Civil Aviation Legislation Amendment (Part 66) Regulation · PDF fileExposure draft Exposure draft Civil Aviation Legislation Amendment (Part 66) Regulation 2015 Select Legislative

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Civil Aviation Legislation Amendment

(Part 66) Regulation 2015

Select Legislative Instrument No. , 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d),

Governor-General of the Commonwealth of Australia, acting with the

advice of the Federal Executive Council, make the following regulation.

Dated 2015

Peter Cosgrove

Governor-General

By His Excellency’s Command

Warren Truss [DRAFT ONLY—NOT FOR SIGNATURE]

Minister for Infrastructure and Regional Development

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No. , 2015 Civil Aviation Legislation Amendment (Part 66) Regulation 2015 i

Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules ........................................................................................... 1

Schedule 1—Amendments 2

Part 1—Main amendments 2

Civil Aviation Safety Regulations 1998 2

Part 2—Other amendments 21

Civil Aviation (Fees) Regulations 1995 21

Civil Aviation Regulations 1988 21

Civil Aviation Safety Regulations 1998 26

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No. , 2015 Civil Aviation Legislation Amendment (Part 66) Regulation 2015 1

1 Name

This is the Civil Aviation Legislation Amendment (Part 66)

Regulation 2015.

2 Commencement

This instrument commences on 1 June 2015.

3 Authority

This instrument is made under the Civil Aviation Act 1988.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is

amended or repealed as set out in the applicable items in the

Schedule concerned, and any other item in a Schedule to this

instrument has effect according to its terms.

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Schedule 1 Amendments

Part 1 Main amendments

2 Civil Aviation Legislation Amendment (Part 66) Regulation 2015 No. , 2015

Schedule 1—Amendments

Part 1—Main amendments

Civil Aviation Safety Regulations 1998

1 Part 66 (heading)

Repeal the heading, substitute:

Part 66—Continuing airworthiness—aircraft

engineer licences, ratings and

endorsements

2 Paragraph 66.005(a)

Omit “and ratings for”, substitute “, ratings and endorsements for”.

3 Regulation 66.005 (note)

Repeal the note.

4 Regulation 66.010 (definition of additional practical experience)

Repeal the definition, substitute:

additional practical experience, for an applicant for an aircraft

engineer licence or a rating or endorsement to be endorsed on a

licence, means practical experience in carrying out maintenance on

operating aircraft:

(a) that the applicant carries out under the supervision of a

person:

(i) who holds the same aircraft engineer licence as the

licence applied for; or

(ii) who holds the same rating or endorsement as the rating

or endorsement applied for; and

(b) that the applicant carries out on the kind of aircraft for:

(i) the licence applied for; or

(ii) the licence on which the rating or endorsement applied

for is to be endorsed.

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Amendments Schedule 1

Main amendments Part 1


5 Regulation 66.010

Insert:

Defence Force aircraft endorsement means an authorisation that:

(a) is of the same nature as an endorsement; and

(b) relates to Defence Force aircraft.

foreign endorsement means an authorisation that:

(a) is of the same nature as an endorsement; and

(b) is:

(i) granted under a national aviation law of a foreign

country, other than a foreign country that is an excluded

State; or

(ii) issued by a foreign company, other than a foreign

company incorporated or formed in an excluded State.

6 Subregulation 66.015(1)

Repeal the subregulation, substitute:

(1) For subsection 98(5A) of the Act, CASA may issue a Manual of

Standards for this Part prescribing matters:

(a) required or permitted by these Regulations to be prescribed

by the Part 66 Manual of Standards; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Part.


Omit “In particular, a”, substitute “Without limiting subregulation (1),

the Part 66”.

8 After paragraph 66.015(2)(d)

Insert:

(da) the privileges that a small aircraft engineer licence holder

whose licence is endorsed with an endorsement may

exercise;

9 Paragraph 66.015(2)(e)

Repeal the paragraph.

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10 After paragraph 66.015(2)(j)

Insert:

(ja) the required aircraft type training or units of competency for

an endorsement on a small aircraft engineer licence;

11 At the end of subregulation 66.015(2)

Add:

(u) for a small aircraft engineer licence:

(i) the endorsements that are required for particular small

aircraft engineer licences; or

(ii) the sequence in which endorsements may or must be

granted for particular small aircraft engineer licences; or

(iii) the aircraft systems or subsets of aircraft systems

covered by an endorsement.

12 At the end of Subpart 66.A

Add:

66.016 Instrument may prescribe type rated aircraft types and

engines requiring endorsement for specified licences

For subsection 98(5A) of the Act, CASA may issue an instrument

for this Part prescribing any of the following:

(a) aircraft types that are type rated aircraft types for specified

aircraft engineer licences;

(b) endorsements on specified small aircraft engineer licences

that require aircraft type training.

