service.
Division 42.H.2 Maintenance certification for maintenance carried out on aircraft
Subdivision 42.H.2.1 Application of Division
42.685 Application of Division
This Regulation provides that this Division applies if an individual carries out maintenance on an aircraft.
Subdivision 42.H.2.2 Who must perform maintenance certification
42.690 Approved maintenance organisations
This Regulation requires an approved maintenance organisation to ensure maintenance certification for maintenance is performed by a certifying employee of the organisation who has carried out the maintenance or has supervised the maintenance. This Regulation requires the maintenance certification to be performed before the certificate of release to service is issued for the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.695 Individuals performing maintenance certification on behalf of approved maintenance organisations
This Regulation prohibits an individual from performing maintenance certification on behalf of an approved maintenance organisation unless the individual:
· is a certifying employee of the organisation; and
· has carried out the maintenance or has supervised carrying out of the maintenance
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.700 Independent maintainers
This Regulation requires independent maintainers who have carried out or supervised carrying out of the maintenance to perform maintenance certification for the maintenance. The Regulation requires the maintenance certification to be performed before the certificate of release to service is issued for the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.H.2.3 Requirements for performing maintenance certification
42.705 Requirements to be met by individual before performing maintenance certification
This Regulation prohibits an individual from performing maintenance certification unless they have ensured the maintenance has been carried out in accordance with CASR Part 42 and, if applicable, CASR Part 145 and the information required by Regulation 42.395 has been recorded.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.710 Requirements to be met by organisation before performing maintenance certification
This Regulation requires approved maintenance Regulations to ensure that individuals who perform maintenance certification on their behalf comply with Regulation 42.705.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.H.2.4 Performance of maintenance certification
42.715 How maintenance certification is performed
This Regulation requires individuals who perform maintenance certification to sign the record that contains the information required by Regulation 42.395, record the date, their certification authorisation number or their aircraft engineer, pilot or flight engineer licence number as applicable.
Division 42.H.3 Certificate of release to service — aircraft
Subdivision 42.H.3.1 Preliminary
42.720 Application of Division
This Regulation provides that this Division applies if an individual carries out maintenance on an aircraft.
42.725 Requirement not to release aircraft without certificate of release to service
This Regulation sets out obligations of approved maintenance organisations and independent maintainers to issue certificates of release to service for aircraft before they release the aircraft to another person.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.H.3.2 Who may issue certificate of release to service
42.730 Approved maintenance organisations
This Regulation authorises approved maintenance organisations to issue certificates of release to service for an aircraft when maintenance is carried out on the aircraft on their behalf. In such cases the organisation must ensure that the certificate is issued on their behalf by an individual who is a certifying employee of the organisation whose certification authorisation permits him to issue the certificate.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.735 Individuals issuing certificates of release to service on behalf of approved maintenance organisations
This Regulation prohibits individuals from issuing certificates of release to service on behalf of an approved maintenance organisation unless they are a certifying employee of the organisation and their certification authorisation permits them to issue the certificate.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.740 Independent maintainers
This Regulation authorises an independent maintainer to issue a certificate of release to service for an aircraft when they have carried out maintenance or supervised carrying out of the maintenance. An independent maintainer commits an offence if the maintainer issues a certificate of release to service for an aircraft and they have not carried out the maintenance or supervised the carrying out of the maintenance.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.H.3.3 Requirements for issuing certificate of release to service
42.745 Requirements to be met before certificate of release to service may be issued
This Regulation sets out the various requirements that must be met for the issue of a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft. The Regulation requires that:
· the certificate complies with Regulation 42.760;
· the information in the certificate is correct;
· maintenance certification has been performed for the maintenance carried out;
· for critical control system maintenance, the information mentioned in subRegulation 42.345(3) has been recorded in the continuing airworthiness records system for the aircraft;
· in respect to the maintenance carried out, the aircraft is airworthy;
· if there is a defect in the aircraft and rectification of defect has not been deferred - the certificate includes details of the defect and the person responsible for the continuing airworthiness of the aircraft has been notified of the defect;
· for maintenance that has been requested but has not been carried out - the certificate includes details of the maintenance and the person responsible for continuing airworthiness has been notified of the incomplete maintenance.
42.750 Requirements to be met by approved maintenance organisation before issuing certificate of release to service
This Regulation requires an approved maintenance organisation to ensure that an individual does not issue a certificate of release to service for an aircraft on its behalf unless the requirements of Regulation 42.745 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.755 Requirements to be met by individual before issuing certificate of release to service
This Regulation prohibits an individual from issuing a certificate of release to service for an aircraft unless the requirements of Regulation 42.745 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.H.3.4 Form, content and issue of certificate of release to service
42.760 Form and content of certificate of release to service
This Regulation sets out the information that must be included in a certificate of release to service for an aircraft. A document is not a certificate of release unless it includes the required information. The certificate of release must be included in the flight technical log for the aircraft.
42.765 How certificate of release to service is issued
This Regulation requires an individual who issues a certificate of release for an aircraft to sign the certificate and record the date and time of issue.
Subdivision 42.H.3.5 Record-keeping
42.770 Retaining copy of certificate of release to service
This Regulation requires an approved maintenance organisation to retain a copy of the certificate of release to service for an aircraft for a period of one year after the organisation issues the certificate.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.H.4 Certificate of release to service — aeronautical products
Subdivision 42.H.4.1 Preliminary
42.775 Application of Division
This Regulation provides that the Division applies if an individual carries out maintenance on an aeronautical product on behalf of an approved maintenance organisation.
42.780 Requirement not to release aeronautical product without certificate of release to service
This Regulation prohibits an approved maintenance organisation that has carried out maintenance on an aeronautical product from releasing the product for use in an aircraft or another aeronautical product unless the organisation has issued a certificate of release to service for the product.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.H.4.2 Who may issue certificate of release to service
42.785 Approved maintenance organisations
This Regulation authorises approved maintenance organisations to issue a certificate of release to service for an aeronautical product if the organisation has carried out maintenance on the product. This Regulation requires the organisation to ensure that the certificate is issued on their behalf by an individual who is a certifying employee of the organisation whose certification authorisation permits the issue of the certificate.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.790 Individuals issuing certificates of release to service on behalf of approved maintenance organisations
This Regulation prohibits an individual from issuing a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product unless the individual is a certifying employee of the organisation whose certification authorisation permits them to issue the certificate.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.H.4.3 Requirements for issuing certificate of release to service
42.795 Requirements to be met before certificate of release to service may be issued
This Regulation sets out the requirements that must be met for the issue of a certificate of release to service for an aeronautical product. The Regulation requires that:
· information entered on the certificate is correct;
· the maintenance is complete;
· the maintenance to be carried out in accordance with CASR Part 42 and CASR Part 145, as applicable; and
· the product is serviceable.
42.800 Requirements to be met by approved maintenance organisation before issuing certificate of release to service
This Regulation requires an approved maintenance organisation to ensure that an individual does not issue a certificate of release to service for an aeronautical product on its behalf unless the requirements of Regulation 42.795 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.805 Requirements to be met by individual before issuing certificate of release to service
This Regulation prohibits an individual from issuing a certificate of release to service for an aeronautical product unless the requirements of Regulation 42.795 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subdivision 42.H.4.4 Form and issue of certificate of release to service
42.810 Form of certificate of release to service
This Regulation requires a certificate of release to service for an aeronautical product, other than is respect of in-house maintenance, to be in an approved form. A certificate of release to service for an aeronautical product in relation to in-house maintenance must be in an approved form or in the form of an in-house release document.
42.815 How certificate of release to service is issued
This Regulation requires an individual who issues a certificate of release to service on behalf of an approved maintenance organisation for an aeronautical product to sign the certificate and record the date and time of issue on the certificate.
Subdivision 42.H.4.5 Record-keeping and dealing with certificate of release to service
42.820 Additional record for certificate of release to service issued as in-house release document
This Regulation requires a CASR Part 145 maintenance organisation that issued an in‑house release document to ensure that a record is made that contains the information that would have been required had they used an approved form and to retain the record for 2 years after the product is fitted to an aircraft or another aeronautical product.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.825 Dealing with certificate of release to service
This Regulation requires an approved maintenance organisation that issued a certificate of release to service for an aeronautical product to give the certificate to the person to whom the product is released for use and to retain a copy for 2 years after issue.
An offence under this Regulation is an offence of strict liability and incurs 50 penalty units.
