CASR Part 21 Subpart J - Approved Design Organisations
Current status of the project
On 25 July 2013, the Governor General signed the Civil Aviation Legislation amendment (Subpart 21.J) Regulation 2013 and it commenced on 1 March 2014.
The regulations for certification of design organisations for development and approval of design of modifications/repairs and technical data had, over time, become complicated and to some extent outdated. They were not clear, concise or harmonised with international regulatory best practice and were not always appropriate for the Australian aviation environment. While design organisations approved under regulation 30 of the Civil Aviation Regulations 1988 (CAR) were permitted to develop a design of modification/repair to aircraft and aeronautical products, they had to rely on authorised persons or CASA for the approval of that design. Furthermore, despite holding a certificate of approval from CASA for design, under regulation 30 of CAR, the certificate holder had no privileges.
To address these issues, CASA revised its design approval requirements and established a new regulatory regime to give to the aviation industry various powers and functions under Part 21 of the Civil Aviation Safety Regulations 1998 (CASR) in relation to the approval of designs and technical data. CASA approach to design approvals now aligns with the European Aviation Safety Agency's (EASA) approach in this area.
New Subpart 21.J - Approved design organisations
The new Subpart 21.J prescribes the rules for certification and operations of approved design organisations (ADOs), who may carry out certain design and technical data approval functions regulated by Part 21, without further reference to CASA or an authorised persons. Any individual or body corporate may apply for a certificate of approval as an approved design organisation. The applicant is not required to hold a type certificate or production approval.
The new Subpart 21.J expands on the existing regulation 30 of CAR for design organisations to provide for a more systematic and comprehensive system for design approval by organisations. Consequently, coordination and management of many certification projects, currently mostly conducted by CASA, will be devolved to suitably rated ADOs. The scope of the design activities that CASA may authorise will depend on the ADO's demonstrated capabilities and the systems that the ADO has in place to carry out the activities.
Consequential amendments to CASR and CAR
As the result of the introduction of new Subpart 21.J, various consequential amendments have been made to CASR and CAR.
The existing Subpart 21.J of CASR - 'Delegation option authorisation procedures', which applies to the manufacturers of certain aircraft, aircraft engine or propeller has been replaced with the Subpart 21.J - 'Appoved design organisations'.
Subregulation 30(1) of CAR has been amended to omit the word 'design', and subparagraphs 30(2C)(c)(i), (ii) and (iii) of CAR have been deleted.
Through a separate regulatory development project, the reference to 'authorised persons' in Part 21 of CASR related to approvals of design or technical data will be omitted, as suitably rated Subpart 21.J approved design organisations have privileges to carry out those design and technical data approvals.