13 Before regulation 66.020

Insert:

66.018 Aircraft engineer licences and kinds of aircraft

An aircraft engineer licence specified in column 1 of an item in the

following table may be granted in relation to the kind of aircraft

specified in column 2 of the item.

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Aircraft engineer licences and kinds of aircraft

Item Licence Kind of aircraft

1 Subcategory A1 Turbine-engined fixed-wing

aeroplane

2 Subcategory A2 Piston-engined fixed-wing aeroplane

3 Subcategory A3 Turbine-engined helicopter

4 Subcategory A4 Piston-engined helicopter

5 Subcategory B1.1 Turbine-engined fixed-wing

aeroplane

6 Subcategory B1.2 Piston-engined fixed-wing aeroplane

7 Subcategory B1.3 Turbine-engined helicopter

8 Subcategory B1.4 Piston-engined helicopter

9 Subcategory B1.1SAL A small aircraft that is a

turbine-engined fixed-wing

aeroplane


piston-engined fixed-wing aeroplane


turbine-engined helicopter


piston-engined helicopter

13 Category B2 An aircraft mentioned in another

item of this table

14 Category B2SAL A small aircraft mentioned in

another item of this table

15 Category C Large aircraft

14 Before paragraph 66.026(2)(a)

Insert:

(aa) the licence applied for is not a small aircraft engineer licence;

and


After “aircraft engineer licence”, insert “(other than a small aircraft

engineer licence)”.

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17 Paragraph 66.040(1)(d)

After “foreign rating”, insert “or a foreign endorsement”.




19 Paragraph 66.050(1)(e)

After “foreign rating”, insert “or a foreign endorsement”.





After “a rating”, insert “or endorsement”.

22 Paragraphs 66.065(1)(b) and 66.070(1)(c)

After “Defence Force aircraft rating”, insert “or a Defence Force

aircraft endorsement”.

23 Paragraph 66.075(3)(bb)

Omit “foreign licence”, substitute “foreign rating”.

24 Paragraph 66.080(2)(c)

Omit “2 years”, substitute “3 years”.


Omit “2 years”, substitute “3 years”.

26 Paragraph 66.080(4)(a)

Omit “a foreign licence that is endorsed with”.

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27 Regulation 66.085 (heading)


66.085 Determination of equivalence of certain ratings and

authorisations held at time of application

28 Subparagraph 66.085(a)(i)

Omit “a foreign licence that is endorsed with”.

29 Subparagraph 66.085(b)(i)

Omit “the licence or”, substitute “the foreign rating or the”.

30 Regulation 66.085

Omit “rating endorsed on the licence or”, substitute “foreign rating or

the”.

31 Subparagraph 66.090(a)(i)

Omit “a foreign licence that was endorsed with”.

32 Paragraph 66.090(b)


33 Subparagraph 66.090(c)(i)


34 Paragraph 66.090(d)

Omit “licence or”, substitute “foreign rating or the”.


Omit “rating endorsed on the licence or”, substitute “foreign rating or

the”.

36 After Subpart 66.C

Insert:

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Subpart 66.CA—Small aircraft engineer licences—

endorsements

66.111 Applications for endorsements

(1) A person may apply to CASA for an endorsement on a small

aircraft engineer licence.

(2) A person may apply for an endorsement only if, at the time of

making the application, the person is applying for, or holds, the

small aircraft engineer licence to which the endorsement relates.

(3) The application must:

(a) be in writing; and

(b) specify the endorsement being applied for; and

(c) be accompanied by copies of documents evidencing the

qualifications and experience relevant to the endorsement

applied for.

(4) Also, the application must comply with subregulation (5) if, at the

time of making the application:

(a) the applicant has a medically significant condition that is

safety-relevant; and

(b) the condition was not specified in the applicant’s application

for the small aircraft engineer licence to which the

endorsement relates.

(5) For subregulation (4), the application must:

(a) specify the condition; and

(b) be accompanied by a report from a medical practitioner that

describes the condition.

Note 1: An application must be in the approved form, include all the

information required by these Regulations and be accompanied by

every document required by these Regulations—see

regulation 11.030.

Note 2: Part 11 deals with applications and decision making.

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66.112 Grant of endorsement

(1) Subject to regulation 11.055, CASA must grant to an applicant an

endorsement on a small aircraft engineer licence if CASA is

satisfied that:

(a) the applicant meets the requirements specified in the Part 66

Manual of Standards for the endorsement applied for; and

(b) if subregulation 66.111(4) applies to the applicant—the

applicant can safely exercise at least one of the privileges

specified in the Part 66 Manual of Standards for the

endorsement applied for; and

(c) if the application is for an endorsement that requires aircraft

type training—the applicant meets the requirements

mentioned in subregulation (2), (3) or (4).

