Notice of Proposed Rule Making
NPRM 0604MS
A Proposal to Modernise and Harmonise Rules for the Maintenance of Australian Aircraft and Licensing of Aircraft Maintenance Personnel
Proposed Policy for Parts 42, 66, 145 and 147 of the Civil Aviation Safety Regulations 1998 (CASRs)
The proposed parts
- Part 42 – Continuing Airworthiness
- Part 66 – Maintenance Personnel Licensing
- Part 145 – Approved Maintenance Organisations
- Part 147 – Maintenance Training Organisations
Synopsis
The purpose of this NPRM is to initiate formal public consultation on a revised approach to regulatory management previously proposed by CASA for the rules for aviation maintenance and maintenance personnel licensing. It includes a revised regulatory arrangement for the training, qualification and experience of persons controlling and performing maintenance.
CASA has extensively consulted with the Australian aviation industry and believes the current regulations for aircraft maintenance and maintenance personnel have become complicated and outdated:
- They are not clear, concise or harmonised with international regulatory practice and are not always appropriate for the Australian aviation environment.
- The current regulations are sometimes difficult to understand, comply with and increasingly rely on exemptions to be practicable. They also inhibit innovation and may cause an additional cost to industry while not necessarily adding safety benefits.
- The current rules have increasingly fallen out of line with international regulations. This lack of harmonisation increasingly limits Australias ability to respond to international changes in safety related practices and in some circumstances prevents Australian industry from competing for international work.
- There is also some ambiguity in the current regulations and their supporting documents, causing confusion and lack of understanding of the standard of compliance expected by CASA. The rapidly changing technical nature of the industry is not catered for by the current regulations.
- There is also some ambiguity in the current regulations and their supporting documents, causing confusion and lack of understanding of the standard of compliance expected by CASA. The rapidly changing technical nature of the industry is not catered for by the current regulations. Differing requirements for varying industry sectors are also difficult to implement under the current regulations and structure.
This NPRM was developed by the Joint CASA/industry team and was then circulated in draft to the Standards Consultation Committee and Maintenance Standards sub-Committee for comment. As a result of the valuable comment received the NPRM was then amended and is now provided for wider consultation and feedback.
This NPRM addresses the policy outcomes of adopting a regulatory style similar to that proven by the European Aviation Safety Agency (EASA). This regulatory style also allows for different methods of achieving the outcomes for large and small aircraft and various types of operations. EASA rules are practical, safety-based and designed to work flexibly. This flexibility is achieved by outcome-based high-level rules, based upon a two-tier structure with multiple means of compliance. The structure includes, and is formatted, as regulations supported by Acceptable Means of Compliance (AMC) and Guidance Materials (GM).
The rule set arranges for organisational outcomes rather than approvals and an Approved Exposition is used for detailed oversight. In this regulatory style, an organisation gives an exposition to CASA which details how the organisation will conduct its operations and maintain the desired level of safety. Once the exposition is approved, CASA oversights the organisation to ensure it continues to operate in accordance with the approved exposition.
This outcome-based legislative style and devolution to industry will change current CASA oversight and enforcement procedures. Increased industry privileges and approvals will also decrease the regular interaction between the industry and CASA.
Where to from here?
If you want more details on this NPRM and how it will affect you:
The comment period closed on 27 November 2006.
Previous history
NPRM0407 was published in October 2004.
NPRM on CD
If you would like to get a copy of the NPRM 0604MS on CD rather than downloading it, send an email to orderCD@casa.gov.au with your postal address and one will be sent to you.