Instrument number CASA 33/13
I, PETER WILLIAM BOYD, Executive Manager, Standards Division , a delegate of CASA, make this instrument under paragraph 6(1)(b) and subregulation 42ZC(6) of the Civil Aviation Regulations 1988 (CAR 1988).
[Signed P. Boyd]
Peter Boyd
Executive Manager
Standards Division
14 March 2013
Authorisation of persons to carry out maintenance on certain amateur‑ built, kit- built and light sport aircraft with a special certificate of airworthiness
Appointment of authorised persons to issue maintenance releases for certain amateur- built, kit- built and light sport aircraft with a special certificate of airworthiness
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   expires at the end of February 2016 as if it had been repealed by another instrument.
2          Definitions
        (1)     In this instrument:
ABAA means Amateur Built Aircraft Acceptance.
AEL means aircraft engineer licence.
aircraft means an aircraft for which:
(a)   a special certificate of airworthiness for an amateur-built aircraft accepted under an ABAA has been issued in accordance with regulation 21.190 of the Civil Aviation Safety Regulations 1998 (CASR 1998); or
(b)   a special certificate of airworthiness in the form of an experimental certificate has been issued in accordance with regulation 21.195A of CASR 1998 for a purpose mentioned in paragraph 21.191(g), (h) or (j) of CASR 1998.
knowledge level means a level of knowledge described in Annex 2.
primary builder means:
(a)   that member of a group of builders of an aircraft who has fabricated and assembled more than half of an amateur-built aircraft or assembled more than half of a kit-built aircraft; or
(b)   if paragraph (a) does not apply to any member of the group — that member who has been nominated in writing by the group as the primary builder for the purpose of issuing maintenance releases.
        (2)     Without limiting when 2 aircraft are not essentially similar, 2 aircraft are not essentially similar:
(a)   if they are made of different materials; or
(b)   if 1 has retractable landing gear and the other has fixed landing gear; or
(c)   if 1 has electrically powered landing gear and the other has hydraulically powered landing gear; or
(d)   if 1 has electrically powered flaps and the other has hydraulically powered flaps.
3          Application
                 This instrument applies to each of the following:
(a)   a person who has fabricated and assembled more than half of an aircraft mentioned in the definition of aircraft;
(b)   for an amateur-built aircraft — a person, other than a person referred to in paragraph (a), who has contributed to the fabrication and assembly of an aircraft mentioned in the definition of aircraft;
(c)   for a kit-built aircraft or a light sport aircraft — a person who has assembled more than half of an aircraft mentioned in the definition of aircraft;
(d)   for a kit-built aircraft or a light sport aircraft — a person, other than a person referred to in paragraph (c), who has contributed to the assembly of an aircraft mentioned in the definition of aircraft;
(e)   the holder of an AEL, in a subcategory of category B1, or in category B2, issued under Part 66 of CASR 1998.
4          Authorisation of persons to carry out maintenance
                 For paragraph 42ZC(4)(e) of CAR 1988, I authorise a person mentioned in:
(a)   paragraph 3(a) to carry out maintenance on:
             (i)  the aircraft that the person fabricated and assembled; and
            (ii)  any aircraft of which the person is the sole owner and that is essentially similar to the aircraft that the person fabricated and assembled; and
(b)   paragraph 3(b) to carry out maintenance on the aircraft to which the person contributed to the fabrication and assembly; and
(c)   paragraph 3(c) to carry out maintenance on:
             (i)  the aircraft that the person assembled; and
            (ii)  any aircraft of which the person is the sole owner and that is essentially similar to the aircraft that the person assembled; and
(d)   paragraph 3(d) to carry out maintenance on the aircraft to which the person contributed to the assembly; and
(e)   paragraph 3(e) to carry out maintenance on an aircraft.