Subpart 42.I Airworthiness reviews and airworthiness review certificates
Division 42.I.1 General
42.830 Application of Subpart
This Regulation provides that the Subpart applies to an aircraft that is authorised to operate under an AOC or that is a large aircraft.
42.835 Purpose of Subpart
This Regulation states the purpose of the Subpart is to set out:
· requirements in relation to airworthiness review certificates and airworthiness reviews; and
· the relationship between an airworthiness review certificate and a certificate of airworthiness.
Division 42.I.2 Issue of airworthiness review certificates
42.840 Who may issue airworthiness review certificate
This Regulation authorises the CAMO for an aircraft to issue an airworthiness review certificate. This Regulation also requires the organisation to ensure that the certificate is issued by an individual who is an airworthiness review employee of the organisation whose authorisation permits the issue of the certificate.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.845 Requirements to be met for issue of airworthiness review certificate
This Regulation sets out the requirements that must be met for the issue of an airworthiness review certificate. The Regulation requires that:
· the information entered into the certificate is correct;
· an airworthiness review employee of the CAMO carried out the review in accordance with Regulation 42.900;
· a record of the findings of the review has been made in accordance with Regulation 42.905;
· necessary corrective action has been taken to meet the requirements of subregulation 42.900(2) and (3);
· a record of the actions mentioned in paragraph 42.845(d) has been made in accordance with Regulation 42.910; and
· the aircraft is airworthy.
42.850 Requirements to be met by continuing airworthiness management organisation before issuing airworthiness review certificate
This Regulation requires a CAMO to ensure that an individual does not issue an airworthiness review certificate on its behalf unless the requirements of Regulation 42.845 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.855 Requirements to be met by individual before issuing airworthiness review certificate
This Regulation prohibits an individual from issuing an airworthiness review certificate unless the requirements of Regulation 42.845 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.860 Form of airworthiness review certificate
This Regulation requires an airworthiness review certificate to be in the approved form.
42.865 How airworthiness review certificate is issued
This Regulation provides that for an airworthiness review certificate to be issued, an individual must sign the certificate and record the date of issue and date of expiry on the certificate.
42.870 How long airworthiness review certificate remains in force
This Regulation provides that an airworthiness review certificate remains in force for 1 year from the date of issue, and if its time is extended under Division 42.I.3, until the end of the time for which it is extended.
Division 42.I.3 Extension of airworthiness review certificates
42.875 Who may extend airworthiness review certificates
This Regulation permits a CAMO for an aircraft to extend the time for which an airworthiness review certificate is in force if the organisation issued the certificate and has been the CAMO for the aircraft since the date of issue of the certificate.
This Regulation requires the certificate to be extended by an airworthiness review employee of the organisation whose authorisation permits them to issue the certificate.
Non-compliance with parts of this Regulation is an offence of strict liability. Each non-compliance incurs 50 penalty units.
42.880 Requirements to be met for extension of airworthiness review certificate
This Regulation sets out requirements to be met for extending the time for which an airworthiness review certificate is in force. If a certificate is extended, the Regulation requires that:
· certificate is extended within the period of 90 days before the certificate is due to expire;
· the period of extension is not more than 1 year after the certificate is due to expire;
· the certificate is not extended more than twice; and
· the aircraft to be airworthy.
42.885 Requirements to be met by continuing airworthiness management organisation before extension of airworthiness review certificate
This Regulation requires a CAMO to ensure that an individual does not extend an airworthiness review certificate on its behalf unless the requirements of Regulation 42.880 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.890 Requirements to be met by individual before extending airworthiness review certificate
This Regulation prohibits an individual from extending an airworthiness review certificate unless the requirements of Regulation 42.880 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.895 How airworthiness review certificate is extended
This Regulation provides that for an airworthiness review certificate to be extended the individual extending the certificate must sign the certificate and record on the certificate the date of the extension and the next date of expiry.
Division 42.I.4 Airworthiness review procedure
42.900 Airworthiness review procedure
This Regulation sets out the procedures for carrying out an airworthiness review for an aircraft. The Regulation requires an airworthiness review employee of the CAMO to:
· examine the continuing airworthiness records for the aircraft to determine whether the continuing airworthiness requirements under CASR Part 42 have been met; and
· carry out a physical survey of the aircraft to determine whether the aircraft complies with its approved design, the flight manual is up-to-date and the condition of the aircraft is consistent with the aircraft records.
Division 42.I.5 Administration
42.905 Record of findings of airworthiness review
This Regulation requires a CAMO to ensure that the findings of the airworthiness review, including whether the requirements of subregulations 42.900(2) and (3) are met, are recorded in writing before the organisation issues an airworthiness review certificate for the aircraft.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.910 Record of corrective action taken
This Regulation requires the CAMO to ensure that corrective action is taken to ensure compliance with subregulations 42.900(2) and (3) and is recorded in writing before the organisation issues an airworthiness review certificate for the aircraft.
An offence under this Regulation is of strict liability and incurs 50 penalty units.
42.915 Retaining records relating to airworthiness review certificates
This Regulation requires a CAMO to retain the records mentioned in subregulations 42.905(2) and 42.910(1) and a copy of the airworthiness review certificate for 3 years after the date of issue of the certificate.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.920 Documents to be sent to CASA and registered operator
This Regulation requires a CAMO that issues an airworthiness review certificate for an aircraft to give a copy of the certificate to CASA and the registered operator of the aircraft within 10 days after issuing the certificate. The same requirement applies to the organisation if the organisation extends the time for which the certificate is in force.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.925 Notice of decision not to issue airworthiness review certificate
This Regulation requires an approved maintenance organisation to notify CASA and the registered operator within 2 days if the organisation decides not to issue an airworthiness review certificate after a review is carried out.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.I.6 Relationship of airworthiness review certificate to certificate of airworthiness
42.930 Relationship with certificate of airworthiness
This Regulation provides that an airworthiness review certificate for an aircraft ceases to be in force when the certificate of airworthiness for the aircraft stops being in force, expires or is cancelled. The Regulation also provides that the airworthiness review certificate is suspended for the same period as the certificate of airworthiness is suspended.
Subpart 42.J Approval of maintenance programs and variations of approved maintenance programs
Division 42.J.1 Preliminary
42.935 Purpose of Subpart
This Regulation states that the Subpart sets out the process and requirements for the approval of maintenance programs and the approval of variations of approved maintenance programs.
Division 42.J.2 Approval of maintenance programs by continuing airworthiness management organisations
42.940 Circumstances in which continuing airworthiness management organisations may approve proposed maintenance programs
This Regulation provides that the CAMO for an aircraft may approve a proposed maintenance program if the aircraft is not authorised to operate under an air transport AOC and the organisation’s approval under Subpart 42.G permits the approval. The program must be approved on behalf of the organisation by an individual who is a maintenance program approval employee whose authorisation permits the approval.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.945 Requirements for approval of maintenance programs
This Regulation sets out the requirements to be met for the approval of a proposed maintenance program by a CAMO. The maintenance program must comply with the requirements in the instructions for continuing airworthiness for the aircraft, for aeronautical products fitted to the aircraft and the requirement specified in CASR Part 42 MOS.
42.950 Requirements to be met by continuing airworthiness management organisations before approving proposed maintenance programs
This Regulation prohibits a CAMO from approving a proposed maintenance program for an aircraft if the requirements of Regulation 42.945 are not met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.955 Requirements to be met by individuals before approving proposed maintenance programs
This Regulation prohibits an individual from approving a proposed maintenance program for an aircraft if the requirements of Regulation 42.945 are not met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.960 How approval is given
This Regulation sets out how the approval of a maintenance program must be given.
42.965 Record-keeping requirements
This Regulation sets out the requirement for a CAMO to keep for the period during which the program is in effect:
· a copy of the approved program:
· a copy of the record of the approval; and
· a copy of any other supporting document.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.J.3 Approval of maintenance programs by CASA
42.970 Application to CASA for approval of maintenance programs
This Regulation provides that the person responsible for continuing airworthiness for an aircraft may apply to CASA for approval of the maintenance program for the aircraft. The Regulation requires CASA’s approval for the program if:
· the proposed program does not comply with the instructions for continuing airworthiness of the aircraft or for aeronautical products fitted to the aircraft; or
· the CAMO for the aircraft does not have the authority to approve the program; or
· the aircraft is authorised to operate under an air transport AOC.
42.975 Form of application
This Regulation sets out the form and content for an application to CASA for approval of maintenance program.
42.980 Approval of maintenance programs by CASA
This Regulation provides that CASA must approve a maintenance program if CASA is satisfied that the program complies with the requirements specified in the Part 42 MOS and adequately provides for the continuing airworthiness of the aircraft.
