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CIVIL AVIATION AMENDMENT REGULATIONS 2000 (NO. 5) 2000 NO. 227
EXPLANATORY STATEMENTStatutory Rule 2000 No. 227
Issued by the Authority of the Minister for Transport and Regional Services
Civil Aviation Act 1988
Civil Aviation Amendment Regulations 2000 (No. 5)
Subsection 98 (1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in relation to the safety of air navigation.
Subsection 9 (1) of the Act specifies that the Civil Aviation Safety Authority (CASA) has the function of conducting safety regulation of civil air operations in Australian territory by means that include developing and promulgating appropriate, clear and concise safety standards and issuing certificates, licences, registrations and permits.
The Civil Aviation Regulations 1998 (CAR 1998) commenced in October 1998 and deals with the certification and airworthiness requirements for aircraft and parts. A set of consequential savings and transitional regulations that amended the Civil Aviation Regulations 1988 (CAR 1988) to accompany the CAR 1998 also came into effect at the same time. As a consequence of the application of CAR 1998 and the amended CAR 1988, the need for minor amendments to both sets of the regulations became apparent to overcome a number of anomalies, to clarify the intent, and to correct some omissions.
CASA has been negotiating with the United States, Canadian and European national airworthiness authorities to harmonise a document used for the same purpose in each of these countries for the release to service of manufactured products and the return to service of products after maintenance. All countries have agreed to change the title and re-format this document to be commonly known as an 'Authorised Release Certificate'. The document will be made available after 1 September 2000 in these countries.
The Regulations:
* introduce the 'authorised release certificate' to replace the existing document 'airworthiness tag/release note'.
* correct an omission in the CAR 1998 which unintentionally prevented organisations holding Certificates of Approval issued under regulation 30 of CAR 1988 from manufacturing modifications and replacement parts. The amended regulations would allow Certificates of Approval holders to continue manufacturing modifications and replacement parts until 30 November 2003.
* insert provisions which will allow Australian manufacturers to obtain a Production Certificate covering aircraft and components manufactured for export under an agreement with an overseas manufacturer.
The existing regulations allow licence manufacture, but make no provision for Australian manufacturers to be granted a Production Certificate for this purpose.
International industry practice requires that the manufacture of major aircraft components be conducted under the auspices of a Production Certificate.
* correct an omission in the CAR 1998 which currently prevents amateur built helicopters being granted Certificates of Airworthiness in the amateur built aircraft category.
* insert an International Civil Aviation Organisation (ICAO) requirement to identify a least risk bomb location in transport category aircraft and to include that location in the aircraft flight manual. This is a new requirement which has arisen since the making of the CAR 1998.
* clarify the exemptions granted to certain classes of sporting /recreational and military aircraft.
* amend the CAR 1988 to allow permit indexes to be published for limited category aircraft which had not had permit indexes established when the CAR 1998 was made.
Details of the amending Regulations are attached.
Regulations 1 to 4 and Schedules 2 and 3 commenced on Gazettal.
Schedules 4 and 5 commence on 1 September 2000.
Schedule 1 is taken to have commenced on 1 December 1998.
The retrospective commencement of Schedule 1 is not considered in breach of subsection 48(2) of the Acts Interpretation Act 1901 as the regulations have the effect of allowing holders of a Certificate of Approval under Regulation 30 of CAR 1988 to continue producing modifications and replacement parts until 30 November 2003.
DETAILS OF THE AMENDING REGULATIONS
REGULATION 1 - Name of Regulations
Regulation 1 sets out the name of the regulations as the Civil Aviation Amendment Regulations 2000 (No. 5).
REGULATION 2 - Commencement
Regulation 2 provides that:
(a) Schedule 1 is taken to have commenced on 1 December 1998.
(b) Regulations 1- 4 and Schedules 2 and 3 commence on gazettal.
(c) Schedules 4 and 5 commence on 1 September 2000.
REGULATION 3 - Amendment of Civil Aviation Regulations 1998 and Civil Aviation Regulations 1988
Regulation 3 provides that:
(1) Schedules 1, 2 and 4 amend the Civil Aviation Regulations 1998.
(2) Schedules 3 and 5 amend the Civil Aviation Regulations 1988.
REGULATION 4 - Transitional
Regulation 4 provides that despite the amendments being made a requirement for an authorised release certificate is satisfied by an airworthiness tag/release in force immediately before the commencement of this regulation.
Schedule 1 - Amendments of Civil Aviation Regulations 1998 taken to have commenced on 1 December 1998
ITEMS 1 and 2 - Subregulation 21.303 (1)
Items 1 and 2 together insert a provision into the regulations which has the effect of allowing holders of a Certificate of Approval under Regulation 30 of CAR 1988 to continue producing modifications and replacement parts until 30 November 2003. This amendment corrects an omission in the 1998 regulations.
Schedule 2 - Amendments of Civil Aviation Regulations 1998 commencing on gazettal
Part 1 - Amendments of Part 21, Subpart G
ITEM 1 - Regulation 21.131
Item 1 changes the term "aircraft, aircraft engines and propellers" to "Class I, Class II, Class III and unapproved Class I products" . This change allows the regulations to address aircraft components which may be produced for export under an agreement with an overseas manufacturer, and which should be covered by a Production Certificate.
