Part 145 Manual of Standards Amendment Instrument 2012 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2012L00794

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I, TERENCE LINDSAY FARQUHARSON, Acting Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 145.015 of the Civil Aviation Safety Regulations 1998.
[Signed T. Farquharson]
Terry Farquharson
Acting Director of Aviation Safety
04 April 2012
Part 145 Manual of Standards Amendment Instrument 2012 (No. 1)
1          Name of instrument
                 This instrument is the Part 145 Manual of Standards Amendment Instrument 2012 (No. 1).
2          Commencement
                 This instrument commences on the day after registration.
3          Amendment of Part 145 Manual of Standards
                 The Part 145 Manual of Standards is amended as set out in Schedule 1.
Schedule 1          Amendments
[1]        Subparagraph 145.A.30 (g) 3.
substitute
3.     where applicable, a sufficient number of specialist maintenance employees qualified in accordance with paragraph 145.A.30 (f) as specialist maintenance employees and authorised by the AMO under section 145.A.35 to perform maintenance certification for that maintenance; and
4.     a register of certifying employees.
[2]        Sub-sub-subparagraph 145.A.30 (h) 1. (ii) (1)
omit
(1)
insert
(A)
[3]        Sub-sub-subparagraph 145.A.30 (h) 1. (ii) (2)
omit
(2)
insert
(B)
[4]        Subparagraphs 145.A.30 (h) 2. and 3.
substitute
2.     a sufficient number of aircraft type rated certifying employees licensed in accordance with paragraph 145.A.30 (k) as Category B licence holders and authorised by the AMO under section 145.A.35 to perform maintenance certification before a Category C licence holder certifying employee issues a certificate of release to service; and
3.     where applicable, a sufficient number of specialist maintenance employees qualified in accordance with paragraph 145.A.30 (f) as specialist maintenance employees and authorised by the AMO under section 145.A.35 to perform maintenance certification for that maintenance before the Category C certifying employee issues the certificate of release to service; and
[5]        Subparagraph 145.A.30 (i) 2.
substitute
2.     where applicable, a sufficient number of specialist maintenance employees qualified in accordance with paragraph 145.A.30 (f) as specialist maintenance employees and authorised by the AMO under section 145.A.35 to perform maintenance certification for that maintenance before the Category B certifying employee issues the certificate of release to service; and
[6]        Paragraph 145.A.30 (k)
substitute
        (k)     For subparagraphs 145.A.30 (g) 1, 145.A.30 (g) 2, 145.A.30 (h) 1, 145.A.30 (h) 2 and subparagraph 145.A.30 (i) 1, and subject to Appendix III and the other provision of this MOS, an AMO may only authorise an individual to perform maintenance certification and issue certificates of release to service for aircraft maintenance under the following circumstances:
1.     the person is the holder of an Australian Part 66 Aircraft Engineer Licence for the aircraft/engine combination or rating in the licence category applicable to the authorisation (the applicable aircraft/engine combination or rating);
2.     for a person employed by an AMO in an AMO location outside Australian territory, to certify at that location:
             (i)  the person holds an ICAO Annex 1 Aircraft Maintenance Licence that has been issued by the NAA for:
(A)    the location where the person is employed; or
(B)    the AMO’s main location; and
            (ii)  one of the following applies:
(A)    the licence includes the applicable aircraft/engine combination or rating; or
(B)    the person has met all type specific training and experience required for the addition of the applicable aircraft/engine combination or rating to an Australian Part 66 Aircraft Engineer Licence and the applicable combination or rating cannot be added to the person’s licence because:
                                 (1)   the licence is an airframes and powerplants licence, which lists airframes and powerplants, and aircraft systems or components, under broad categories as described in Chapter 4 of Annex 1 to the Chicago Convention; or
                                 (2)   the aircraft/engine combination is not listed on the National Register of licences and ratings for the country where the location is.
[7]        Paragraph 145.A.37 (a)
substitute
        (a)     An AMO that provides training and assessment for certifying employees must describe in its exposition how it meets the relevant requirements for that training and assessment.
[8]        Paragraph 145.A.37 (b)
substitute
        (b)     If an employee of an AMO is the holder of an aircraft engineer licence, and:
1.     that licence:
             (i)  does not have a rating for a type rated aircraft type specified under required by paragraph 66.015 (2) (e) of CASR 1998 endorsed on it; or
            (ii)  is endorsed with a rating issued subject to an exclusion under Part 66 of CASR 1998 or Subpart 202.CG of CASR 1998; and
2.     CASA has determined under paragraph 66.015 (2) (o), and subparagraph 66.100 (b) (ii), of CASR 1998 that particular training and assessment may be provided by an AMO for aircraft type training and assessment; and
3.     the employee’s AMO has an exposition that includes the provision of the particular kind of training and assessment mentioned in subparagraph 2;
                 then the AMO may issue to the employee a certification authorisation for maintenance covered by the particular rating or exclusion once and only for a period of 6 months, if the AMO trains and assesses the employee in accordance with its exposition procedure.
[9]        Subparagraph 145.A.37 (c) 2.
after
paragraph 66.015 (2) (p)
insert
, and subparagraph 66.100 (b) (ii),
[10]     After paragraph 145.A.37 (c)
insert
Note   The training mentioned in paragraphs 145.A.37 (b) and (c) comes within the definition of permitted training in clause 1, Part 3 of the CASR 1998 Dictionary.
[11]     Paragraph 145.A.37 (e)
after
training syllabus
insert
and training and assessment procedures
[12]     Paragraph 145.A.37 (f)
omit
Part 42 MOS (first occurring)
[13]     Paragraph 145.A.37 (f)
after
training syllabus
insert
and training and assessment procedures
[14]     Paragraph 145.A.40 (b)
substitute
        (b)     An AMO must ensure that all tools, equipment and, particularly, test equipment that requires calibration, are controlled and calibrated at a periodicity to ensure serviceability and accuracy in accordance with the procedures set out in the AMO’s exposition, and:
1.     the tool or equipment manufacturer’s recommendations; or
2.     a nationally recognised standard.
[15]     Appendix I, clause 1
omit
a certificate of approval
insert
an approval certificate
[16]     Appendix I, clause 2
omit
AMO (second occurring)
[17]     Appendix I, clause 3
omit
certificate of approval
insert
approval certificate
[18]     Appendix I, clauses 3 and 4
omit
Certificate of Approval
insert
approval certificate
[19]     Appendix I, clause 10 (second occurring)
omit
10
insert
11