I, john francis mcCORMICK, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 30 (3) of the Civil Aviation Regulations 1988.

[Signed John F. McCormick]

John F. McCormick
Director of Aviation Safety

29 March 2012

Civil Aviation Order 104.0 Amendment Instrument 2012 (No. 1)

1 Name of instrument

 This instrument is the Civil Aviation Order 104.0 Amendment Instrument 2012 (No. 1).

2 Commencement

 This instrument commences on the day after registration.

3 Amendment of Civil Aviation Order 104.0

 Schedule 1 amends Civil Aviation Order 104.0.

Schedule 1 Amendments

[1] Before subsection 1

insert

1A Name of instrument

 1A.1This instrument is the Civil Aviation Order 104.0 (Certificates of approval — application, grant and conditions).

[2] Paragraph 1.1

after

seeking

insert

or holding

[3] Paragraph 2.1, Definitions

insert

ATA, followed by a number, is a code to indicate that the scope of an excluded system is the same as that described in the same code used in the publications of the Air Transport Association.

CAR 1988 means the Civil Aviation Regulations 1988.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

category B1 licence holder has the same meaning as in subregulation 66.010 (1) of CASR 1998.

category B2 licence holder has the same meaning as in subregulation 66.010 (1) of CASR 1998.

COA holder means a person who holds a certificate of approval under regulation 30 of CAR 1988 for maintenance of aircraft, aircraft components or aircraft materials.

E, followed by a number, is a CASA code used to identify the excluded system and is for reference only.

excluded system means an excluded system mentioned in Appendix 1.

excluded system employee means an employee of a COA holder who is a category B1 licence holder, or a category B2 licence holder, but whose licence does not permit maintenance on an excluded system mentioned in Appendix 1.

excluded type means a type of aircraft or aircraft engine mentioned in Appendix 2.

excluded type employee means an employee of a COA holder who is a category B1 licence holder, or a category B2 licence holder, but whose licence is not endorsed with a rating or part of a rating for maintenance on an aircraft or an aircraft engine mentioned in Appendix 2.

[4] Paragraph 3.3 (including the Note)

omit

[5] Paragraph 3.4

omit

[6] After subsection 4

insert

5                     Excluded system employees — conditions for COA training and assessment

 5.1A COA holder may issue a certification authorisation to an excluded system employee (the employee) for carrying out maintenance on an excluded system mentioned in Appendix 1 in accordance with this subsection.

 5.2A certification authorisation may only be issued once for the employee, and only for a period of 6 months.

 5.3Before issuing the certification authorisation, the COA holder must provide, and the employee must successfully complete, training and assessment in the excluded system.

 5.4The training and assessment mentioned in paragraph 5.3 must be in accordance with the COA holder’s quality control manual, as approved in writing by CASA for training and assessment in the excluded system.

 5.5Before commencing the training and assessment mentioned in paragraph 5.3, the COA holder must be, in respect of maintenance on the excluded system to be performed by the employee:

(a) a CASA delegate for subregulation 42ZC (6) of CAR 1988, who may authorise a person for the purposes of paragraph 42ZC (3) (d) or 42ZC (4) (e) (as the case requires); or

(b) an authorised person for subregulation 42ZC (7), who may authorise a person for the purposes of paragraph 42ZC (3) (d).

 5.6 The COA holder must give a notice of completion of training and assessment (in the approved form) to the employee and to CASA as soon as the employee has done the following:

(a) successfully completed the training and assessment in the excluded system; and

(b) provided maintenance services that include the performing of maintenance certification or the issuing of certificates of release to service for maintenance under his or her certification authorisation, for a period of 6 months after commencement of the authorisation.

Note   Receipt of the notice will enable CASA to consider removal of the relevant exclusion from the employee’s rating.

6                     Excluded type employees — conditions for COA training and assessment

 6.1A COA holder may issue a certification authorisation to an excluded type employee (the employee) for carrying out maintenance on an excluded type of aircraft or aircraft engine mentioned in Appendix 2, in accordance with this subsection.

 6.2However, a COA holder must not issue a certification authorisation mentioned in paragraph 6.1 for any aircraft engine mentioned in Appendix 2 whose reference is annotated with the words “MTO or CAR 327 only”.

Note   Annotated powerplants (engines) require CASA approved type training which may only be delivered by a CASR Part 147 maintenance training organisation (MTO), or by a COA holder to whom regulation 327 of CAR 1988 applies.

 6.3 A certification authorisation may only be issued once for the employee, and only for a period of 6 months.

 6.4 Before issuing the certification authorisation, the COA holder must provide, and the employee must successfully complete, training and assessment in the excluded type.