Division 42.J.4 Approval of variations of approved maintenance programs by continuing airworthiness management organisations
42.985 Circumstances in which continuing airworthiness management organisations may approve proposed variations
This Regulation provides for the approval of variations of an approved maintenance program by a CAMO and the conditions that need to be met for the organisation to make the approval. The Regulation also requires the organisation to ensure that the variation is approved by an appropriately authorised employee of the organisation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.990 Requirements to be met for approval of variation of maintenance programs
This Regulation sets out the requirements to be met for the approval of a variation of a maintenance program by a CAMO. The maintenance program, as varied, must comply with the requirements in the instructions for continuing airworthiness for aircraft, for aeronautical products fitted to the aircraft and the requirement specified in the Part 42 MOS.
42.995 Requirements to be met by continuing airworthiness management organisation before approving proposed variations
This Regulation prohibits a CAMO from approving a variation to an approved maintenance program unless the requirements of Regulation 42.990 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.1000 Requirements to be met by individual before approving proposed variations
This Regulation prohibits an individual from approving a proposed variation to an approved maintenance program unless the requirements of Regulation 42.990 are met.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.1005 How approval is given
This Regulation sets out how an approval of a variation to an approved maintenance program must be given.
42.1010 Record-keeping requirements
This Regulation sets out the requirement for a CAMO to keep the following items for the period during which the maintenance program is in effect:
· a copy of the approved variation:
· a copy of the record of the approval; and
· a copy of any other supporting document.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 42.J.5 Approval of variations of approved maintenance programs by CASA
42.1015 Application to CASA for approval of variations of approved maintenance programs
This Regulation provides that the person responsible for continuing airworthiness for an aircraft may apply to CASA for approval of a variation to a maintenance program for the aircraft. The Regulation requires CASA’s approval for the variation if:
· the proposed variation does not comply with the instructions for continuing airworthiness of the aircraft or for aeronautical products fitted to the aircraft; or
· the continuing airworthiness management organisation for the aircraft does not have the authority to approve the program.
42.1020 Form of application
This Regulation sets out the form and content for an application to CASA for approval of a variation of an approved maintenance program.
42.1025 Approval of variations by CASA
This Regulation provides that CASA must approve the proposed variation of an approved maintenance program if CASA is satisfied that the program as varied would comply with the requirements specified in the Part 42 MOS and would adequately provide for the continuing airworthiness of the aircraft.
Subpart 42.K Directions to vary approved maintenance programs
42.1030 Purpose of Subpart
This Regulation states that the Subpart gives CASA power to issue directions to vary approved maintenance programs.
42.1035 CASA may direct variation of approved maintenance programs
This Regulation authorises CASA to direct persons responsible for the continuing airworthiness of an aircraft to vary the approved maintenance program for the aircraft if CASA is satisfied that it is necessary to do so to adequately provide for the continuing airworthiness of the aircraft. The Regulation requires the person to comply with the direct within the time specified in the direction.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 42.L Approval of reliability programs and variations of approved reliability programs
Division 42.L.1 Preliminary
42.1040 Purpose of Subpart
This Subpart sets out requirements for approval of reliability programs and approval of variations of approved reliability programs.
Division 42.L.2 Approval of reliability programs
42.1045 Application for approval of reliability programs
This Regulation provides that the person responsible for the continuing airworthiness of an aircraft may apply to CASA for approval of a proposed reliability program for the aircraft.
42.1050 Approval of reliability programs
This Regulation provides that CASA must approve the reliability program if it complies with the requirements specified in the Part 42 MOS.
Division 42.L.3 Approval of variations of approved reliability programs
42.1055 Application for approval of variations of approved reliability programs
This Regulation provides that the person responsible for the continuing airworthiness for an aircraft may apply to CASA for approval of a proposed variation of an approved reliability program.
42.1060 Approval of variations of approved reliability programs
This Regulation provides that CASA must approve the variation if CASA is satisfied that the reliability program as varied would comply with the requirements specified in the Part 42 MOS.
Subpart 42.M Requirements for pilots
42.1065 Purpose of Subpart
This Subpart sets out requirements for pilots.
42.1070 Pre-flight inspection — all aircraft
This Regulation requires the pilot in command of an aircraft to ensure that a pre-flight inspection of the aircraft is carried out before the aircraft is operated, if the aircraft’s flight manual requires the inspection.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.1075 Recording information in flight technical log — all aircraft
This Regulation requires the pilot in command of an aircraft to record in the flight technical log for the aircraft details of any defect that the pilot becomes aware of and any instance of exceeding any operation limit specified in the aircraft’s flight manual. It also requires information mentioned in Regulation 42.190 to be recorded in the flight technical log, if the log is capable of containing the information.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 42.N Record-keeping requirements
42.1080 Purpose of Subpart
This Subpart sets out requirements for records made under CASR Part 42.
42.1085 Requirements for making records made under Part
This Regulation requires information recorded under CASR Part 42 to be written in a legible form, in English and to remain legible for the time they are required to be kept.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
42.1090 Requirements for keeping records made under Part
This Regulation requires records under CASR Part 42 to be kept in a system that allows their retrieval and in a manner that protects them from being lost, damaged or accidentally altered.
An offence under this Regulation is an offence of strict liability and incurs 50 penalty units.
42.1095 Changes to a record made under Part
This Regulation sets out requirements for changes made to records under CASR Part 42.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 42.O Copying or disclosing cockpit voice recording information
42.1100 Purpose of Subpart
This Subpart sets out the authorisation of persons for paragraph 32AP(3A)(a) of the Act.
42.1105 Authorisation of persons for paragraph 32AP (3A)(a) of the Act
This Regulation sets out who is authorised to copy or disclose cockpit voice recorder information for the purposes of 32AP(3A)(a) of the Act.
Item [18] Part 43
This redundant Part number has been omitted.
Item [19] Part 66
This new Part has been substituted for the existing reserved heading.
Part
66 Continuing airworthiness — aircraft engineer licences and ratings
Subpart 66.A General
66.005 Purpose of Part
This Regulation provides that the purpose of the part is to deal with aircraft engineer licences for maintenance carried out on aircraft. In doing this it deals with both categories of licence and aircraft type ratings. The Regulation also states that CASA is empowered to issue a Part 66 MOS.
This Regulation sets out the definitions that apply to CASR Part 66 and are additional to the definitions in the Act and the CASR Dictionary.
66.015 Part 66 Manual of Standards
This Regulation provides that CASA may issue a Part 66 MOS specifying the following matters:
(a) that a foreign country is an excluded State;
(b) that a foreign country is a recognised State;
(c) the category privileges of a aircraft engineer licence holder;
(d) the aircraft type rating privileges for the holder of a licence endorsed with a rating;
(e) aircraft type ratings;
(f) the training and experience requirements;
(g) the required subject modules;
(h) a list of levels of knowledge;
(i) required levels of knowledge
(j) required units of competency;
(k) examination standards;
(l) aircraft system designations (avionic; electrical; mechanical; powerplant; or structural);
(m) conditions or limitations;
(n) for aircraft type training theory content, training levels, practical requirements and assessment standards;
(o) those aircraft systems for which an approved maintenance organisation may provide training and assessment;
(p) those aircraft types that an approved maintenance organisation may arrange for the manufacturer of the aircraft or the aircraft engine to provide training and assessment for; and
(q) requalification requirements.
Subpart 66.B Aircraft engineer licences
66.020 Applications for licences
This Regulation allows a person to apply to CASA for an aircraft engineer licence in the approved form with the required supporting or notification documentation.
This Regulation requires CASA to make a decision on the licence application and depending on whether the applicant already holds a licence or not requires CASA to substantiate certain information.
The Regulation also requires CASA to check criteria for age (at least 18); capacity to read, write and converse in English; understanding of airworthiness management; and any medically significant condition. CASA is required to confirm that the applicant met the training and experience requirements stipulated for the licence category or rating.
66.030 Recognition of foreign licences from recognised States held at time of application
This Regulation allows CASA to issue a licence and ratings to the current holder of an aircraft engineer’s licence from a foreign State, with which mutual recognition had been arranged.
66.035 Recognition of foreign licences from recognised States held before time of application
This Regulation allows CASA to issue a licence and ratings to a previous holder of an aircraft engineer’s licence from a foreign State with which mutual recognition had been arranged.
The Regulation also requires CASA to be satisfied that the licence that the applicant held was not cancelled or revoked for a reason involving fault on the part of the applicant.