ITEM 2 - Regulation 21.133
Item 2 removes the existing regulation 21.133 and substitutes three new regulations. New regulation 21.132 provides definitions of terms used in Subpart G of CAR1998; new regulation 21.132A defines the term 'Product Design" and specifies the documentation necessary to define the design of a product; new regulation 21.133 provides the eligibility criteria for persons applying for production certificates.
ITEM 3 - Subregulation 21.135 (1)
Item 3 changes the term "aircraft, aircraft engines and propellers" to "Class I, Class II, Class Ill and unapproved Class 1 products". This change allows the regulations to address aircraft components which may be produced for export under an agreement with an overseas manufacturer, and which should be covered by a Production Certificate.
ITEM 4 - Regulation 21.139
Item 4 replaces existing regulation 21.139 with a new regulation which amends the requirements for a quality system which must be established for the grant of a Production Certificate to cover components manufactured for export under an agreement from an overseas manufacturer.
ITEM 5 - Subregulation 21.143 (1)
Item 5 replaces existing subregulation 21.143 (1) with a new subregulation which amends the requirements for the manual of test and inspection procedures which is required for the grant of a Production Certificate, changing it to cover aircraft components manufactured for export under an agreement from an overseas manufacturer.
ITEM 6 - Regulation 21.144
Item 6 amends a paragraph reference in regulation 21.144 to point to the proposed subregulation 21.143 (1A)(c) rather than 21.143 (1)(c).
ITEM 7 - Paragraph 21.144 (c)
Item 7 changes the term "aircraft, aircraft engine or propeller" to "Class I, Class II, Class Ill or unapproved Class I product". This change allows the regulations to address aircraft components which may be produced for export under an agreement with an overseas manufacturer, and which should be covered by a Production Certificate.
ITEM 8 - Paragraph 21.144 (d)
Item 8 replaces existing subregulation 21.144(d) with a new subregulation which amends a requirement of the production inspection system, which is required for the grant of a Production Certificate, to cover aircraft components manufactured for export under an agreement from an overseas manufacturer.
ITEM 9 - Paragraph 21.144 (f)
Item 9 replaces existing subregulation 21.144(f) with a new subregulation which amends a requirement of the production inspection system, which is required for the grant of a Production Certificate, to cover aircraft components manufactured for export under an agreement from an overseas manufacturer.
ITEM 1 0 - Paragraph 21.144 (g)
Item 10 changes the term "aircraft, aircraft engine or propeller" to "Class I, Class II, Class Ill or unapproved Class I product". This change allows the regulations to
address aircraft components which may be produced for export under an agreement with an overseas manufacturer, and which should be covered by a Production Certificate.
ITEM 11 - Paragraph 21.144 (h)
Item 11 changes the term "aircraft, aircraft engine or propeller" to "Class I, Class II, Class Ill or unapproved Class I product'. This change allows the regulations to address aircraft components which may be produced for export under an agreement with an overseas manufacturer, and which should be covered by a Production Certificate.
ITEM 12 - Paragraph 21.144 (j)
Item 12 changes the term "aircraft, aircraft engine or propeller" to "Class I, Class II, Class Ill or unapproved Class I product". This change allows the regulations to address aircraft components which may be produced for export under an agreement with an overseas manufacturer, and which should be covered by a Production Certificate.
ITEM 13 - Subregulation 21.147 (2)
Item 13 replaces the existing subregulation 21.147 (2) with a new subregulation which amends the requirement that CASA be notified of any change to the quality system required for the grant of a Production Certificate to cover aircraft components manufactured for export under an agreement from an overseas manufacturer.
ITEM 14 - Regulation 21.149 - Multiple products
Item 14 replaces the existing regulation 21.149 with a new regulation which also covers aircraft components manufactured for export under an agreement from an overseas manufacturer. This regulation allows production certificates to cover multiple products if they have the similar production characteristics.
ITEM 15 - Regulation 21.151 - Production limitation record
Item 15 replaces the existing regulation 21.151 with a new regulation which also covers aircraft components manufactured for export under an agreement from an overseas manufacturer. This regulation specifies that a production limitation record must be attached to a production certificate. The production limitation record specifies the designs of the items to be manufactured under that production certificate.
ITEM 16 - Subregulation 21.153 (1)
Item 16 replaces the existing subregulation 21.153 (1) with a new subregulation which also covers aircraft components manufactured for export under an agreement from an overseas manufacturer. This regulation allows production certificates to be amended to cover manufacture of additional products.
ITEM 17 - Regulation 21.165 - Responsibility of holder of production certificate Item 17 replaces the existing regulation 21.165 with a new regulation which amends the responsibilities of the holder of a production certificate in order to cover aircraft components manufactured for export under an agreement from an overseas manufacturer.
ITEM 18 - Regulation 21.166 - records to be kept by holder of production certificate
Item 17 replaces the existing regulation 21.166 with a new regulation which amends the list of records to be retained by the holder of a production certificate in order to cover aircraft components manufactured for export under an agreement from an overseas manufacturer.