 6.5 The training and assessment mentioned in paragraph 6.3 must be in accordance with the COA holder’s quality control manual, as approved in writing by CASA for training and assessment in the excluded type.

 6.6 Before commencing the training and assessment mentioned in paragraph 6.3, the COA holder must be, in respect of maintenance on the excluded type to be performed by the employee:

(a) a CASA delegate for subregulation 42ZC (6) of CAR 1988, who may authorise a person for the purposes of paragraph 42ZC (3) (d) or 42ZC (4) (e) (as the case requires); or

(b) an authorised person for subregulation 42ZC (7), who may authorise a person for the purposes of paragraph 42ZC (3) (d).

 6.7 The COA holder must give a notice of completion of training and assessment (in the approved form) to the employee and to CASA as soon as the employee has done the following:

(a) successfully completed the training and assessment in the excluded type; and

(b) provided maintenance services that include the performing of maintenance certification or the issuing of certificates of release to service for maintenance under his or her certification authorisation, for a period of 6 months after commencement of the authorisation.

Note   Receipt of the notice will enable CASA to consider removal of the relevant exclusion from the employee’s rating or issuing a relevant rating.

7                     Excluded type employees — manufacturer’s training and assessment

 7.1A COA holder may issue a certification authorisation to an excluded type employee (the employee) for carrying out maintenance on an excluded type of aircraft or aircraft engine mentioned in Appendix 2 in accordance with this subsection.

 7.2However, a COA holder must not issue a certification authorisation mentioned in paragraph 7.1 for any aircraft engine mentioned in Appendix 2 whose reference is annotated with the words “MTO or CAR 327 only”.

Note   Annotated powerplants (engines) require CASA approved type training which may only be delivered by a CASR Part 147 MTO, or by a COA holder to whom regulation 327 of CAR 1988 applies.

 7.3 A certification authorisation for the employee may only be issued once, and only for a period of 6 months.

 7.4 Before issuing the certification authorisation, the COA holder must be satisfied that the employee has been successfully trained and assessed by the manufacturer of the aircraft or the aircraft engine to perform maintenance on the aircraft or the aircraft engine.

 7.5 The manufacturer’s training and assessment mentioned in paragraph 7.4, and any additional or supplemental training and assessment by the COA holder, must be in accordance with the COA holder’s quality control manual as approved in writing by CASA for training and assessment under this subsection.

 7.6 Before permitting the employee to commence manufacturer’s training and assessment mentioned in paragraph 7.4, the COA holder must be, in respect of maintenance on the excluded type to be performed by the employee:

(a) a CASA delegate for subregulation 42ZC (6) of CAR 1988, who may authorise a person for the purposes of paragraph 42ZC (3) (d) or 42ZC (4) (e) (as the case requires); or

(b) an authorised person for subregulation 42ZC (7), who may authorise a person for the purposes of paragraph 42ZC (3) (d).

 7.7 The COA holder must give a notice of completion of training and assessment (in the approved form) to the employee and to CASA as soon as the employee has done the following:

(a) successfully completed the manufacturer’s training and assessment; and

(b) provided maintenance services that include the performing of maintenance certification or the issuing of certificates of release to service for maintenance under his or her certification authorisation, for a period of 6 months after commencement of the authorisation.

Note   Receipt of the notice will enable CASA to consider removal of the relevant exclusion from the employee’s rating or issuing a relevant rating.

[7] Appendix I

substitute

Appendix 1 Excluded systems

Note   Excluded systems are sometimes described with the prefix “Excluded”.

E6 Avionic LRUs

E11 Audio CVR systems

E12 Propellers

E13 Hydraulics — ATA29

E14 Vapour cycle air-conditioning aspects of ATA21

E15 Air-conditioning aspects of ATA21

E16 Pressurisation aspects of ATA21

E18 ADF systems

E19 VOR systems

E20 ILS systems

E21 Weather radar systems

E22 ATC transponder systems

E23 Radio altimeter systems

E24 DME systems

E25 Doppler systems

E26 Satellite navigation systems

E27 Autopilots

E28 Multi-axis autopilots

E29 Remote indicating compass systems

E30 Inertial navigation and reference systems

E31 Pressurisation systems

E32 Electrical systems in aircraft equipped with multi-generator powered systems

E33 Supercharging

E34 Digital systems

E35 Pressurised structures

E36 Carburettor systems

E37 Fuel injection systems

E38 Turbo supercharging systems

E39 Airframe ice protection systems

E40 Airframe fire protection systems

E41 Oxygen systems

E42 Landing gear retraction systems

E43 Fabric other than flight controls

E44 Wiring repairs

[8] Appendix II

substitute

Appendix 2 Excluded types