66.040 Recognition of foreign licences not from recognised States held at time of application — assessment by maintenance training organisation
This Regulation allows CASA to issue a licence to the current holder of an aircraft engineer’s licence from a foreign State with which mutual recognition had not been arranged.
The Regulation also requires the applicant to be assessed by a maintenance training organisation (MTO) prior to the application being assessed by CASA.
66.045 Recognition of foreign licences not from recognised States held at time of application — assessment by CASA
This Regulation allows CASA to issue a licence to the current holder of an aircraft engineer’s licence from a foreign State with which mutual recognition had not been arranged.
The Regulation also allows the applicant to be assessed by CASA if no MTO was authorised to assess licences from the foreign State.
66.050 Recognition of foreign licences not from recognised States held before time of application — assessment by maintenance training organisation
This Regulation allows a past holder of an aircraft engineer’s licence from a foreign State with which mutual recognition had not been arranged to be assessed by a MTO.
The Regulation also requires CASA to be satisfied that the licence that the applicant held was not cancelled or revoked for a reason involving fault on the part of the applicant.
66.055 Recognition of foreign licences not from recognised States held before time of application — assessment by CASA
This Regulation allows CASA to recognise a licence and ratings of a past holder of an aircraft engineer’s licence from a foreign State with which mutual recognition has not been arranged.
The Regulation also allows the applicant to be assessed by CASA if no MTO is authorised to assess licences from the foreign State.
66.060 Qualifications from excluded States not recognised
This Regulation provides that if CASA has listed a foreign State as being an excluded state, then any licence or rating from that State is not recognised.
66.065 Recognition of Defence Force aircraft authorisations held at time of application
This Regulation allows a member of the Defence Force who has a current maintenance certification authorisation to have the Category of licence assessed by a CASA approved MTO.
66.070 Recognition of Defence Force aircraft authorisations held before time of application
This Regulation allows a member of the Defence Force who previously held a maintenance certification authorisation to have the Category of licence assessed by a CASA approved MTO; if the member, in the 2 years immediately before the time of making the application, exercised the privileges for at least 6 months.
66.075 Applications for ratings
This Regulation allows a licence holder with the appropriate licence category to apply in the approved form with the appropriate supporting documentation for an aircraft type rating to be endorsed on the licence.
66.080 Grant of rating
This Regulation requires CASA to make a decision on an application for a rating. Depending on the aircraft type training (theory and practical) completed or the foreign or Defence Force rating held, an equivalent licence rating privilege is to be issued.
The Regulation also prescribes time restrictions on the currency of theoretical and practical training.
66.085 Determination of equivalence of certain ratings endorsed on certain licences and authorisations held at time of application
This Regulation provides that if the relevant licence and ratings held are current at the time of application and have been used for 6 months in the last 2 years; then CASA must determine whether the rating is fully or partially equivalent to the rating applied for.
66.090 Determination of equivalence of certain ratings endorsed on certain licences and authorisations held before time of application
This Regulation prescribes that if the relevant licence and ratings held are not current at the time of application and have been used for 6 months in the last 2 years; then CASA must determine whether the rating is fully or partially equivalent to the rating applied for.
66.095 Grant of rating subject to exclusions — partially equivalent licences or authorisations
This Regulation requires CASA to use exclusions on the CASA issued licence ratings to ensure parity with the source maintenance certification entitlement.
66.100 Decision on who may give training, assessment and experience for removal of exclusion from rating
This Regulation requires that if CASA grants a rating subject to exclusion then CASA must also inform the licence holder what training and assessment (including practical) is necessary for the removal of the exclusion; and whether the requirement must be delivered by a Part 147 approved MTO or alternatively by a Part 145 approved maintenance organisation.
66.105 Endorsement of rating on licence
This Regulation requires CASA to endorse on the applicant’s licence the approved ratings and exclusions imposed.
66.110 Removal of exclusion from rating
This Regulation allows CASA to remove an exclusion from a licence if the correct notification is received from the MTO or approved maintenance organisation as applicable.
Subpart 66.D Conditions of licences
66.115 Conditions
This Regulation provides that it is a condition of the aircraft engineer licence that the holder must not contravene a provision of the Subpart.
66.120 All licences — general
This Regulation provides that the holder of an aircraft engineer licence must perform maintenance certification and issue a certificate of release to service in accordance with their privileges and any conditions or limitation that apply.
The Regulation states that the holder may perform maintenance certification or issue a certificate of release to service at a particular time only if they stay current. Currency is maintained by having at least 6 months experience of exercising the privileges or by meeting a requalification requirement for the licence.
66.125 All licences — medically significant conditions
This Regulation requires a licence holder that knows that they have a medically significant condition that is safety relevant; where the impairment will continue for a period longer than 30 days; to not exercise the privilege until they have obtained a certificate from a medical practitioner or specialist medical practitioner, to the effect that his or her capacity to exercise the privilege is no longer impaired.
66.130 Category A licences
This Regulation allows Category A licence holder, after being type and task trained/authorised to perform line maintenance certification (as per a list of Category A line maintenance tasks) only on behalf of a Part 145 organisation for their own work.
The Regulation also permits Category A licence holder to issue a certificate of release to service in reliance of the maintenance certifications of other Category A licence holders.
66.135 Category B1 and B2 licences — maintenance certification
Maintenance certification performed on behalf of Part 145 organisation
This Regulation permits the holder of a category B1 licence or category B2 licence in a Part 145 approved maintenance organisation to perform maintenance certification on type rated aircraft only if they have a licence endorsed with the rating for the aircraft type (or company authorisation in relation to certain system exclusions on the licence).
Maintenance certification performed on behalf of Subpart 42.F organisation
The Regulation also permits the holder of a category B1 licence or category B2 licence in a Subpart 42.F approved maintenance organisation to perform maintenance certification on type rated aircraft only if they have a licence endorsed with the rating for the aircraft type (subject to company approval).
Maintenance certification performed other than on behalf of approved maintenance organisation
The Regulation also permits the holder of a category B1 licence or category B2 licence to perform maintenance certification outside an approved maintenance organisation on type rated aircraft only if the holder’s licence is endorsed with the appropriate type rating.
66.140 Category C licences
This Regulation permits the holder of a category C licence to issue a certificate of release to service only for base maintenance in a Part 145 approved maintenance organisation. If the maintenance was carried out on a type rated aircraft the holder is also required to hold the aircraft type rating endorsement.
Division 66.E.1 Offences that apply to all licensed aircraft maintenance engineers
66.145 General offences
This Regulation specifies that a licensed aircraft maintenance engineer commits an offence if they perform maintenance certifications or certificate of release to service out of licence scope or if they have not maintained/regained licence currency.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
66.150 Medically significant conditions
This Regulation specifies that a licensed aircraft maintenance engineer commits an offence if they use the licence knowing that they have a medically significant condition that is safety relevant. An offence also arises if the condition has continued past 30 days and a medical certificate has not been obtained (confirming the condition will not affect exercise of licence privilege).
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 66.E.2 Offences that apply to category A licence holders
66.155 Maintenance certification offences
This Regulation specifies that the category A licence holder commits an offence if they perform maintenance certifications outside of a Part 145 approved maintenance organisation and outside the maintenance scope permitted by their licence. It is also an offence to perform maintenance certifications for the work of others or for work for which they have not been trained and authorised for.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
66.160 Certificate of release to service offences
This Regulation specifies that the category A licence holder commits an offence if they perform certificate of release to service outside of a Part 145 approved maintenance organisation and outside the maintenance scope permitted by their licence. It is also be an offence to perform certificate of release to service for work for which they have not been trained and authorised for. A category A licence holder commits an offence if he or she issues a certificate of release to service other than on behalf of a Part 145 organisation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 66.E.3 Offences that apply to category B1 and category B2 licence holders
66.165 Maintenance certification offences
Maintenance certification performed on behalf of a Part 145 organisation
This Regulation specifies that the holder of a category B1 licence or category B2 licence commits an offence if they perform maintenance certifications and they do not hold the appropriate rating and any relevant company authorisation on an excluded system.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Maintenance certification performed on behalf of a Subpart 42.F organisation
This Regulation specifies that the holder of a category B1 licence or category B2 licence commits an offence if they perform maintenance certification and they do not hold the appropriate rating and any relevant company authorisation.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Maintenance certification performed other than on behalf of an approved maintenance organisation
This Regulation specifies that the holder of a category B1 licence or category B2 licence commits an offence if they perform maintenance certifications outside of approved maintenance organisation on type rated aircraft and they do not hold the relevant rating.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Division 66.E.4 Offences that apply to category C licence holders
66.170 Certificate of release to service offences
This Regulation specifies that the holder of a category C licence commits an offence if they issue a certificate of release to service outside of a Part 145 approved maintenance organisation, or for line maintenance, or if they do not hold the relevant aircraft type rating.