5          Appointment of authorised persons to issue maintenance releases
        (1)     Subject to subsection (2):
(a)   for regulation 43 of CAR 1988, I appoint a person authorised under section 4 to be an authorised person to issue a maintenance release for an aircraft on which he or she had carried out maintenance; and
(b)   for regulation 47 of CAR 1988, I appoint a person authorised under section 4 to be an authorised person to enter an endorsement on a maintenance release mentioned in paragraph (a); and
(c)   for regulation 48 of CAR 1988, I appoint a person authorised under section 4 to be an authorised person to cancel an endorsement entered on a maintenance release mentioned in paragraph (b).
        (2)     Subsection (1) does not apply to the holder of an AEL in category B2, unless that person is:
(a)   a person mentioned in paragraph 4(a), (b), (c), or (d) for the aircraft; or
(b)   the holder of an AEL in a subcategory of category B1 issued under Part 66 of CASR 1998 .
6          Conditions
                 Each authorisation under section 4 and each appointment under section 5 is subject to the conditions mentioned in Schedule 1.
Schedule 1          Conditions
        1     An authorised person may only issue a maintenance release for an aircraft if all required maintenance has been carried out and properly certified by a person authorised to conduct maintenance under this instrument.
        2     An authorised person must sign each maintenance release he or she issues under this instrument.
        3     For a maintenance release to be issued for an aircraft by a person mentioned in paragraph 3(b) or (d), the authorised person must have been nominated in writing by the group of builders as the primary builder of the aircraft.
        4     A person authorised to carry out maintenance on an aircraft must do so:
(a)   in accordance with the appropriate data for proper maintenance of the aircraft; and
(b)   using the appropriate tooling.
        5     An authorised person must ensure that each maintenance release issued includes any information required to be entered on the maintenance release by any direction, permit or permission issued under the Civil Aviation Act 1988 (the Act), its Regulations or Civil Aviation Orders (CAOs) that applies to the aircraft, the aircraft components or the aircraft materials.
        6     When issuing a maintenance release, an authorised person must do so in accordance with the applicable requirements of Civil Aviation Order 100.5 and regulation 43 of CAR 1988.
        7     A person mentioned in paragraph 3(b) may only carry out maintenance on the elements of the aircraft the person fabricated and assembled.
        8     A person mentioned in paragraph 3(d) may only carry out maintenance on the elements of the aircraft the person assembled.
        9     A person mentioned in paragraph 3(e), who is not also a person mentioned in paragraph 3(a), (b), (c) or (d) for the aircraft, may only carry out maintenance:
(a)   that is covered by his or her AEL; and
(b)   on those types of aircraft or aircraft engines that are covered by the AEL; and
(c)   subject to any conditions placed on the AEL.
      10     A person must not carry out manual welding unless the welding is carried out:
(a)   by the person who performed the welding during the fabrication of the aircraft; or
(b)   by a person who is the sole owner of the aircraft and performed the welding during the fabrication of an aircraft that is essentially similar to the aircraft ; or
(c)   in accordance with an aircraft welding authority granted under regulation 33D of CAR 1988.
      11     A person, who is not the holder of an AEL in category B2, must not carry out maintenance:
(a)   on aircraft instruments or equipment that are specifically required by the Act, its Regulations or the CAOs for I.F.R. operations; or
(b)   specified in an airworthiness directive in relation to aircraft instruments or equipment that are required by the Act, its Regulations or the CAOs for I.F.R. operations.
      12     Before a person performs any activity authorised by this instrument, the person must:
(a)   satisfactorily complete a course of training which covers the topics and standards specified in column 2 of the table at Annex 1; and
(b)   for each topic and standard — attain the knowledge level listed in column 3 of the table.
      13     Before a person performs any activity authorised by this instrument, the person must hold a certificate of attainment, in the topics and standards specified in clause 12, from a course or an organisation mentioned in Annex 3.
      14     Clauses 12 and 13 do not apply to:
(a)   a person mentioned in paragraph 3(e); or
(b)   for maintenance of a manned balloon — a person who:
             (i)  holds an authority issued under paragraph 33B(1)(a) of CAR 1988; or
            (ii)  is authorised under subregulation 42ZC(6) of CAR 1988 (other than by this instrument);
              to carry out maintenance on that balloon.