Note: For endorsements that require aircraft type training, see the instrument

made under regulation 66.016.

Successful completion of training and assessment

(2) The requirements are that:

(a) at the time of making the application, the applicant has

evidence of the successful completion of the aircraft type

training, or an element of the aircraft type training, for the

endorsement; and

(b) within the 5 years immediately before the time of making the

application, the applicant has successfully completed:

(i) the theoretical elements of the aircraft type training for

the endorsement; and

(ii) the assessment for the training; and

(c) within the 3 years immediately before the time of making the


(i) the practical elements of the aircraft type training for the

endorsement; and

(ii) the assessment for the training.

Training, assessment and experience provided by Part 145

organisations

(3) The requirements are that:

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(a) at the time of making the application, the applicant has a

notice in relation to the endorsement, issued under the

Part 145 Manual of Standards by a Part 145 organisation; and

(b) within the 5 years immediately before the time of making the


(i) the theoretical elements of the aircraft type training for

the endorsement; and

(ii) the assessment for the training; and

(c) within the 3 years immediately before the time of making the


(i) the practical elements of the aircraft type training for the

endorsement; and

(ii) the assessment for the training.

Fully or partially equivalent foreign or Defence Force

endorsement

(4) The requirements are that, at the time of making the application,

the applicant holds, or has held:

(a) a foreign endorsement that CASA determines, under

regulation 66.113 or 66.114, is fully or partially equivalent to

the endorsement applied for; or

(b) a Defence Force aircraft authorisation that is endorsed with a

Defence Force aircraft endorsement that CASA determines,

under regulation 66.113 or 66.114, is fully or partially

equivalent to the endorsement applied for.

Note: For review of decisions about endorsements, see section 31 of the Act.

66.113 Determination of equivalence of certain endorsements and

authorisations held at time of application

(1) This regulation applies if:

(a) at the time of making an application for an endorsement (the

relevant endorsement) of a kind that requires aircraft type

training on a small aircraft engineer licence, an applicant

holds:

(i) a foreign endorsement that relates to the relevant

endorsement; or

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(ii) a Defence Force aircraft authorisation that is endorsed

with a Defence Force aircraft endorsement that relates

to the relevant endorsement; and

(b) in the 2 years immediately before making the application, the

applicant:

(i) exercised privileges under the foreign endorsement or

the authorisation for at least 6 months; or

(ii) gained at least 6 months additional practical experience.

(2) CASA must determine, in writing, whether the foreign

endorsement or the authorisation is fully or partially equivalent to

the relevant endorsement.

66.114 Determination of equivalence of certain endorsements and

authorisations held before time of application

(1) This regulation applies if:

(a) before making an application for an endorsement (the

relevant endorsement) of a kind that requires aircraft type

training on a small aircraft engineer licence, an applicant

held:

(i) a foreign endorsement that relates to the relevant

endorsement; or

(ii) a Defence Force aircraft authorisation that was endorsed

with a Defence Force aircraft endorsement that relates

to the relevant endorsement; and

(b) the applicant does not hold the foreign endorsement or the

authorisation at the time of making the application; and

(c) in the 2 years immediately before making the application, the

applicant:

(i) exercised privileges under the foreign endorsement or

the authorisation for at least 6 months; or

(ii) gained at least 6 months additional practical experience;

and

(d) CASA is satisfied that the foreign endorsement or the

authorisation was not cancelled or revoked for a reason

involving a matter mentioned in subregulation 11.055 (4).

(2) CASA must determine, in writing, whether the foreign

endorsement or the authorisation is fully or partially equivalent to

the relevant endorsement.

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66.114A Removal of condition from endorsement

(1) The holder of an endorsement that is subject to a condition under

regulation 11.056 may apply to CASA for removal of the

condition.

(2) Subject to condition 11.055, CASA must remove the condition if

CASA is satisfied, on the basis of evidence received from a

maintenance training organisation or a Part 145 organisation, that

the holder has the training and practical experience necessary for

removal of the condition.

66.114B Training, assessment and experience for removal of a

condition on an endorsement

If CASA grants an endorsement subject to a condition under

regulation 11.056, CASA must decide:

(a) whether the training and assessment that is necessary for the

removal of the condition:

(i) is of a kind that must be provided by a maintenance

training organisation; or

(ii) is of a kind that may be provided either by a Part 145

organisation or a maintenance training organisation; and

(b) whether any practical experience is necessary for the removal

of the condition.

66.114C Endorsing an endorsement on licence

If CASA grants an endorsement, CASA must endorse the

endorsement on the applicant’s licence.