Non-compliance with this Regulation is an offence of strict liability. This incurs 50 penalty units.
Subpart 66.F Administration
66.175 CASA may ask licensed aircraft maintenance engineers for information
This Regulation specifies that CASA may ask the holder of a licence (in writing) for information about himself or herself, their aircraft engineer licence and any ratings endorsed on the licence within a specified period of time. Upon receipt of the information CASA must let the licence holder know that CASA has confirmed the information or updated its records.
66.180 Suspension of licence for failure to provide information
This Regulation specifies that if a licensed aircraft maintenance engineer does not confirm that their details are correct within the specified time then CASA may suspend their licence.
66.185 CASA must revoke suspension of licence if information provided
This Regulation specifies that once the licence holder has confirmed that their details are correct CASA will notify the holder in writing that the suspension has been revoked.
Item [20] Parts 145, 146 and 147
The new Parts 145 and 147 have been substituted for the existing reserved headings.
Part 145 Continuing airworthiness — Part 145 approved maintenance organisations
Subpart 145.A General
145.005 Purpose of Part
The proposed purpose of the part is to set out matters and requirements relating to maintenance organisations, including approval requirements. It would also allow CASA to issue a Part 145 MOS.
145.010 Definitions
This Regulation sets out the definitions that apply to CASR Part 145 and are additional to the definitions in the Act and the CASR Dictionary.
145.015 Part 145 Manual of Standards
This Regulation provides that the Part 145 MOS may specify the following matters:
(a) the kinds of maintenance that are specialist maintenance for a Part 145 maintenance organisation;
(b) the ratings for kinds of aircraft, aeronautical products and specialist maintenance;
(c) information that must be included in a Part 145 maintenance organisation’s exposition;
(d) the privileges of a maintenance organisation approved under Part 145;
(e) requirements for a Part 145 organisation, including requirements in relation to:
(i) facilities;
(ii) managers;
(iii) certifying employees;
(iv) employee qualifications;
(v) the grant of certification authorisations;
(vi) training;
(vii) equipment, tools and materials;
(viii) aeronautical products;
(ix) maintenance data;
(x) writing procedures for carrying out maintenance;
(xi) production planning;
(xii) the issue of certificates of release to service;
(xiii) in-house maintenance and in-house release documents;
(xiv) the fabrication of parts in the course of carrying out maintenance;
(xv) records;
(xvi) defect reporting;
(xvii) a quality management system, including auditing;
(xviii) a safety management system;
(xix) a procedure for making changes to the organisation that are not significant changes;
(f) requirements for providing permitted training;
(g) requirements for a Part 145 organisation in relation to arranging for the manufacturer of an aircraft or aircraft engine to provide training and assessment to the organisation’s employees.
145.020 Regulations 11.070 to 11.075 do not apply in relation to certain matters
This Regulation specifies that Regulations 11.070 to 11.070C do not apply to:
(a) significant changes approved by CASA under 145.055; or
(b) changes to the organisation of which CASA is notified under 145.060; or
(c) changes to an organisation as a consequence of a change made to the organisation’s exposition as a result of a direction given by CASA under Regulation 145.065.
Subpart 145.B Approval of Part 145 organisations
145.025 Applying for approval
This Regulation requires an application to be in writing and be signed by the person who is, or is proposed to be the applicant’s accountable manager.
The Regulation also requires that the application include details required by CASA, and a copy of the exposition.
145.030 Issuing approval
This Regulation requires CASA to make a decision on an application for approval as a Part 145 approved maintenance organisation and to approve the application if satisfied.
This Regulation also requires CASA in becoming satisfied, to confirm the exposition contains the information required and that the applicant has the facilities, equipment, materials, maintenance data and tools for providing maintenance and permitted training, a quality management system and a safety management system that complies with the Part 145 MOS.
145.035 Approval certificate
This Regulation requires that the approval certificate details the extent of the approval and includes an approval certificate reference number.
145.040 Privileges for Part 145 organisations
This Regulation allows the Part 145 organisation, within the extent of its approval, to provide maintenance services, permitted training for its employees and to arrange for training and assessment to be provided by the manufacturer of the aircraft or the aircraft engine.
145.045 Approval subject to conditions
This Regulation requires the organisation and its employees, at all times, to comply with the approval, exposition, the Part 145 MOS; CASR Part 145 and CASR Part 42.
Subpart 145.C Changes to Part 145 organisations
145.050 Application for approval of significant changes to organisations
This Regulation requires that a Part 145 organisation proposing to make a significant change, must apply to CASA for approval of the change.
145.055 Approval of significant changes
This Regulation requires CASA to make a decision on the application for approval of a significant change and to approve the change if satisfied.
145.060 Changes to Part 145 organisation that are not significant changes
This Regulation provides that if a proposed change is not significant then a Part 145 organisation could make the change in accordance with the amendment procedure set out in the organisation’s exposition and that the change will be taken to have been approved by CASA.
145.065 CASA may direct Part 145 organisations to change exposition
This Regulation provides that CASA may direct a Part 145 organisation to change its exposition, if it is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 145 MOS.
Subpart 145.D Requirements and offences for Part 145 organisations
145.070 Provision of maintenance services
This Regulation specifies that an offence is committed if the organisation provides maintenance services outside its exposition, its approval and limitations, and any privileges that apply to the approval rating under the Part 145 MOS.
Non-compliance with this Regulation is an offence of strict liability. This offence incurs 50 penalty units.
145.075 Provision of permitted training
This Regulation specifies that an offence is committed if the organisation does not provide any permitted training for its employees in accordance with its exposition and training it is not approved to provide.
Non-compliance with this Regulation is an offence of strict liability. This offence incurs 50 penalty units.
145.080 Providing employees with exposition
This Regulation specifies that an offence is committed if the organisation does not make available to employees, the part of the exposition that is relevant to the employees’ duties.
Non-compliance with this Regulation is an offence of strict liability. This offence incurs 50 penalty units.
145.085 Complying with directions
This Regulation specifies that an offence is committed if CASA issues the organisation with a direction and the organisation does not comply with the direction in the time indicated in the direction.
Non-compliance with this Regulation is an offence of strict liability. This offence incurs 50 penalty units.
Part 147 Continuing airworthiness - maintenance training organisations
Subpart 147.A General
147.005 Purpose of Part
The purpose of the part is to set out matters and requirements relating to maintenance training organisations, including approval requirements. It also allows CASA to issue a Part 147 Manual of Standards.
147.010 Definitions
This regulation sets out the definitions that apply to CASR Part 147 and are additional to the definitions in the Act and the CASR Dictionary.
147.015 Part 147 Manual of Standards
This Regulation provides that the Part 147 Manual of Standards may specify the following matters:
(a) the kinds of category training and assessment a maintenance training organisation may be approved to carry out;
(b) the kinds of aircraft type training and assessment a maintenance training organisation may be approved to carry out;
(c) information that must be included in a maintenance training organisation’s exposition;
(d) the kinds of assessment a maintenance training organisation may be approved to carry out
(e) requirements for a maintenance training organisation, including requirements in relation to the following:
(i) facilities;
(ii) personnel, including personnel qualifications;
(iii) records of instructors and assessors;
(iv) course plans;
(v) conduct of assessments;
(vi) instructional equipment;
(vii) maintenance training material;
(viii) records;
(ix) training procedures and the quality management system;
(x) assessments;
(xi) a procedure for making changes to the organisation that are not significant changes;
(f) the form of an approval certificate.
147.020 Regulation 11.070 to 11.075 do not apply in relation to certain matters
This Regulation specifies that Regulation 11.070 to 11.070C relates to notices that must be made to CASA as a condition of an authorisation. It further specify that CASR 11.070 does not apply to significant change notices made to CASA, non significant changes and CASA directions made under CASR 147.065.
Subpart 147.B Approval of maintenance training organisations
147.025 Applying for approval
This Regulation requires that a person (accountable manager) applying for approval as a maintenance training organisation also be a registered training organisation if the approval sought is to include category training and assessment.
This Regulation also requires that the application includes details required by CASA and a copy of the exposition.
147.030 Issuing an approval
This Regulation requires CASA to make a decision on an application for approval as a maintenance training organisation and to approve the application if satisfied.