Part 2 - Amendment of Part 21, Subpart H
ITEM 19
Item 19 inserts a new subregulation, 21.190 (1A), which corrects an omission in CAR 1998. The new subregulation will allow amateur built helicopters to be granted Certificates of Airworthiness in the amateur built aircraft category. The existing subregulation applies only to aeroplanes, and this term excludes helicopters.
Part 3 - Amendments of Part 25
ITEM 20
Item 20 inserts a new heading, Subpart A General, into the regulations.
ITEM 21 - Subregulation 25.1 (1)
Item 21 replaces the existing subregulation 25.1 (1) with a new regulation which facilitates the insertion of new regulations (Item 23) which require the identification and publication of a "least risk bomb location" in transport category aircraft. The "least risk bomb location" is a position within the aircraft where an explosive device, should it detonate, will do the minimum of damage to the aircraft and its occupants.
ITEM 22
Item 22 inserts a new heading, Subpart B Changes to FARs and JAR-25, into the regulations.
ITEM 23
Item 23 inserts a new heading, Subpart C Airworthiness standards directed by ICAO, into the regulations.
Item 23 also inserts new regulations 25.11 and 25.13 which require the identification and publication of a "least risk bomb location" in transport category aircraft. The "least risk bomb location" is a position within the aircraft where an explosive device, should it detonate, will do the minimum of damage to the aircraft and its occupants.
Part 4 - Additional Amendments
ITEM 24 - Additional amendments
Item 24 amends several regulations and subregulations in parts 200 and 201 of CAR 1998 by omitting the words "these regulations" and inserting the words "CAR 1998". The effect of this change is to clarify the exemptions granted to certain classes of sporting/recreational and military aircraft.
Schedule 3 - Amendment of Civil Aviation Regulations 1988 commencing on gazettal
ITEM 1 - Subregulation 262AM (14)
Item 1 amends subregulation 262AM (14) to correct an anomaly which required that the assignment of permit indexes for limited category aircraft be in accordance with Advisory Circular AC21.25, as in force at the commencement of this regulation. This requirement prevents any improvements to the methodology used in AC21.25, and, as assigned permit indexes are listed in AC21.25, prevents that list from being updated to add new aircraft types. The new subregulation will allow AC21.25 to be amended and for new aircraft types and their permit indexes to be listed in the AC. s98(3A) of the Civil Aviation Act allows the regulations to make provision in relation to a matter by the adoption or incorporation of any matter contained in other documents as in force at a particular time, or from time to time.
Schedule 4 - Amendments of Civil Aviation Regulations 1998 commencing on 1 September 2000
ITEM 1 - Paragraph 21.231 (1) (b)
Item 1 changes the document name from "airworthiness tags/release notes" to
"authorised release certificates". This change is for harmonisation and will assist recognition of the document by other National Airworthiness Authorities(NAA) and industry.
ITEM 2 - Paragraphs 21.251 (1) (f) and (g)
Item 2 changes the document name from "airworthiness tags/release notes" to "authorised release certificates". This change is for harmonisation and will assist recognition of the document by other National Airworthiness Authorities(NAA) and industry.
ITEM 3 - Paragraph 21.325 (4) (a)
Item 3 deletes the "class 1 products other than aircraft" requirements to allow this requirement to be transferred into new paragraph 21.325 (4A).
ITEM 4 - Paragraph 21.325 (4) (b)
Item 4 inserts a full stop to grammatically allow for the deletion of paragraph (c).
ITEM 5 - Paragraph 21.325 (4) (c)
Item 5 deletes paragraph 21.325 (4) (c) and allows for this provision to be transferred into new paragraph 21.325 (4A).
ITEM 6
Item 6 inserts a new paragraph 21.325 (4A) that allows for clarification of 21.325(4) to ensure it aligns with the requirements in 21.325 (1)(b)
ITEM 7 - Dictionary, Part 1, definition of airworthiness taglrelease note
Item 7 deletes the existing definition which is replaced by a new document description 'authorised release certificate' to allow for harmonisation with the American Federal Aviation Regulations and the European Joint Aviation Requirements.
ITEM 8 - Dictionary, Part 1, after definition of authorised person
Item 8 inserts a new definition of the document 'authorised release certificate' to allow for harmonisation with the American Federal Aviation Regulations and the European Joint Aviation Requirements.
ITEM 9 - Additional amendments
Item 9 renames the "airworthiness tag/release note" document to "authorised release certificate" for harmonisation purposes where they exist in other paragraphs or regulations.
Schedule 5 - Amendments of Civil Aviation Regulations 1988 commencing on 1 September 2000
ITEM 1 - Subregulations 42W (4) and (5)
Item 1 rewrites and simplifies the current 43W(4) and (5). The intent of the current 42W (4) and (5) has not changed but the rewrite does make it compatible with new regulation 42WA - Requirements for authorised release certificate.
ITEM 2
Item 2 inserts a new regulation 42WA - Requirements for authorised release certificate, which provides the content and certification responsibilities for the "authorised release certificate". The introduction of the new regulation 42WA will make what must be contained in the "authorised release certificate" document or a kind of document legally binding.