37 After regulation 66.115

Insert:

66.115A Offence not to comply with licence conditions

(1) A licenced aircraft maintenance engineer commits an offence of

strict liability if he or she contravenes a provision of this Subpart

(other than regulation 66.125).

Penalty: 50 penalty units.

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(2) A licensed aircraft maintenance engineer commits an offence if:

(a) at a particular time, he or she exercises a privilege mentioned

in the Part 66 Manual of Standards for his or her aircraft

engineer licence or for a rating or endorsement endorsed on

the licence; and

(b) at that time:

(i) he or she knows that he or she has a medically

significant condition; and

(ii) the condition is safety-relevant; and

(iii) the condition was not specified in an application made

by the licensed aircraft maintenance engineer for an

aircraft engineer licence or a rating or endorsement that

he or she holds; and

(iv) the exercise of the privilege is not permitted by

subregulation (3).


(3) The exercise of a privilege is permitted if:

(a) at least 30 days have elapsed since the day the licensed

aircraft maintenance engineer first knew that he or she had

the condition; and

(b) the licensed aircraft maintenance engineer has obtained a

certificate from a medical practitioner or specialist medical

practitioner to the effect that his or her ability to exercise the

privilege is no longer reduced by the condition.


After “ratings”, insert “or endorsements”.

39 Paragraph 66.120(2)(b)

After “rating”, insert “or endorsement”.


After “B2 licence”, insert “or a small aircraft engineer licence”.



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42 Paragraph 66.120(4)(b)

After “B2 licence” insert “or a small aircraft engineer licence”.







46 After subregulation 66.135(1)

Insert:

(1A) A category B1 or B2 licence holder may perform maintenance

certification on behalf of a Part 145 organisation for maintenance

that was carried out on an aircraft that is not of a type rated aircraft

type only if the holder holds a licence that authorises that kind of

maintenance.


After “However,”, insert “for the purposes of subregulations (1) and

(1A),”.

48 Regulations 66.136 and 66.137

Repeal the regulations, substitute:

66.137 Category B1 and B2 licences—maintenance certification

other than on behalf of Part 145 organisation

Type rated aircraft type

(1) A category B1 or B2 licence holder may perform maintenance

certification other than on behalf of a Part 145 organisation for

maintenance that was carried out on an aircraft of a particular type

rated aircraft type only if:

(a) if carrying out of the maintenance requires the holder to hold

a particular licence with a particular rating—the holder’s

licence is endorsed with the rating for the aircraft type; and

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(b) the maintenance is not carried out on an aircraft system or a

subset of an aircraft system that is:

(i) excluded from the licence under regulation 66.026; or

(ii) excluded from the rating under regulation 66.095.

Aircraft not of a type rated aircraft type

(2) A category B1 or B2 licence holder may perform maintenance


maintenance that was carried out on an aircraft that is not of a type

rated aircraft type only if:

(a) the holder holds a licence for the kind of aircraft on which

the maintenance was carried out; and

(b) the maintenance is not carried out on an aircraft system or a

subset of an aircraft system that is:

(i) excluded from the licence under regulation 66.026; or

(ii) excluded from the rating under regulation 66.095.


Insert:

66.137A Small aircraft engineer licences—maintenance certification

on behalf of Part 145 organisation

A small aircraft engineer licence holder may perform maintenance

certification on behalf of a Part 145 organisation for maintenance

that was carried out on a small aircraft only if:

(a) the holder holds a licence for the kind of small aircraft on

which the maintenance was carried out; and

(b) if carrying out of the maintenance requires the holder to hold

a particular endorsement—either:

(i) the holder’s licence is endorsed with that endorsement;

or

(ii) the holder has a certification authorisation from the

organisation in relation to the maintenance, granted in

accordance with the Part 145 Manual of Standards.

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66.137B Small aircraft engineer licences—maintenance certification

other than on behalf of Part 145 organisation

A small aircraft engineer licence holder may perform maintenance


maintenance that was carried out on a small aircraft only if:



(b) if carrying out the maintenance requires the holder to hold a

particular endorsement—the holder’s licence is endorsed

with that endorsement.

50 Regulation 66.138 (after the heading)

Insert:



Before “A”, insert “(1)’.

52 Paragraph 66.138(a)

Repeal the paragraph, substitute:

(a) if carrying out of the maintenance requires the holder to hold

a particular rating—either:

(i) the holder’s licence is endorsed with the rating for the

aircraft type; or


organisation in relation to the aircraft type, granted in

accordance with the Part 145 Manual of Standards; and

53 At the end of regulation 66.138

Add:


(2) A category B1 or B2 licence holder may issue a certificate of

release to service on behalf of a Part 145 organisation for an

aircraft that is not of a type rated aircraft type in relation to

maintenance carried out on the aircraft only if the holder holds a

licence for that kind of aircraft.