This Regulation also requires that CASA, in becoming satisfied, to confirm the exposition contains the information required and that the applicant has the facilities, personnel, a record management system, instructional equipment, maintenance training material and a quality management system that complies with the Part 147 Manual of Standards.
147.035 Approval certificate
This Regulation requires that the approval certificate details the extent of the approval and includes an approval certificate reference number.
147.040 Privileges for maintenance training organisations
This Regulation allows the maintenance training organisation, within the extent of its approval, to conduct maintenance training, carry out assessments, carry out assessments based on recognition of prior learning; and issue certificates to students who have successfully completed that training and assessment.
147.045 Approval subject to conditions
This Regulation requires the organisation and its employees, at all times, to comply with the approval, exposition, the Part 147 Manual of Standards; and CASR Part 147.
Subpart 147.C Changes to maintenance training organisations
147.050 Application for approval of significant change to organisations
This Regulation requires that a maintenance training organisation proposing to make a significant change must apply to CASA for approval of the change.
147.055 Decision on application for approval of significant change
This Regulation requires CASA to make a decision on the application for approval of a significant change and to approve the change if satisfied.
147.060 Changes to a maintenance training organisations that are not significant changes
This Regulation provides that if a proposed change is not significant then the maintenance training organisation may make the change in accordance with the amendment procedure set out in the organisation’s exposition and that the change is taken to have been approved by CASA.
147.065 CASA may direct maintenance training organisations to change exposition
This regulation allows CASA to direct a maintenance training organisation to change its exposition, if it is satisfied that it is necessary to do so to ensure that the exposition complies with the requirements specified in the Part 145 MOS.
Subpart 147.D Requirements and offences for maintenance training organisations
147.070 Provision of maintenance training and assessment
This Regulation specifies that an offence is committed if the organisation provides maintenance training and assessment or issues certificates that are not in accord with its approval, its exposition or the Part 147 MOS.
Non-compliance with this Regulation is an offence of strict liability. This offence incurs 50 penalty units.
147.075 Assessment of foreign licences
This Regulation specifies that a maintenance training organisation commits an offence if it conducts recognition of prior learning assessments on licence holders from an excluded state.
Non-compliance with this Regulation is an offence of strict liability. This offence incurs 50 penalty units.
147.080 Providing employees with exposition
This regulation specifies that an offence is committed if the organisation does not make available to employees, the part of the exposition that is relevant to the employees’ duties.
Non-compliance with this Regulation is an offence of strict liability. This offence incurs 50 penalty units.
147.085 Complying with directions
This Regulation specifies that an offence is committed if CASA issues the organisation with a direction and the organisation does not comply with the direction in the time indicated in the direction.
Non-compliance with this Regulation is an offence of strict liability. This offence incurs 50 penalty units.
Item [21] Paragraph 201.004 (q)
This Item places an introductory ‘or’ at the end of the list.
Item [22] After Paragraph 201.004 (q)
This Item updates the paragraph with the terms of aircraft maintenance engineer licence and CAO 100.66 maintenance authority.
Item [23] After Subpart 202.AZ
This Item updates Subpart 202.BA with the Transitional provisions for Part 42 (Continuing airworthiness requirements for aircraft and aeronautical products) as follows:
202.180 Application of Part 42 from 27 June 2011 until
end of 26 June 2013
From 27 June 2011 until 27 June 2013 this provision applies Part 42 to registered aircraft authorised to operate under a RPT AOC. It requires the registered operator to become a continuing airworthiness management organisation for that type and model of aircraft; and its aeronautical products.
This provision applies Part 145 to the aircraft affected by the application of Part 42.
This provision also applies to independent maintainers carrying out maintenance on aircraft to which Part 42 applies.
202.181 Application of Part 42 on and after 27 June 2013
This provision applies Part 145 to the aircraft affected by the application of Part 42.
This provision also applies to independent maintainers carrying out maintenance on aircraft to which Part 42 applies.
202.182 Certificates of release to service taken to include maintenance releases (paragraph 42.030 (2) (b))
This provision allows references to a certificate of release to service for an aircraft in relation to maintenance carried out on the aircraft to also be taken to be a maintenance release for the aircraft in relation to that maintenance.
202.183 Application of subparagraph 42.030 (2) (c) (ii) (airworthiness review certificates) to existing and new aircraft
This provision phases the introduction of the concept of an airworthiness review certificate for existing and new aircraft.
202.184 References to persons permitted to carry out maintenance (regulations 42.080 and 42.430)
202.185 Approved maintenance programs taken to include approved systems of maintenance
This provision allows a reference to an approved maintenance program for an aircraft to be taken to include an approved system of maintenance for the aircraft.
202.186 Approved reliability programs taken to include reliability program included in an approved system of maintenance for the aircraft
This provision allows a reference to an approved reliability program for an aircraft to be taken to include a reliability program included in an approved system of maintenance for the aircraft.
202.187 References to deferral of rectification of defects and recording of defects
This provision allows a reference to a deferral of the rectification of a defect in an aircraft to be taken to include the endorsement of a maintenance release that is in force for the aircraft with information about the defect.
202.188 References to Authorised release certificates (subparagraphs
42.420 (5) (a) (i) and
(b) (i))
This provision allows a reference to an authorised release certificate to be taken to include an authorised release certificate. The Regulation ceases to have effect on 27 June 2013.
202.189 In-house release documents taken to include equivalent documents (subparagraph 42.420 (5) (b) (ii))
This provision allows a reference to documents under the CAR to be taken to be equivalent to an in-house release document if certain information requirements are satisfied. The Regulation ceases to have effect on 27 June 2013.
202.190 References to fabrication of parts (Regulation 42.435)
This Regulation allows parts fabricated under the CAR to be taken to be parts fabricated by an approved maintenance organisation. This Regulation ceases to have effect on 27 June 2013.
202.191 Maintenance certification taken to include certification of completion of maintenance (paragraph 42.745 (c))
This provision allows a reference to a certification of completion of the maintenance under the CAR to be a maintenance certification performed for maintenance
202.192 Maintenance certification and certificates of release to service taken to include maintenance releases (paragraph 42.900 (2) (i))
This provision allows a reference to an issue of a maintenance release under the CAR to be taken to be a reference to maintenance certification having been performed, and a certificate of release having been issued for maintenance carried out on the aircraft before Part 42 applied to the aircraft.
202.193 References to maintenance carried out in accordance with Part 42 (subparagraph 42.795 (c) (i))
This provision allows a reference to maintenance carried out on aeronautical products and the associated authorised release certificate under the CAR to be taken as equivalent to a reference to maintenance having been carried out on the product in accordance with CASR Part 42, 42.795 (c) (i). This Regulation ceases to have effect on 27 June 2013.
202.194 CASA may direct the making of applications under Regulation 42.585
This provision allows CASA to direct the holder of an AOC authorising the operation of an aircraft of a particular type and model to make an application under Regulation 42.585 for approval as a continuing airworthiness management organisation for that type and model of aircraft.
Such
a direction needs to be in writing and needs to specify the time within which
the direction must be complied with.
A person to whom a direction has been given is required to comply with the
direction within the time specified in the direction.
Item [24] Subpart 202.BB
This Item omits a redundant Subpart number.
Item [25] Subpart 202.CG Transitional provisions for Part 66 (Continuing airworthiness — aircraft engineer licences and ratings)
This Item inserts a new subpart into the CASR with the Regulation detail as follows:
202.340 Definitions for Subpart
This Regulation provides various definitions specifically for the Subpart that would assist with working of the Subpart.
202.341 Aircraft maintenance engineer licences and CAO 100.66 maintenance authorities held on 26 June 2011
This Regulation allows the holders of aircraft maintenance engineer licences and CAO 100.66 maintenance authorities to be taken to have applied for and to have met the Part 66 licencing requirements for category; sub category and aircraft type ratings.
202.342 Aircraft maintenance engineer licences that were suspended on 26 June 2011
This Regulation allows the holders of aircraft maintenance engineer licences that are suspended on or before 26 June 2011 to be taken to have applied for and to have met the Part 66 licencing requirements for category; sub category and aircraft type ratings if the suspension is lifted.
202.343 Applications for aircraft maintenance engineer licences made but not finally determined before 27 June 2011
This Regulation allows an application made under Regulation 31 of CAR for an aircraft maintenance engineer licence application that has not been finally determined by CASA immediately before 27 June 2011 to be taken to be an application under CASR Part 66.