      15     A person who:
(a)   holds an authority issued under paragraph 33B(1)(a) of CAR 1988; or
(b)   is authorised under subregulation 42ZC(6) of CAR 1988 (other than by this instrument);
to carry out maintenance on a manned balloon may carry out maintenance on a manned balloon mentioned in paragraph (b) of the definition of aircraft in subsection 2(1) without holding a certificate of approval that applies to that maintenance.
Annex 1
1
Item
2
Topics and standards
3
Knowledge levels
   1
ICAO and CASA’s obligations to ICAO
        1
   2
CASA priorities
        1
   3
Role of self-administering organisations
        1
   4
Australian Aviation Law overall structure
        1
   5
CARs that apply to maintenance by owner-builders
        1
   6
CASRs that apply to maintenance by owner-builders
        1
   7
Responsibility of registered operator
        3
   8
Responsibilities of maintainer
        3
   9
Guidance material for operators and maintainers
        1
10
Type Certificates
        1
11
Special Certificates of Airworthiness — amateur-built experimental, kit-built experimental, and amateur-built aircraft acceptance (ABAA)
        2
12
Maintenance Authorities and CASR Part 66 Licences
        1
13
Systems of Maintenance (SOM) — General
        1
14
CASA SOM
        2
15
Owner generated SOM
        2
16
Log book statement
        3
17
Minimum Equipment Lists (MELs)
        1
18
Flight manuals and placards
        2
19
Maintenance data sources
        2
20
CAR 2A approval of data
        1
21
Automatic approvals of data from foreign NAAs
        1
22
Generic data
        1
23
Airworthiness Directives (ADs)
        3
24
Service Bulletins, Instructions and Notices
        2
25
Major Defect reporting
        2
26
Safety Management Systems
        1
27
Human factors affecting maintenance
        1
28
Safety in the aircraft workplace
        1
29
Drugs and alcohol in safety sensitive aviation activities
        1
30
Fuelling of aircraft
        1
31
Continuing Airworthiness records
        2
32
Weight and balance records
        2
33
Recording of maintenance
        3
34
Coordination of maintenance
        2
35
Certification of maintenance
        3
36
Duplicate inspections of control systems after maintenance
        2
37
Maintenance work sheets
        2
38
Aircraft log book
        3
39
Maintenance release
        3
40
Modifications of aircraft
        1
41
Approval of modification and major repair data
        1
42
Use and care of calibrated equipment
        2
43
Fabrication in the course of maintenance (FITCOM)
        2
44
AD/ENG/4 Engine condition report
        3
45
Authorised Release Certificate
        1
Annex 2
Knowledge levels
Level 1
A familiarity with the principal elements of the topic such that the following objectives are met.
Objectives:
·         The applicant must be familiar with the basic elements of the topic
·         The applicant must be able to give a simple description of the topic, using common words and examples
·         The applicant must be able to use typical terms.
 
Level 2
A general knowledge of the theoretical and practical aspects of the topic and an ability to apply that knowledge, such that the following objectives are met.
Objectives:
·         The applicant must be able to understand the theoretical fundamentals of the topic
·         The applicant must be able to give a general description of the topic using, as appropriate, typical examples
·         The applicant must be able to demonstrate awareness of practical applications of the topic.
 
Level 3
A detailed knowledge of the theoretical and practical aspects of the topic, and a capacity to combine and apply the separate elements of knowledge in a logical and comprehensive manner, such that the following objectives are met.
Objectives:
·         The applicant must be able to describe the underlying intent and implications of the topic
·         The applicant must be able to give a detailed description of the topic using theoretical fundamentals and specific examples
·         The applicant must be able to explain in detail the theoretical and practical application of the topic.
Annex 3
Training course and training organisations recognised by CASA for the purpose of this instrument
        1     Sport Aircraft Association of Australia (SAAA) Maintenance Procedures Course as approved by CASA.
        2     A CASR Part 147 Maintenance Training Organisation that is approved by CASA to provide category licence training.