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54 Regulations 66.139 and 66.139A


66.139A Category B1 and B2 licences—certificate of release to

service issued other than on behalf of Part 145

organisation



release to service, other than on behalf of a Part 145 organisation,

for an aircraft of a particular type rated aircraft type in relation to

maintenance carried out on the aircraft only if the holder’s licence

is endorsed with the rating for the aircraft type.




for an aircraft that is not of a type rated aircraft type in relation to

maintenance carried out on the aircraft only if the holder holds a

licence for that kind of aircraft.

55 After regulation 66.139A

Insert:

66.139B Small aircraft engineer licences—certificate of release to

service issued on behalf of Part 145 organisation

A small aircraft engineer licence holder may issue a certificate of

release to service on behalf of a Part 145 organisation for a small

aircraft in relation to maintenance carried out on the aircraft only

if:




a particular endorsement—either:

(i) the holder’s licence is endorsed with that endorsement;

or

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organisation in relation to the maintenance, granted in

accordance with the Part 145 Manual of Standards.

66.139C Small aircraft engineer licences—certificate of release to

service issued other than on behalf of Part 145

organisation

A small aircraft engineer licence holder may issue a certificate of


for a small aircraft in relation to maintenance carried out on the

aircraft only if:




a particular endorsement—the holder’s licence is endorsed

with that endorsement.

56 Subpart 66.E

Repeal the Subpart.





59 Paragraph 147.025(4)(c)


60 Paragraph 147.030(2)(c)


61 Part 1 of the Dictionary (definition of aircraft engineer licence)


aircraft engineer licence means:

(a) any of the following licences granted under regulation 66.025

or 66.026:

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(i) a category A licence;

(ii) a category B1 licence;

(iii) a category B2 licence;

(iv) a category C licence; or

(b) a small aircraft engineer licence.

62 Part 1 of the Dictionary

Insert:

small aircraft engineer licence means any of the following

licences granted under regulation 66.025:

(a) subcategory B1.1SAL;

(b) subcategory B1.2SAL;

(c) subcategory B1.3SAL;

(d) subcategory B1.4SAL;

(e) category B2SAL.

63 Clause 1 of Part 3 of the Dictionary (definition of aircraft type training)

Omit “a rating, means the training for the rating”, substitute “a rating or

an endorsement, means the training for the rating or endorsement”.

64 Clause 1 of Part 3 of the Dictionary (definition of category training)


category training:

(a) for a category A, B1 or B2 licence—means training in the

required units of competency for the licence; and

(b) for a small aircraft engineer licence—means training in the

required units of competency for particular endorsements on

the licence.

65 Clause 1 of Part 3 of the Dictionary

Insert:

endorsement means an authorisation granted under

regulation 66.112 to:

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(a) perform maintenance certification, under a small aircraft

engineer licence, for maintenance carried out on a particular

kind of small aircraft; or

(b) issue a certificate of release to service, under a small aircraft

engineer licence, for a small aircraft of a particular kind in

relation to maintenance carried out on the aircraft.

small aircraft engineer licence holder means an individual who

holds a small aircraft engineer licence that is in force.

66 Clause 1 of Part 3 of the Dictionary (definition of type rated aircraft type)

Omit “specified in the Part 66 Manual of Standards”, insert “prescribed

by the instrument made under regulation 66.016”.

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Other amendments Part 2


Part 2—Other amendments

Civil Aviation (Fees) Regulations 1995

67 Schedule 1 (items 2.4 and 2.4A)

Repeal the items.

68 Schedule 1 (item 2.9A, column headed “Service”)

Omit “a category airframes Group 20 rating, or”.

69 Schedule 1 (items 2.18 to 2.25)

Repeal the items.

70 Schedule 1 (items 2.37, 2.38 and 2.39, column headed “Service”)

After “more ratings”, insert “or endorsements”.

71 Schedule 1 (item 2.42)

Omit “regulations 202.341, 202.342, 202.343, 202.345 and”, substitute

“regulation”.

72 Schedule 1 (cell at item 2.45, column headed “Service”)

Repeal the cell, substitute:

Approval as a MTO.

Civil Aviation Regulations 1988

73 At the end of subparagraph 30(2)(a)(i)

Add “, including any training or assessment in the maintenance of

aircraft, aircraft components or aircraft materials that the applicant

intends to conduct”.

74 After paragraph 30(2C)(c)

Insert:

(ca) if the certificate covers training or assessment in the

maintenance of aircraft, aircraft components or aircraft

materials—a condition that the holder of the certificate must

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Part 2 Other amendments


comply with the requirements (if any) prescribed by

legislative instrument issued by CASA under

regulation 30AA that apply to the holder; and

75 After regulation 30

Insert:

30AA Provision of training and assessment in maintenance of

aircraft etc.

