Instrument number CASA EX52/23
I, daniel bernard o’hagan, Manager, Legislative Drafting, a delegate of CASA, make this instrument under regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998.
[Signed D.B. O’Hagan]
Danny O’Hagan
Manager, Legislative Drafting
26 April 2023
CASA EX52/23 – CRS and SM CRS Document to Cover Specialist Maintenance by a Class D AMO – Instrument 2023
1 Name
This instrument is CASA EX52/23 – CRS and SM CRS Document to Cover Specialist Maintenance by a Class D AMO – Instrument 2023.
2 Commencement
This instrument:
(a) commences on 1 May 2023; and
(b) is repealed at the end of 30 April 2026.
3 Definitions
In this instrument, words and phrases have the same meaning as in CASR.
This instrument applies to:
(a) a Category A rated approved maintenance organisation (a CAT A AMO) for whom a Category D1 or D2 rated AMO (a CAT D1 or D2 AMO) (as appropriate) has carried out specialist maintenance; and
(b) the CAT D1 or D2 AMO mentioned in paragraph (a).
5 Exemption — Category A rated AMO
(1) A CAT A AMO is exempted from the requirements of the provisions mentioned in subsection (2) but only to the extent that the CAT A AMO’s certificate of release to service (CRS) for an aircraft in relation to line or base maintenance on the aircraft:
(a) may be taken to cover any specialist maintenance, in the form of non‑destructive testing or welding, carried out by a CAT D1 or D2 AMO that has issued a specialist maintenance certificate of release to service document (an SM CRS document) to the CAT A AMO for that specialist maintenance; and
(b) may be issued although it may not be a CRS in accordance with regulation 42.760 of CASR only because of its reliance on the SM CRS document.
(2) For subsection (1), the provisions are the following:
(a) subregulations 42.725(1) and (2) of CASR;
(b) regulation 42.730 of CASR;
(c) paragraph 42.745(a) of CASR — but only in relation to paragraph 42.760(1)(c) in respect of the employees of the CAT D1 or D2 AMO who carried out the specialist maintenance;
(d) paragraph 42.760(1)(c) — but only in respect of the employees of the CAT D1 or D2 AMO who carried out the specialist maintenance;
(e) paragraph 145.030(1)(a), subparagraph 145.045(a)(v) and paragraph 145.070(1)(e) of CASR to the extent that they require compliance with subparagraph 145.A.55(c)1 of the Part 145 Manual of Standards (MOS), but only in respect of aircraft maintenance records to which subsection 7(2) applies.
6 Exemption — Category D1 or D2 rated AMO
(1) A CAT D1 or D2 AMO is exempted from the requirements of the provisions mentioned in subsection (2), but only to the extent that, in accordance with this instrument, the CAT D1 or D2 AMO issues a CAT A AMO with an SM CRS document in relation to the specialist maintenance mentioned in paragraph 5(1)(a).
(2) For subsection (1), the provisions are the following:
(a) subregulations 42.725(1) and (2);
(b) paragraph 145.030(1)(a), subparagraph 145.045(a)(v) and paragraph 145.070(1)(e) of CASR to the extent that they require compliance with paragraph 145.A.50(a) of the Part 145 MOS.
7 Direction
(1) This direction applies to:
(a) a CAT A AMO which issues a CRS in reliance on an SM CRS document given under this instrument; and
(b) a CAT D1 or D2 AMO which carries out specialist maintenance for a CAT A AMO mentioned in paragraph (a).
(2) I direct that each AMO mentioned in paragraph (1)(a) or (b) must retain a copy of any document it issues, gives, or receives under this instrument for a period of at least 24 months after the creation of the document.
Note 1 The documents include the relevant contract, SM CRS documents, specialist maintenance records and Adverse Matters Reports.
Note 2 A CRS issued in compliance with this instrument is subject to the retention requirements in subparagraph 145.A.55(c)2 of the MOS.
(3) I direct that each AMO mentioned in paragraph (1)(a) or (b) must retain, for a period of at least 12 months after expiry or termination of the contract mentioned in clause 2 of Schedule 1, a copy of:
(a) its approved procedures mentioned in clause 8 of Schedule 1; and
(b) the other party’s approved procedures mentioned in paragraph 10(d) of Schedule 1.
8 Conditions
The exemptions under sections 5 and 6 are subject to the conditions set out in Schedule 1.
9 Savings relating to CASA EX60/20
(1) An approval under CASA EX60/20 – CRS and SM CRS Document to Cover Specialist Maintenance by a Class D AMO – Instrument 2020 (CASA EX60/20) that was in force immediately before the commencement of this instrument is taken to be the corresponding approval under this instrument.
(2) Unless a contrary intention appears, a reference in a document that was in force immediately before the commencement of this instrument to CASA EX60/20 is taken to be a reference to this instrument.
Example A reference in an AMO’s exposition or a CASA publication to CASA EX60/20 is taken, from the commencement of this instrument, to be a reference to this instrument, unless a contrary intention appears.
Schedule 1 — Conditions
1 A CAT A AMO and a CAT D1 or D2 AMO must each be approved in writing by CASA for the purposes of this instrument.
Note For the purposes of this instrument, it is unlikely that the requirements of aviation safety, including for effective coordination and control of relevant maintenance activities, could be achieved by a CAT D1 or D2 AMO without a permanent facility. See the CASA acceptable means of compliance, explanatory materials, and related guidance about this instrument published on the CASA website.
