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

Link to law: https://www.comlaw.gov.au/Details/F2012L00789

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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.1     This 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
       5.1     A 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.
       5.2     A certification authorisation may only be issued once for the employee, and only for a period of 6 months.
       5.3     Before issuing the certification authorisation, the COA holder must provide, and the employee must successfully complete, training and assessment in the excluded system.
       5.4     The 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.
       5.5     Before 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
       6.1     A 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.
       6.2     However, 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
       7.1     A 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.
       7.2     However, 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
PART 1 – AEROPLANES

Type certificate holder
Aeroplane model
Name
Type rating endorsement

BAE SYSTEMS
Jetstream 3101
Jetstream 3202
Jetstream 31
Jetstream 32/32EP
Jetstream 31/32
(Honeywell TPE331 MTO or CAR 327 only)

HAWKER BEECHCRAFT Corporation
300
300LW
B300
B300C
Super King Air
Super King Air
Super King Air 350
Super King Air 350 C
Beech 300 Series
(PWC PT6 MTO or CAR 327 only)

1900
1900C (C-12J)
1900D
Airliner
Beech 1900
(PWC PT6 MTO or CAR 327 only)

M7 AEROSPACE LP
SA226-T
SA226-TC
SA226-AT
SA226-T(B)
 
Fairchild SA226
(Honeywell TPE331 MTO or CAR 327 only)

SA227-AT
SA227-TT
SA227-CC
SA227-DC
 
Fairchild 227
(Honeywell TPE331 MTO or CAR 327 only)

SA227-AC
SA227-BC
Swearingen Metro

SA227-PC
Swearingen Metro
Fairchild SA227 Metro III
(PWC PT6 MTO or CAR 327 only)

McDONNELL DOUGLAS Corporation
DC3-G102
DC3-G102A
DC3-G103A
DC3-G202A
 
McD DC3
(Wright R1820)

DC3A-SCG
DC3A-SC3G
DC3A-S1CG
DC3A-S1C3G
DC3A-S4C4G
DC3C-SC3G
DC3C-S1C3G – S4C4G
DC3C-R-1830-90C
DC3D-R-1830-90C
 
McD DC3
(PW R1830)

DC-4
 
McD DC4 (PW R2000)

PILATUS AIRCRAFT
PC-12
PC-12/45
PC-12/47
PC-12/47E
 
Pilatus PC-12
(PWC PT6 MTO or CAR 327 only)

SOCOTA
G73
 
Grumman G73
(PWC PT6 MTO or CAR 327 only)

Note   Annotated powerplants require CASA approved type training.

 
PART 2 – HELICOPTERS

Type certificate holder
Aeroplane
model
Name
Type rating endorsement

AGUSTA
A.B.212
 
Bell 212/Agusta AB212
(PWC PT6 MTO or CAR 327 only)

BELL HELICOPTER TEXTRON
212
 

222SP
 
Bell 222
(RR Corp 250 MTO or CAR 327 only)

222
222B
222U
 
Bell 222
(Honeywell LTS 101 MTO or CAR 327 only)

412
412EP
412CF
 
Bell 412/Agusta AB412
(PWC PT6 MTO or CAR 327 only)

AGUSTA
A.B.412
A.B.412 EP
 

BELL HELICOPTER
CANADA
230
Executive/Utility/
EMS
Bell 230
(RR Corp 250 MTO or CAR 327 only)

BELL HELICOPTER
TEXTRON
430
 
Bell 430
(RR Corp 250 MTO only)

EUROCOPTER
SA 365 N
Dauphin 2
Eurocopter SA 365 N
(Turbomeca Arriel 1 MTO or CAR 327 only)

SA 365 N1
SA 365 N2
 
Eurocopter SA 365 N1, AS 365 N2
(Turbomeca Arriel 1 MTO or CAR 327 only)

Note   Annotated powerplants require CASA approved type training.