Civil Aviation Order 104.0 Amendment Order 2015 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2015L00065

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I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 30 (3) of the Civil Aviation Regulations 1988.
[Signed M. Skidmore]
Mark Skidmore AM
Director of Aviation Safety
16 January 2015
Civil Aviation Order 104.0 Amendment Order 2015 (No. 1)
1          Name of instrument
                 This instrument is the Civil Aviation Order 104.0 Amendment Order 2015 (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]        Paragraph 2.1, Note after subparagraph (a) of definition of authority or type rating holder
substitute
Note   The abbreviation WHR is used to denote a class of aircraft comprising Warbird aircraft, Historic aircraft and Replica aircraft and is defined in this section.
 [2]       Paragraph 2.1, subparagraph (e) of definition of authority or type rating holder
omit
WHR.
insert
WHR;
[3]        Paragraph 2.1, definition of authority or type rating holder
after
the note to paragraph (e)
insert
(f)    a category B1 or B2 licence under which the holder carries out Part 1 WHR maintenance in accordance with paragraph 8AA.5.
[4]        Paragraph 2.1, definition of excluded type
omit
Appendix 2
insert
Table 2 of Appendix IX of the Part 66 MOS
[5]        Paragraph 2.1, definition of excluded type employee
omit
Appendix 2
insert
Table 2 of Appendix IX of the Part 66 MOS
[6]        Paragraph 2.1
insert
maintenance training organisation or MTO means a person who holds an approval under regulation 147.030 that is in force.
Part 66 MOS means the Part 66 Manual of Standards issued by CASA under regulation 66.015.
wood and fabric employee means an employee of a COA holder who is a category B1 licence holder, or a category B2 licence holder, engaged in the maintenance of wooden construction aircraft or wooden aircraft components, or the maintenance, replacement and repair of aircraft fabric surfaces, but who is not the holder of an authorisation or rating issued to him or her that applies to that work.
[7]        Paragraph 2.1, definition of unlisted WHR
substitute
unlisted turbine-powered WHR means a turbine-powered WHR that is:
(a)       not mentioned in Part 1 or 2 of the table in Appendix 3; or
(b)   deemed by paragraph 8.13 to be an unlisted turbine-powered WHR.
[8]        Paragraph 4.1
omit everything from and including
issue
insert
carry out maintenance under regulation 42ZC or 42ZD of the Civil Aviation Regulations 1988.
[9]        Paragraphs 4.2 to 4.4 (inclusive)
omit
[10]     Paragraph 5.5 
omit
commencing the training and assessment mentioned in paragraph 5.3
insert
issuing a certification authorisation to an excluded system employee
[11]     Paragraph 5.6 (excluding the Note)
substitute
       5.6     If it appears to a COA holder that an employee has, after successfully completing the training and assessment in the excluded system, in accordance with paragraphs 5.3 and 5.4, successfully carried out maintenance under a certification authorisation issued under paragraph 5.1, the COA holder may, after at least 5 months of the authorisation period have elapsed, provide CASA and the employee with a provisional notice in the approved form of satisfactory completion of training and assessment.
       5.7     If, not earlier than 3 days before the authorisation period lapses, the COA holder wishes to confirm that the employee has satisfactorily completed their training and assessment, the COA holder must provide CASA and the employee with a confirmation notice in the approved form of satisfactory completion of training.
       5.8     A notice referred to in clause 5.7 may be provided by electronic transmission to an address provided by CASA for that purpose.
       5.9     An authorisation period of 6 months cannot be extended.
     5.10     The purpose of paragraphs 5.6 to 5.8 (inclusive) is to allow CASA to update an employee’s licence to allow him or her to commence carrying out maintenance as soon as practicable after the completion of the 6 month duration of the authorisation issued under paragraph 5.1. Issue of a provisional notice does not mean that a person to whom it is issued is entitled to a confirmation notice of successful completion.
 [12]   Paragraph 6.1
omit
Appendix 2
insert
Table 2 of Appendix IX of the Part 66 MOS
[13]     Paragraph 6.2
omit everything after
aircraft engine
insert
mentioned in Table 2 of Appendix IX of the Part 66 MOS whose reference is annotated with the words “MTO only”.
[14]     Paragraph 6.2, the Note
omit everything from and including
maintenance training organisation (MTO), or by a COA holder to whom regulation 327 of CAR 1988 applies.
insert
MTO.
[15]     Paragraph 6.6
omit
commencing the training and assessment mentioned in paragraph 6.3
insert
issuing a certification authorisation to an excluded type employee
[16]     Paragraph 6.7 (not including the Note)
substitute
       6.7     If it appears to a COA holder that an employee has, after successfully completing the training and assessment in the excluded system, in accordance with paragraphs 6.1, 6.4 and 6.5, successfully carried out maintenance on the excluded type, the COA holder may, after at least 5 months of the authorisation period have elapsed, provide CASA and the employee with a provisional notice in the approved form of satisfactory completion of training and assessment.
       6.8     If, not earlier than 3 days before the authorisation period lapses, the COA holder wishes to confirm that the employee has satisfactorily completed their training and assessment, the COA holder must provide CASA and the employee with a confirmation notice in the approved form of satisfactory completion of training.
       6.9     A notice referred to in paragraph 6.8 may be provided by electronic transmission to an address referred to in the approved form.
     6.10     An authorisation period of 6 months cannot be extended.
     6.11     The purpose of paragraphs 6.7 to 6.9 (inclusive) is to allow CASA to update an employee’s licence to allow him or her to continue to have a permission to carry out maintenance, without delay after the completion of the authorisation period. Issue of a provisional notice does not mean that a person to whom it is issued is entitled to a confirmation notice of successful completion.
