Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION REGULATIONS (AMENDMENT) 1991 NO. 426

STATUTORY RULES 1991 No. 426

Issued by the authority of the Minister of State for Shipping and Aviation Support

Civil Aviation Act 1988

Civil Aviation Regulations (Amendment)

Subsection 98(1) of the Civil Aviation Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act and in particular in relation to the safety of air navigation.

Aircraft maintenance engineer licences are issued under regulation 31 of the Civil Aviation Regulations (the Regulations). Under regulation 32 the Authority may specify in a licence the period during which the licence has effect. The procedures and requirements for the issue and renewal of an aircraft maintenance engineer licence are set out in Civil Aviation Orders (the Orders). The amendments to the Regulations are technical amendments that are intended to provide the necessary power to support the existing Orders.

Regulation 55A requires a person who performs any duties essential to the operation of an Australian aircraft during flight time to hold an appropriate licence that is endorsed with the appropriate rating for a person performing those duties. A new system of licences is to be introduced in 1992. Under the new system, ratings are to be endorsed in a licence holder's personal log book rather than on the licence. The amendments to regulations 55, 66 and 68 are technical amendments to achieve this objective.

A refusal to grant or issue a licence that may be granted or issued under the Regulations is a reviewable decision under section 31 of the Act.

Regulation 296 sets out the time for commencing prosecutions. The amendment to regulation 296 replaces the reference to "one year" with a reference to "3 years". The amendment gives effect to recommendation 18 of the Second Report of the Air Safety Regulation Review Task Force which recommended that the time for commencing prosecutions be extended to 3 years.

Regulations 6, 7, and 8 commence on 1 January 1992. The remainder of the Regulations commenced on gazettal. Details of the Regulations are attached.

ATTACHMENT

DETAILS OF CIVIL AVIATION REGULATIONS (AMENDMENT)

Regulation 1

This regulation provides that regulations 6, 7 and 8 commence on 1 January 1992. An explanatory note is included at the foot of the regulation to advise readers that the remainder of these Regulations commenced on gazettal.

Regulation 2

This regulation provides that the Civil Aviation Regulations (the Regulations) are amended as set out in the amending Regulations.

Regulation 3

Regulation 3 amends regulation 31 of the Regulations by omitting subregulation 31(1) and substituting new subregulations 31(1), (1A) and (1B). Regulation 3 also amends subregulations 31(2), (3), (4) and (6).

Subregulation 31(1) empowered the Authority to grant an aircraft maintenance engineer licence to a qualified person.

Under new subregulation 31(1) a qualified person may apply for the issue of an aircraft maintenance engineer licence in one or more of the following categories:

(a)       airframes;

(b)       engines;

(c)       radio systems;

(d)       electrical systems;

(e)       instruments.

Subregulations 31(1A) and 31(1B) provide for the issue of a licence in the category specified in the application and the endorsement of that category on the licence. A person is a qualified person if the person satisfies the requirements set out in subregulation 31(4).

Subregulations 31(1), (1A) and (1B) reflect existing practices. Australia's current scheme for licensing aircraft maintenance engineers consists of requirements and procedures that have been followed for many years. These requirements and practices are set out in Civil Aviation Orders (the Orders). A licence is issued in one or more of the 5 categories referred to in subregulation 31(1) and the category or categories in which the licence is issued is endorsed on the licence.

The amendments to subregulations 31(2), (3), (4) and (6) are technical amendments to ensure the consistent use of expressions in regulation 31 and to clarify the operation of the regulation.

Paragraph 31(4)(da) requires an applicant for an aircraft maintenance engineer licence to have sufficient knowledge of the English language to carry out safely the duties required to be performed by a licence holder. This requirement is considered necessary in the interests of safety to ensure adequate maintenance of aircraft. All aircraft operational documents and maintenance manuals are published in the English language. A person carrying out the duties required to be performed by a licence holder needs to have constant reference to such documents and manuals.

Regulation 4

This regulation inserts new regulations 31A, 31B, 31C and 31D into the Regulations.

Regulation 31A enables the Authority to specify, in the Orders, the activities and parts of an aircraft or aircraft components covered by a category of licence. Under regulation 31B, the Authority may, in the orders, classify a category into ratings and specify the activities, the type or category of aircraft, parts of an aircraft or aircraft components covered by a rating. Regulation 31C empowers the Authority, when issuing a licence to an applicant, to endorse the licence with a rating if the applicant satisfies the appropriate examination and work experience requirements determined by the Authority and set out in the Orders or otherwise in writing.

A category and rating endorsed on an aircraft maintenance engineer licence determines the type of maintenance work that may be carried out by the licence holder.

Regulation 31D provides for a person holding a licence in a particular category to seek to have additional categories and ratings endorsed on his or her licence or to have a change made in relation to an existing endorsement. This enables certain experience gained in one category to be used in relation to the experience requirements for another category and reduces the time necessary to qualify for holding a licence in more than 1 category. A change is subject to the requirements set out in regulation 32B being satisfied.

Regulation 5

Regulation 5 inserts new regulations 32A and 32B into the Regulations.

Under regulation 32, the Authority may specify in an aircraft maintenance engineer licence the period during which the licence has effect. Regulation 32A enables the holder of a licence to apply to the Authority for renewal of the licence. An applicant for renewal of a licence or approval of a change is required to satisfy the requirements set out in regulation 32B.

Regulations 6, 7 and 8

Under subparagraphs 55A(1)(a)(ii) and (iii) of the Regulations, a person who performs any duties essential to the operation of an Australian aircraft during flight time must hold a licence that is endorsed with the appropriate rating (if any) and the appropriate grade, if the rating is graded, for a person performing those duties.

The Authority proposes to introduce a new system of laminated card licences for operating crew. Under the new system, ratings will be endorsed in the licence holder's personal log book rather than on the licence.

The amendments to regulations 55, 66 and 68 are technical amendments to make it possible for ratings to be included in log books from 1 January 1992.

Regulation 9

This regulation amends regulation 296 by replacing the reference to "one year" with a reference to "3 years".

In its second report, the Air Safety Regulation Review Task Force (the Task Force) recommended that the Regulations should be amended to permit prosecutions to take place within 3 years, and not 1 year. The Committee considered that the 1 year period was a serious limitation and that it was often impossible for investigators to gather sufficient evidence within a year. The amendment gives effect to the recommendation of the Task Force.

Regulation 10

This regulation is a savings provision. Savings and validation provisions have been included to save existing aircraft maintenance engineer licences and keep in force the existing Orders.