The Regulation requires CASA to determine whether CASA would have issued an aircraft maintenance engineer licence to the person under Regulation 31 of CAR, as in force immediately before 27 June 2011 and if so to take the person to have met the requirements mentioned in CASR Part 66 for licences and ratings.
If CASA does not find the applicant has met the requirements then the Regulation requires CASA to give the person notice in writing of the determination; and the reasons for the determination.
202.344 Applications for aircraft maintenance engineer licences made on or after 27 June 2011
This Regulation allows personnel who would have qualified under the CAR for an aircraft maintenance engineer licence to be taken to have applied for and to have met the requirements mentioned in CASR Part 66 for licences and ratings.
If CASA does not find the applicant has met the requirements then the Regulation requires CASA to give the person notice in writing of the determination; and the reasons for the determination.
This Regulation ceases to have effect at the end of 26 June 2015.
202.345 Applications for CAO 100.66 maintenance authorities made but not finally determined before 27 June 2011
This Regulation requires CASA to determine whether CASA would have issued maintenance authority in response to an application for a CAO 100.66 maintenance authority, as per the CAR as in force immediately before 27 June 2011 and if so, to take the person to have met the requirements mentioned in CASR Part 66 for licences and ratings.
If CASA does not find the applicant has met the requirements then the Regulation requires CASA to give the person notice in writing of the determination; and the reasons for the determination.
202.346 Having regard to other airworthiness authorities in granting aircraft engineer licences
This Regulation requires CASA to consider and have regard to other forms of maintenance authority when granting an aircraft engineer licence to the person.
202.347 Medically significant conditions
This Regulation allows notifications of medically significant condition under the CAR to be taken to be a notification of a medical significant condition under the CASR.
Item [26] Subparts 202.GE, 202.GF and 202.GG
Subpart 202.GE Transitional provisions for Part 145 (Part 145 approved maintenance organisations)
This new subpart has been inserted into the CASR with the Regulation detail as follows:
202.800 CASA may direct the making of applications under regulation 145.025
This provision allows CASA to direct the holder of a certificate of approval, that covers maintenance of an aircraft or aeronautical product to which Part 42 applies, to make an application under Regulation 145.025 for approval.
This new subpart has been inserted into the CASR with the Regulation detail as follows:
202.840 Recognised organisations taken to be maintenance training organisations
This provision allows CASA to take a Civil Aviation Order 100.66 recognised organisation as having applied for and to have met the requirements mentioned in Regulation 147.030 for the grant of, approval as a maintenance training organisation.
202.841 Applications for approval as a recognised organisation made but not finally determined before 27 June 2011
This provision allows applicants for a Civil Aviation Order 100.66 recognised organisation approval, whose application was not finally determined by CASA immediately before 27 June 2011, to be taken to have made an application under Regulation 147.025 for approval as a maintenance training organisation.
202.842 CASA may direct the making of applications under regulation 147.025
This provision allows CASA to direct the holder of a certificate of approval that covers training of candidates for, or in the conducting of, the examinations under the CAR to make an application under Regulation 147.025 for approval as a maintenance training organisation.
Such a direction is required to be in writing and needs to specify the time within which the direction must be complied with. A person to whom a direction has been given is required to comply with the direction within the time specified in the direction.
Item [27] Dictionary, Part 1, after definition of AIP-ERSA
This Item provides the Regulations with a definition to assist in the reading of the Regulations.
Item [28] Dictionary, Part 1, definition of authorised person
This Item provides the Regulation with a definition to assist in the reading of the Regulations.
Item [29] Dictionary, Part 1, definition of authorised release certificate
This Item provides the Regulation with a definition to assist in the reading of the Regulations.
Item [30] Dictionary, Part 1, after definition of certificate of registration
This Item provides the Regulation with definitions to assist in the reading of the Regulations.
Item [31] Dictionary, Part 1, after definition of flight simulator
This Item provides the Regulation with a definition to assist in the reading of the Regulations.
Item [32] Dictionary, Part 1, after definition of foreign type certificate
This Item provides the Regulation with a definition to assist in the reading of the Regulations.
Item [33] Dictionary, Part 1, after definition of incidental provisions
This Item provides the Regulation with definitions to assist in the reading of the Regulations.
Item [34] Dictionary, Part 1, after definition of letter of ATSO design approval
This Item provides the Regulation with a definition to assist in the reading of the Regulations.
Item [35] Dictionary, Part 1, after definition of major change
This Item provides the Regulation with a definition to assist in the reading of the Regulations.
Item [36] Dictionary, Part 1, definition of manoeuvring area
This Item omits a definition no longer required to assist in the reading of the Regulations.
Item [37] Dictionary, Part 1, after definition of micro UAV
This Item provides the Regulation with a definition to assist in the reading of the Regulations.
Item [38] Dictionary, Part 1, definition of movement area
This Item omits a definition no longer required to assist in the reading of the Regulations.
Item [39] Dictionary, Part 1, after definition of overhauled
This Item provides the Regulation with definitions to assist in the reading of the Regulations.
Item [40] Dictionary, Part 1, definition of registered operator
This Item clarifies a definition used to assist in the reading of the Regulations.
Item [41] Dictionary, Part 1, definition of rotorcraft
This Item omits a definition no longer required to assist in the reading of the Regulations.
Item [42] Dictionary, Part 1, after definition of standard certificate of airworthiness
This Item has provided a definition that assists in the reading of the Regulations.
Item [43] Dictionary, Part 1, after definition of these Regulations
This Item has provided a definition that assists in the reading of the Regulations.
Item [44] Dictionary, Part 1, definition of type certification basis
This Item has provided a definition that assists in the reading of the Regulations.
Item [45] Dictionary, Part 2, clause 1
This Item substitutes a definition that is used to assist in the reading of the Regulations.
Item [46] Dictionary, Part 2, after clause 15
This Item has provided a definition that assists in the reading of the Regulations.
Item [47] Dictionary, after Part 2,
This Item has inserted a Part 3 – Definitions for this Part, Parts 42, 66, 145, 147 and Subparts 202.BA, 202.CG, 202.GE and 202.GG. Those definitions can be used to assist in the reading of the Regulations.
Schedule 2 Amendments of the Civil Aviation Regulations 1988 commencing on 27 June 2011 (Regulation 4)
Item [1] Subregulation 2 (1), definition of AA
This Item omits a definition already defined in the CAA 1998.
Item [2] Subregulation 2 (1), definition of Aeronautical Information Publications or AIP
This Item has provided a definition that assists in the reading of the Regulations.
Item [3] Subregulation 2 (1), definition of aircraft maintenance engineer licence
This Item omits a redundant definition.
Item [4] Subregulation 2 (1), definition of approved
This Item omits a redundant definition.
Item [5] Subregulation 2 (1), definition of approved system of maintenance
This Item updates a definition to assist in the reading of the Regulations.
Item [6] Subregulation 2 (1), definition of authorised person
This Item clarifies a definition.
Item [7] Subregulation 2 (1), definition of engage in conduct
This Item omits a redundant definition.
Item [8] Subregulation 2 (1), definition of maintenance
This Item omits a redundant definition.
Item [9] Subregulation 2 (1), definition of major defect
This Item omits a redundant definition.
Item [10] Subregulation 2 (1), definition of the Act
This Item omits a redundant definition.
Item [11] Subregulation 2 (1), definition of time-in-service
This Item omits a redundant definition.
Item [12] Subregulation 2 (1), definition of TSO
This Item omits a redundant definition.
Item [13] Subregulation 2 (2D)
This Items updates the regulations so that the mention of ‘these regulations’ has become a mention of the CAR only.
Item [14] Subregulation 2 C (1)
This Item updates the Regulations so that the mention of ‘these regulations’ has become a mention of the CAR only.
Item [15] Subregulation 2 C (2)
Item [16] Subregulation 30 (1)
Item [17] Regulations 31, 31A, 31B, 31C, 31D
These Item removes Regulations made redundant by CASR Part 66.
Item [18] Regulation 32
Tis Item removes the part of the Regulation 32 made redundant by CASR Part 66. A remaining aspect is still applicable and has been retained.
Item [19] Regulation 32A and 32B
This Item omits Regulations made redundant by CASR Part 66.
Item [20] Regulation 33
This Item updates the Regulation with a mention of an aircraft maintenance engineer licence.
Item [21] Subparagraph 42ZC (3) (a) (i)
This Item updates the subparagraph a mention of an aircraft maintenance engineer licence.
Item [22] Subparagraph 42ZC (3) (b) (ii)
This Item updates the subparagraph with a mention of an aircraft maintenance engineer licence.