[17]     Paragraph 7.1
omit
Appendix 2
insert
Table 2 of Appendix IX of the Part 66 MOS
[18]     Paragraph 7.2
omit everything after
mentioned in
insert
Table 2 of Appendix IX of the Part 66 MOS whose reference is annotated with the words “MTO only”.
[19]     Paragraph 7.2, Note
omit
MTO, or by a COA holder to whom regulation 327 of CAR 1988 applies.
insert
MTO.
[20]     Paragraph 7.6
omit
permitting the employee to commence the manufacturer’s training and assessment mentioned in paragraph 7.4
insert
issuing a certification authorisation to an excluded type employee
[21]     Paragraph 7.7 (including the note)
substitute
       7.7     If it appears to a COA holder that an employee has, after successfully completing the training and assessment in the excluded system, in accordance with paragraphs 7.1, 7.4 and 7.5, successfully carried out maintenance on the excluded type, the COA holder may, after at least 5 months of the authorisation period have elapsed, provide CASA and the employee with a provisional notice in the approved form of satisfactory completion of training and assessment.
       7.8     If, not earlier than 3 days before the authorisation period lapses, the COA holder wishes to confirm that the employee has satisfactorily completed their training and assessment, the COA holder must provide CASA and the employee with a confirmation notice in the approved form of satisfactory completion of training.
       7.9     A notice referred to in paragraph 7.8 may be provided by electronic transmission to an address provided by CASA for that purpose.
     7.10     An authorisation period of 6 months cannot be extended.
     7.11     The purpose of paragraphs 7.7 to 7.9 (inclusive) is to allow CASA to update an employee’s licence to allow him or her to commence carrying out maintenance without delay after the completion of the authorisation period. Issue of a provisional notice does not mean that a person to whom it is issued is entitled to a confirmation notice of successful completion.
[22]     Paragraph 8AA.1
omit
1 October 2014
insert
1 July 2015
[23]     Paragraph 8AA.2
omit
30 September 2014
insert
30 June 2015
[24]     Subparagraph 8AA.3 (a)
omit
1 October 2014
insert
1 July 2015
[25]     New paragraph 8AA.5
after paragraph 8AA.4, insert
8AA.5     In spite of paragraph 8AA.4, a category B1 or B2 licence holder who carried out Part 1 WHR maintenance on an aircraft not more than 2 years before subsection 8 takes effect may continue to carry out such maintenance.
[26]     Section 8, Note
omit
CASA 197/13
insert
CASA 277/14
[27]     Paragraph 8.6
omit
all words from and including “providing” up to and including “subparagraph 8.5 (b)”
insert
issuing a certification authorisation to an employed authority or type rating holder or reissuing a certification authorisation under paragraph 8.5
[28]     Subparagraph 8.9 (b)
omit
category
insert
relevant category for the maintenance
[29]     Paragraph 8.12
omit (wherever occurring)
unlisted WHR
insert
unlisted turbine-powered WHR
[30]     Paragraph 8.13
omit
unlisted WHR
insert
unlisted turbine-powered WHR
[31]     After subsection 9, insert
10        Wood and fabric authorisation
     10.1     A COA holder may authorise a wood and fabric employee to carry out maintenance:
(a)   of the wooden portion of a wooden construction aircraft or wooden aircraft components; or
(b)   that is the replacement, or repair of, aircraft fabric surfaces.
     10.2     A maintenance authorisation may only be issued once for the employee, and only for a period of 6 months.
     10.3     Before issuing the maintenance authorisation, the COA holder must provide, and the employee must successfully complete, training and assessment in the maintenance of wooden aircraft and wooden aircraft components, or maintenance on, or the replacement and repair, of aircraft fabric surfaces.
     10.4     The training and assessment mentioned in paragraph 10.3 must be in accordance with the COA holder’s Quality Control Manual as approved in writing by CASA for training and assessment in one of the subjects mentioned in paragraph 10.3 and of a standard equivalent to whichever of the following Australian Qualifications Framework units is applicable:
(a)   MEA 357A (inspect, test and repair fabric surfaces);
(b)   MEA 358A (re-cover aircraft fabric surfaces);
(c)   MEA 359A (inspect and repair aircraft wooden structures).
     10.5     Before issuing a maintenance authorisation of the kind referred to in paragraph 10.1, the COA holder must be, in respect of the maintenance to be performed by the employee:
(a)   a CASA delegate for subregulation 42ZC (6) of CAR 1988 who may authorise a person for paragraph 42ZC (3) (d) or (4) (e) of CAR 1988 (as the case requires);
(b)   an authorised person for subregulation 42ZC (7) of CAR 1988, who may authorise a person for paragraph 42ZC (3) (d) of CAR 1988.
     10.6     If it appears to a COA holder that an employee has, after successfully completing training and assessment in accordance with paragraph 10.3, successfully carried out maintenance under an authorisation issued under paragraph 10.1, the COA holder may, after at least 5 months of the authorisation period have elapsed, provide CASA and the employee with a provisional notice in the approved form of satisfactory completion of training and assessment.
     10.7     If, not earlier than 3 days before the authorisation period lapses, the COA holder wishes to confirm that an employee has satisfactorily completed their training and assessment, the COA holder must provide CASA and the employee with a confirmation notice in the approved form of successful completion of training.
     10.8     A notice referred to in clause 10.6 may be provided by electronic transmission to an address provided by CASA for that purpose.
     10.9     An authorisation period of 6 months cannot be extended.
   10.10     The purpose of paragraphs 10.1-10.8 is to allow CASA to update an employee’s licence to allow him or her to commence carrying on maintenance, without delay, after the completion of the authorisation period. Issue of a provisional notice does not mean that a person to whom it is issued is entitled to a confirmation notice of successful completion.
[32]     Appendix 1, Note
omit
“Excluded” (second occurring)
insert
“Excluding”
[33]     Appendix 2
omit
[34]     Appendix 3, Part 2
omit