For subsection 98(5A) of the Act, CASA may issue a legislative

instrument prescribing requirements for the provision of training

and assessment in the maintenance of aircraft, aircraft components

or aircraft materials by holders of certificates of approval under

regulation 30.

76 Paragraph 42ZC(4)(d)

Repeal the paragraph, substitute:

(d) the following requirements are satisfied:

(i) the person is the holder of a pilot licence that is valid for

the aircraft;

(ii) the maintenance is specified in Part 1 of Schedule 8;

(iii) the maintenance is carried out in accordance with any

conditions prescribed by legislative instrument issued

by CASA for the purposes of this subparagraph; or

(da) the following requirements are satisfied:

(i) the person is a category B1 licence holder or a category

B2 licence holder;





(db) for an aircraft that is a balloon—the following requirements

are satisfied:

(i) the person is the holder of a commercial pilot (balloon)

licence or a private pilot certificate (balloons) that is

valid for the balloon;


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(dc) the following requirements are satisfied:

(i) the aircraft is of a type that has been manufactured in

accordance with the requirements of, and accepted for

use by, an armed force;

(ii) the maintenance is carried out under the supervision of a

person who holds an airworthiness authority covering

the maintenance; or

(dd) the following requirements are satisfied:

(i) the aircraft is an amateur-built aircraft, kit-built aircraft

or a light sport aircraft;

(ii) the person is included in a class of persons prescribed

by legislative instrument issued by CASA for the

purposes of this subparagraph;




77 Schedule 8 (heading)

Repeal the heading (not including the note), substitute:

Schedule 8—Maintenance that may be

carried out on a Class B aircraft by a

person entitled to do so under

subregulation 42ZC(4)

78 Before clause 1 of Schedule 8

Insert:

Part 1—Maintenance on Class B aircraft other

than balloons

79 At the end of Schedule 8

Add:

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23. Connection and disconnection of optional dual control in an

aircraft without the use of any tools for the purpose of transitioning

the aircraft from single to dual, or dual to single, pilot operation.

24. Inspections or checks set out in the following documents in

circumstances where the document clearly states that the

maintenance may be carried out by the pilot of the aircraft and the

maintenance does not require the use of any tools or equipment:

(a) the aircraft’s approved maintenance data;

(b) the aircraft’s flight manual or an equivalent document;

(c) any instructions issued by the NAA that approved the type

certificate for the aircraft.

25. The maintenance identified as item (1) of the Required Action and

Compliance Time specified in EASA Emergency Airworthiness

Directive, AD No. 2012-0257-E, dated 5 December 2012.

26. For an aircraft that is installed with an oxygen system for the

exclusive use of ill or injured persons on an aircraft sued to

perform ambulance functions—replenishing the oxygen system

installed on the aircraft.

Part 2—Maintenance on balloons

1. The following maintenance on the balloon’s envelope:

(a) replacing envelope temperature flags (but not including

replacing temperature telltale tags);

(b) removing or installing envelope temperature probes;

(c) adhesive patch repairs on envelope fabric in accordance with

the manufacturer’s directions for such repairs;

(d) minor sewn fabric repairs below the first horizontal load tape

as permitted by the manufacturer’s maintenance manual;

(e) adjusting, replacing or repairing control lines other than

deflation lines;

(f) removing or installing karabiners;

(g) removing or installing crown line;

(h) removing or installing scoops and skirts.

2. The following maintenance on the balloon’s basket:

(a) interchanging or replacing basket in accordance with balloon

operating handbook or other acceptable data;

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(b) minor repairs to basket trim materials;

(c) re-varnishing or re-oiling basket wicker;

(d) removing or installing fire extinguishers;

(e) removing or installing burner poles;

(f) removing or installing handling line and container;

(g) removing or installing storage pouches.

3. The following maintenance on the balloon’s fuel cylinders:

(a) replacing or lubricating fuel cylinder tank inlet or outlet

o-rings;

(b) removing or replacing fuel cylinder straps;

(c) replacing fuel cylinder contents gauge glasses held in by

screws (but not including replacing the whole contents gauge

assembly);

(d) repairing or installing cylinder jackets;

(e) removing or installing heater pads;

(f) interchanging or replacing fuel cylinder if the cylinder is

designated as interchangeable in balloon operating handbook

or other acceptable data;

(g) adjusting LPG vapour regulators if the adjustment does not

involve disassembly of regulator.

4. The following maintenance on the balloon’s burner systems:

(a) cleaning liquid pilot light regulators;

(b) cleaning or replacing seals in hose couplings;

(c) removing, cleaning or installing pilot light or burner jets,

including filters;

(d) tightening burner parts, including heat shields;

(e) lubricating (not requiring disassembly other than removing

lubrication port blanks);

(f) removing, replacing or adjusting piezo igniter system;

(g) adjusting liquid fire (whisper) or pilot light values;

(h) removing or installing burner in accordance with balloon

operating handbook or other acceptable data.