Item [23] Subparagraphs 42ZC (4) (a) (i) and (b) (i)
These Item updates the subparagraphs with a mention of an aircraft maintenance engineer licence.
Item [24] Sub-subparagraph 42ZC (4) (b) (ii) (B)
This Item updates the subparagraph with a cross reference clarification.
Item [25] Subparagraph 42ZC (4) (c) (i)
Item [26] Subregulation 42ZC (9)
This Item omits a redundant subregulation.
Item [27] Subregulation 42ZE (2)
This Item updates the subregulation with a mention of an aircraft engineer licence.
Item [28] Paragraph 49 (1) (d)
This Item has corrected the Paragraph’s cross reference to the correct person. The correct person is a person who is permitted by Regulation 42ZC or 42ZD to carry out maintenance on the aircraft.
Item [29] Subparagraph 230 (3) (a) (i)
This Item updates the subregulation with a mention of an aircraft engineer licence.
Item [30] Subregulation 230 (7)
This Item corrects the subregulation’s definition of maintenance training.
Item [31] Subregulation 262AQ (2)
This Item clarifies the subregulation’s mention of aircraft by the insertion of the term ‘of a particular kind.’
Item [32] Paragraph 262AQ (2) (a)
This Item updates the paragraph has with CASR terminology – specifically; aircraft engineer licence; holder of a certificate of approval that covers maintenance for aircraft of that kind; and approved maintenance organisation that is approved to provide maintenance services for aircraft of that kind.
Item [33] Subregulation 262AQ (3)
Item [34] Paragraphs 262AQ (3) (a) and (b)
This Item updates the paragraphs due to drafting considerations.
Item [35]Subregulation 262AR (2)
Item [36] Paragraph 262AR (2) (a)
Item [37] Subregulation 262AR (3)
This Item updates the subregulation with CASR terminology and has corrects drafting deficiencies.
Item [38] Paragraphs 262AR (3) (a) and (b)
This Item updates these paragraphs to correct drafting deficiencies.
This Item substituted a new heading for Part 16 to align with the use of this Part by the CASR.
Item [40] Subregulation 263 (1), before definition of authority
This Item provides a definition of approval.
Item [41] Subregulation 263 (1), definition of licence, paragraph (a)
This Item updates the subregulation with a mention of an aircraft engineer licence.
Item [42] Paragraph 264 (3)
This Item updates the subregulation with a mention of an aircraft engineer licence.
Item [43] Paragraph 265 (1) (a)
This Item omits the mention of a Regulation that has been removed.
Item [44] Regulation 267, heading
This Item substitutes a new heading for regulation 267 to align with the CASR use of the regulation.
Item [45] Regulation 269, heading
This Item substitutes a new heading for regulation 267 to align with the CASR use of the regulation.
Item [46] Subregulation 269 (1)
This Item updates the Regulation to detail what terms can be described as an authorisation.
Item [47] Paragraph 269 (1) (b)
This Item updates the Regulation with the use of the terms ‘an authorisation’.
Item [48] Paragraph 269 (1) (d)
This Item updates the Regulation with the use of the terms ‘an authorisation’.
Item [49] Paragraph 269 (1A)
This Item updates the Regulation with the use of the terms ‘an authorisation’.
Item [50] Subregulation 269 (3)
This Item updates the subregulation with the use of the terms ‘an authorisation’ and has changed the use of ‘must’ instead of ‘shall’.
Item [51] Regulation 270, heading
This Item substitutes a new heading for regulation 270 to align with the CASR use of the regulation.
Item [52] Subregulation 270 (1)
This Item updates the subregulation to detail what terms can be described as ‘an authorisation’.
Item [53] Subregulation 270 (2)
This Item updates the subregulation with the use of the terms ‘an authorisation’.
Item [54] Regulation 272A, heading
This Item substitutes a new heading for regulation 272A to align with the CASR use of the regulation.
Item [55] Regulation 272A
This Item updates the Regulation with the use of the terms ‘an authorisation’.
Item [56] Part 20, heading
Division 1 Transitional provisions – miscellaneous
This new heading has been inserted into the CASR.
Item [57] After regulation 325
Division 2 Transitional provisions relating to Parts 42, 66, 145 and 147 of CASR (commencing on 27 June 2011)
This new heading has been inserted into the CASR accompanied by the following Regulations:
326 Certain applications under regulation 145.025 of CASR taken also to be applications under regulation 30
This Regulation allows the applicant for maintenance of aircraft and aeronautical products under CASR 145.025 to be also taken by CASA to be an applicant for a CAR30 approval
327 Continuation in force of certificates of approval for training for aircraft maintenance engineer licences
This Regulation allows a certificate of approval in respect of the training of candidates for, or the conducting of LAME examinations to continue in force according to its terms and until the earlier of the date that the certificate ceases to be valid (according to the terms of the certificate) or the end of 26 June 2013.
328 Application of Divisions 2 and 3 of Part 4A to aircraft
This Regulation states that on and after 27 June 2011, Divisions 2 and 3 of Part 4A will not apply to an aircraft to which Part 42 of CASR applies.
329 Application of Divisions 7, 8, 9, 10 and 11 of Part 4A to aircraft
This Regulation states that on and after 27 June 2011 that Divisions 7, 8, 9, 10 and 11 of Part 4A does not apply to an aircraft to which Part 42 of CASR applies; and for which maintenance services are being provided by a Part 145 organisation.
330 Application of Part 4B to aircraft
This Regulation states that on and after 27 June 2011, that Part 4B does not apply to an aircraft to which Part 42 of CASR applies; and for which maintenance services are being provided by a Part 145 organisation.
331 Application of Part 4B to Part 145 organisations — dealing with defects
This Regulation allows Part 4B to continue to apply to the person, in relation to the defect report made to CASA under Regulation 51, 51A or 52, if after making the report, the person becomes a Part 145 organisation.
332 Application of regulation 133 to aircraft
This Regulation specifies that on and after 27 June 2011, that paragraphs 133 (1) (c) and (d) do not apply to an aircraft to which Part 42 of CASR applies.
Item [58] Schedule 6, clause 1.3
This Item updates the schedule with a mention of an aircraft maintenance engineer licence.
Item [59] Further amendments - authorisation
This Item amends Regulations 269, 270 and 272A by substitution the generic term ‘authorisation’ in substitution of the list of authorisations ‘licence, certificate or authority’.
Schedule 3 Amendments of the Civil Aviation Regulations 1988 commencing on 27 June 2013
Item [1] Subparagraphs 30 (2C) (c) (x) and (xi)
Item [2] Paragraph 33B (1) (c)
This Item omits the redundant paragraph as maintenance training examiners would be approved within Part 147 MTO.
[1] That will not be changing under these proposed regulations.
[2] The rate of reduction in safety hazards Skyservices (2006) found after introducing a safety management system.
[3] These requirements are generally determined by the maintenance instructions released by the manufacturer and authorised by the relevant aviation safety authority.
[4] Appendix A page 25.
[5] New operators after June 2011 will be required to meet the new requirements in order to obtain a certificate to operate.
[6] Operators choosing not to service RPT aircraft after June 2013, will maintain their CAR 30 certification and will be able to maintain aircraft not used in RPT operations until June 2015.
[7] ABS 2009, Mechanical Engineering Trades hourly wage rate
[8] Based on the Queensland Aerospace College fees, which is the largest provider of these courses.
[9] The 3 hours represents the exam time, which is a maximum of 3 hours and travel time to and from the exam centre.
[10] The total assessment cost is based on the number of base categories applied for with the licence (figure 1), with a $390 fee per base category. On average there are 514 base categories issued for the 222 licences each year, deriving an average cost of $903 per licence.
[11] Aviation Australia course fee for a combined diploma certificate IV course.
[12] Defined as Outer Regional, Remote and Very Remote on the ABS AGSC classification (ABS 2010a).
[13] ABS 2010.
[14] Based on the $30.7 hourly wage and an average working week of 38 hours.
[15] The wage bill is the product of the licensed engineer wage $30.7 * 16% on-cost * 38 hours * 52 weeks * 2589 engineers = $182m.
[16] The 250 businesses estimated to apply for a Part 145 approval represents 40% of the currently approved maintenance businesses and it is assumed that they employ 40% of the aircraft engineers.
[17] $30.7 hourly wage * 8 hours * on cost of 16%.
[18] That is, 22.5% of $15.8m.
[19] Values converted from US dollars at a 0.92 exchange rate.
[20] That is 5.86% of $318m.