Auster series
Piston (various types)
B1.2; B2

Piper Cub series
Piston (various types)
B1.2; B2

Cessna 100, 200 series
Piston (various types)
B1.2; B2

Taylorcraft
Piston (various types)
B1.2; B2

[35]     Appendix 3, Part 2
after
Antonov AN2 Colt
Shvetsov
B1.2; B2
insert
Auster series
Piston (various types)
B1.2; B2
[36]     Appendix 3, Part 2
after
BA/Klemm L-25 Swallow
Continental
B1.2; B2
insert
Bell 47
Lycoming
B1.4; B2
[37]     Appendix 3, Part 2
after
Cessna L19/305 Bird Dog
Cont. O-470
B1.2; B2
insert
Cessna 100, 200 series
Piston (various types)
B1.2; B2
[38]     Appendix 3, Part 2
after
Douglas DC4
PW R-2000
B1.2; B2
insert
Extra 300L
Lycoming AEIO540
B1.2; B2
[39]     Appendix 3, Part 2
omit
Menasco Pirate, Gypsy Major
Insert
Kinner, Gypsy Major, Menasco Pirate
[40]     Appendix 3, Part 2
after
Percival Provost Mk1
Alvis Leonides
B1.2; B2
insert
Piper Cub series
Piston (various types)
B1.2; B2
[41]     Appendix 3, Part 2
after
Supermarine Spitfire
RR/Packard Merlin
B1.2; B2
insert

Taylorcraft
Piston (various types)
B1.2; B2

Vought/Goodyear
Cosair (all variants)
B1.2; B2

[42]     Appendix 3, Part 2
after
Vultee BT 13
P&W R-985
B1.2; B2
insert
Yakovlev Yak-3
P&W R2000; Klimov
B1.2; B2