5. The following maintenance on the balloon’s burner frame:

(a) removing or installing burner frame heat shields;

(b) adjusting burner gimbal friction.

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6. The following maintenance on the balloon’s instruments and radio:

(a) replacing batteries;

(b) changing instrument packs;

(c) removing or installing radio if:

(i) no disturbance is required to the balloon’s instruments

or electrical wiring; and

(ii) there is no need to disassemble a primary structure of

the balloon.

7. The following maintenance on the balloon’s other equipment:

(a) removing or replacing other equipment if:

(i) no modifications are required to the balloon’s

instruments or electrical wiring; and

(ii) there is no need to disassemble a primary structure of

the balloon;

(b) removing, replacing or adjusting non-structural standard

fasteners incidental to operations.

Civil Aviation Safety Regulations 1998

80 Subregulation 201.004(2) (table 201.004, item 26)

Omit “202.343 or”.

81 Subregulation 201.004(2) (table 201.004, item 27)

Repeal the item.

82 Subpart 202.CG of Part 202 (heading)


Subpart 202.CG—Transitional provisions for

Part 66 (Continuing airworthiness—

aircraft engineer licences, ratings and

endorsements)

83 Regulation 202.340 (definition of CAO 100.66 maintenance authority)

Repeal the definition.

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84 Regulations 202.341 to 202.343

Repeal the regulations.

85 Regulation 202.344 (heading)


202.344 Applications for aircraft maintenance engineer licences

made before 26 June 2015

86 Subregulations 202.344(5) and (6)

Repeal the subregulations, substitute:

(5) This regulation is repealed on 26 June 2015.

(6) Despite subregulation (5), if an application had been made to

CASA under this regulation before 26 June 2015 but had not been

finally determined, this regulation continues to apply to the

application as if the regulation had not been repealed.


Insert:

202.344A Applications for aircraft maintenance engineer licences

made on or after 1 June 2015

(1) Despite the repeal of regulation 31 of CAR, a qualified person may

make an application under that regulation for an aircraft

maintenance engineer licence with a rating referred to in

regulation 31B of CAR.

(2) The rating applied for must be one of the following:

(a) for a licence in category airframes—Groups 1 to 6, Group 10

or Group 19 (but only if the airframe is not a type rated

aircraft type);

(b) for a licence in category engines—Groups 1 to 3, Group 21

(but only if the engine is fitted to a small aircraft) or Group

22 (but only if the engine is fitted to a small aircraft);

(c) for a licence in category radio—Groups 1 to 7, Group 9,

Group 10 or Group 12;

(d) for a licence in category electrical—Group 1 or Group 2;

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(e) for a licence in category instruments—Group 1, Group 3,

Group 5, Group 7 or Groups 8 to 10.

(3) CASA must determine:

(a) whether, under regulation 31 of CAR as in force immediately

before 27 June 2011, CASA would have issued an aircraft

maintenance engineer licence to the person; and

(b) whether, under regulation 31C of CAR as in force

immediately before 27 June 2011, CASA would have

endorsed the licence with the rating applied for.

(4) For a determination under subregulation (3), the Civil Aviation

Orders in force under subregulation (5) when the application is

made (if any) apply in relation to paragraphs 31(4)(c) and (e), and

regulations 31A, 31B and 31C, of CAR, as in force immediately

before 27 June 2011.

(5) CASA may make Civil Aviation Orders dealing with the matters

mentioned in paragraphs 31(4)(b), (c) and (e), and regulations 31A,

31B and 31C, of CAR, as in force immediately before 27 June

2011.

(6) Subregulations (7), (8) and (9) apply if CASA determines that

CASA would have issued an aircraft maintenance engineer licence

to the person.

(7) The person is taken to have applied for an aircraft engineer licence

of each category or subcategory that relates to a kind of aircraft,

and a kind of maintenance, that would have been covered by the

aircraft maintenance engineer licence and to meet the requirements

mentioned in regulation 66.025.

(8) The person is taken to have applied for an endorsement for each

kind of aircraft that would have been covered by the aircraft

maintenance engineer licence and to meet the requirements

mentioned in regulation 66.112.

(9) If CASA determines that CASA would not have issued an aircraft

maintenance engineer licence to the person, CASA must give the

person notice in writing of:

(a) the determination; and

(b) the reasons for the determination.

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(11) Despite subregulation (10), if an application had been made to

CASA under this regulation before 2 June 2019 but had not been

finally determined, this regulation continues to apply to the

application as if the regulation had not been repealed.