2 Subject to clause 10, there must be a written contract between the CAT A AMO that is carrying out the line or base maintenance, and the CAT D1 or D2 AMO, with respect to the specific specialist maintenance that the CAT D1 or D2 AMO is expected to deliver as part of that line or base maintenance.
3 On completion of the specialist maintenance, the CAT D1 or D2 AMO must make a specialist maintenance record which records the following:
(a) the registration mark of the aircraft on which the specialist maintenance was carried out;
(b) the date and time when the specialist maintenance was completed;
(c) a detailed description of the specialist maintenance carried out, including reference to, for example, relevant work orders, contractual arrangements and invoices;
(d) the part numbers and serial numbers for any parts installed on the aircraft in the course of the specialist maintenance;
(e) information which identifies the maintenance data for the specialist maintenance;
(f) the results of the specialist maintenance, the aircraft’s consequential status, and any other related airworthiness information that would indicate a risk to aviation safety;
(g) information which identifies, and allows the tracing of, specialist or significant equipment or tooling used for the specialist maintenance;
(h) the identity of each certifying employee responsible for the specialist maintenance, including the person’s name, certification authorisation number and signature;
(i) the identity of the CAT D1 or D2 AMO under whose CASA approval rating the specialist maintenance was completed, including the approval certificate reference number;
(j) whether the specialist maintenance has all been completed in accordance with the relevant maintenance data;
Note Maintenance data has the same meaning as in clause 15 in Part 3 of the CASR Dictionary.
(i) whether the CAT A AMO’s work order for the specialist maintenance included prescribed limitations, arising from any of the following:
(A) the aircraft’s instructions for continuing airworthiness for the specialist maintenance;
(B) the CAT A AMO’s instructions;
(ii) if so, what the prescribed limitations were;
Note Instructions for continuing airworthiness has the same meaning as in clause 10 in Part 3 of the CASR Dictionary.
(l) any known defects or non-conformances in relation to the specialist maintenance (whether or not they are within the prescribed limitations);
(m) a statement that identifies the document as a specialist maintenance record for the purposes of this instrument.
4 A relevant CRS issued by the CAT A AMO must comply with regulation 42.760 (other than paragraph 42.760(1)(c)).
5 A relevant SM CRS document issued by the CAT D1 or D2 AMO must comply with the following provisions of CASR as if the provisions applied to the AMO:
(a) regulation 42.745;
(b) subregulation 42.760(1) only.
6 The CAT D1 or D2 AMO must comply with subregulation 42.750(1) of CASR:
(a) as if it applied to the AMO; and
(b) as if the reference to a CRS was a reference to an SM CRS document.
7 An SM CRS document must be:
(a) in an approved form as contained in the exposition of the CAT D1 or D2 AMO; or
(b) in another form:
(i) as contained in the exposition of the CAT D1 or D2 AMO; and
(ii) approved in writing by CASA; and
(iii) treated in the same way, and subject to the same requirements, as an approved form.
8 The CAT A AMO and the CAT D1 or D2 AMO must have written procedures, approved in writing by CASA, to ensure that:
(a) the conditions set out in this Schedule are complied with; and
(b) there is proper coordination and control of all maintenance activities whose certification will rely on this instrument.
9 On completion of the specialist maintenance, if and only if:
(a) the specialist maintenance has all been completed in accordance with the maintenance data; and
(b) if there are any known defects or non-conformances in relation to the specialist maintenance — the known defects or non-conformances are within all of the prescribed limitations (if any); and
(c) there is no airworthiness information about the aircraft’s status and the specialist maintenance results, arising from or during the course of the specialist maintenance, which would indicate a risk to aviation safety;
then the CAT D1 or D2 AMO must issue the CAT A AMO with a document that:
(d) is an SM CRS document, whether it is so called, or is identified as a CRS for specialist maintenance issued under this exemption, or is given some other similar name or description; and
(e) includes the specialist maintenance record made under clause 3; and
(f) is signed by each person mentioned in paragraph 3(h).
10 The written contract referred to in clause 2 must specify:
(a) that the specialist maintenance must be carried out in accordance with:
(i) the relevant maintenance data for the aircraft; and
(ii) any prescribed limitations; and
(b) that only a document that fully complies with the requirements of this instrument constitutes an SM CRS document; and
(c) that if an SM CRS document cannot be issued because of any of the following (adverse matters):
(i) the specialist maintenance has not all been completed in accordance with the maintenance data;
(ii) there are known defects or non-conformances in relation to the specialist maintenance that are outside the prescribed limitations;
(iii) there is airworthiness information about the aircraft’s status and the specialist maintenance results, arising from or during the course of the specialist maintenance, which would indicate a risk to aviation safety;
then the CAT D1 or D2 AMO must, as soon as practicable, give the CAT A AMO a detailed report (an Adverse Matters Report) identifying and explaining the relevant adverse matters and including all of the information recorded in the specialist maintenance record; and
(d) the CAT D1 or D2 AMO, and the CAT A AMO, must each provide the other with a copy of its approved procedures mentioned in clause 8.