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DAMP exemption for CAR 30 or Part 145 organisations overseas
CASA EX102/19 - Exemption - CASR Part 99 DAMP requirements for maintenance organisations outside Australian territory
What is it?
This exemption exempts the holder of a certificate of approval under regulation 30 of the Civil Aviation Regulations and Part 145 organisations, who are engaged in aircraft maintenance overseas, from the requirement to have a DAMP, provided that certain conditions are met.
Information for applicants or permission holders
CASR 99.030 requires an organisation to develop a Drug and Alcohol Management Plan (DAMP) if:
- The organisation has an employee or a contractor who performs or is available to perform Safety Sensitive Aviation Activities (SSAA), and
- The organisation is one of those listed in CASR 99.030(2), which includes the holder of a Certificate of Approval (COA) or Part 145 Approval.
What are the benefits?
As a CAR 30 or Part 145 organisation with an overseas base, your organisation is eligible to adopt CASA exemption EX102/19 subject to meeting the conditions specified. The exemption allows for the CAR 30 or Part 145 organisation to develop and implement a DAMP that covers the performance of the applicable SSAA inside Australian territory as required under Part 99 of CASR, without having to apply that DAMP to any of its operations outside Australian territory.
It should be noted that a CAR 30 or Part 145 organisation operating partly inside and partly outside Australian territory must have a DAMP for its Australian operations.
Therefore, your organisation may choose to apply its DAMP fully overseas and make no use of the exemption. Alternatively, as above, an organisation may have a DAMP for its Australian operations only and adopt the exemption for all its operations outside of Australian territory.
How do I get the exemption?
(a) General requirements under Part 99
To take advantage of the exemption, you MUST notify your Regional Office / Certificate Management Team (CMT) in writing of the measures it has in place to manage the risks of alcohol and drugs to the safety of its operation. This would be a DAMP for the Australian operation that meets the requirements prescribed under subpart 99B of the CASR. This plan or should be incorporated into company policy documents and detail how the conditions will be met.
The exemption does not begin to apply for an organisation until they have provided CASA with their DAMP.
(b) What if my organisation is only based overseas?
Whilst the exemption removes the requirement of the DAMP to cover the operations outside of Australian territory, there are conditions in the exemption that require your organisation to provide details to CASA. These details are the measures in place to minimise the risk of alcohol or a testable drug influencing performance of an applicable SSAA in the operations outside Australian territory. I.e. a documented procedure that may be part of your procedures manual or a separate documented procedure that prescribes your organisation’s management of persons performing SSAA that may be influenced by alcohol or drugs.
These documented measures must demonstrate how your organisation will:
- Ensure that a person performing the applicable SSAA is not affected by alcohol;
- Ensure that a person performing the applicable SSAA is not affected by a testable drug that could affect the person’s performance of SSAA in a way that could affect the safety of air navigation.
These measures may be implemented by adopting the DAMP policy and elements of the DAMP testing program to the operations outside Australian territory, or they may be a procedure specific only to the overseas operation, in which case they may not be in accordance with all requirements under subpart 99B of the CASR.
The DAMP organisation must notify CASA in writing of the measures it has implemented within 28 days of implementing the measures.
Need more information?
- If your organisation does not have a DAMP, or is in the process of developing a DAMP, it is recommended that you refer to the section on our webpage Regulatory requirements and putting your management plan into place. A good starting point can be found at: What is a DAMP?
- Contact your regional office to notify your CMT or discuss these requirements.