Repeal the regulation, substitute:

202.345 CAR 31 examinations

(1) This regulation applies to a person who:

(a) applies, under Part 66, for an aircraft engineer licence; and

(b) had passed the examinations mentioned in paragraph 31(4)(e)

of CAR (as in force immediately before 27 June 2011) at any

time during the period of 8 years immediately before the

application is made.

(2) The person may provide the examination results to a maintenance

training organisation for the purposes of demonstrating a unit of

competency required for an aircraft engineer licence.

89 Paragraph 202.345A(1)(a)

Omit all the words after “subregulation”, substitute “202.344(3A) (as in

force immediately before 1 June 2015); and”.

90 Subregulations 202.345A(5) and (6)

Repeal the subregulations, substitute:


91 Regulations 202.345B and 202.345C


202.345B Application for endorsement on small aircraft engineer

licence granted on basis of transitional provisions

(1) This regulation applies to the holder of a small aircraft engineer

licence if:

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(a) the licence was granted on the basis of

subregulation 202.344A(7); and

(b) the holder applies for an endorsement on the licence under

regulation 66.111.

(2) If the holder meets the requirements of the CAR provisions for the

rating (within the meaning of 31B of CAR) applied for, the holder

is taken to meet the requirements mentioned in regulation 66.112.

(3) The Civil Aviation Orders in force under

subregulation 202.344A(5) when the application is made (if any)

apply in relation to the CAR provisions.

(4) In this regulation:

CAR provisions means paragraphs 31(4)(b), (c) and (e) of CAR, as

in force immediately before 27 June 2011.


92 Regulations 202.346, 202.347 and 202.348


202.346 Having regard to other airworthiness authorities in

granting aircraft engineer licences

If:

(a) a person mentioned in regulation 202.344 or 202.344A holds,

or has held, an airworthiness authority of the kind mentioned

in paragraph 33B(1)(a) of CAR; and

(b) CASA grants an aircraft engineer licence to the person;

CASA must have regard to the authority in granting the licence.

202.347 Category A licence holders—additional rules for

maintenance certification

(1) Despite subregulation 66.155, a person may perform maintenance

certification if:

(a) the person is a category A licence holder; and

(b) the maintenance is mentioned in Appendix II to the Part 145

Manual of Standards; and

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(c) the maintenance is not carried out on an aircraft system or a

subset of an aircraft system that is excluded from the

person’s licence under regulation 66.026; and

(d) he or she performs maintenance certification on behalf of a

holder of a certificate of approval under regulation 30 of

CAR.

(2) If a person performs maintenance certification in accordance with

subregulation (1), the person is taken, for the purposes of

regulation 42ZC of CAR, to be permitted by that regulation to

carry out the maintenance.

(3) A person commits an offence of strict liability if:


(b) the person performs maintenance certification on behalf of a

holder of a certificate of approval under regulation 30 of

CAR; and

(c) one or more of the following apply:

(i) the person did not carry out the maintenance;

(ii) the maintenance is not mentioned in Appendix II to the

Part 145 Manual of Standards;

(iii) the maintenance is carried out on an aircraft system or a

subset of an aircraft system that is excluded from the

person’s licence under regulation 66.026.


(4) A reference in subregulation (3) to maintenance does not include

supervision of maintenance.

202.348 Category A licence holders—additional rules for certificates

of release to service

(1) Despite subregulation 66.160, a person may issue a certificate of

release to service for an aircraft in relation to maintenance carried

out on the aircraft if:


(b) the maintenance is mentioned in Appendix II to the Part 145

Manual of Standards; and

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(c) he or she issues the certificate of release to service on behalf

of a holder of a certificate of approval under regulation 30 of

CAR.

(2) If a person issues a certificate of release to service in accordance

with subregulation (1), the person is taken, for the purposes of

regulation 42ZC of CAR, to be permitted by that regulation to

carry out the maintenance.

(3) A person commits an offence of strict liability if:


(b) the person issues a certificate of release to service on behalf

of the holder of a certificate of approval under regulation 30

of CAR; and

(c) the maintenance is not mentioned in Appendix II to the

Part 145 Manual of Standards.


(4) A reference in subregulation (3) to maintenance does not include

supervision of maintenance.

202.349 Transitional provision—Part 66 Manual of Standards

(1) This regulation applies to the Part 66 Manual of Standards that was

in force under regulation 66.015 immediately before 1 June 2015.

(2) The Part 66 Manual of Standards has effect, after that date, as if it

had been made under regulation 66.015 as amended by the Civil

Aviation Legislation Amendment (Part 66) Regulation 2015.

Civil Aviation Legislation Amendment (Part 66) Regulation · PDF fileExposure draft Exposure draft Civil Aviation Legislation Amendment (Part 66) Regulation 2015 Select Legislative

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