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CASA Annual Report 2003 04 Appendices

Appendices

2. Standards development

Notices of Proposed Rule Making published

  • NPRM 0307OS – CASR Part 121B – Air transport operations – small aeroplanes
  • NPRM 0310FS – CASR Part 64 – Ground Authorisations
  • NPRM 0311FS – CASR Part 141 – Flight Training Operators
  • NPRM 0312FS – CASR Part 142 – Training and checking operators
  • NPRM 0309FS – CASR Part 61 – Flight Crew Licensing
  • NPRM 0303OS – CASR Part 137 – Aerial Application Operations
  • NPRM 0401AS – National Airspace System Characteristic 29 – Stage 2c, Proposed Amendment to Regulation 166 of CAR 1988
  • NPRM 0402CS – Proposed Airworthiness Directive (AD) for Internal Inspection of the Flaps on Beechcraft 76 Series Aeroplanes

Notices of Final Rule Making published

  • NFRM 0104OS – Consignment and carriage of dangerous goods by air – CASR Part 92
  • NFRM 0212MS – Registration of Aircraft and Related Matters – CASR Part 47

Notices of Proposed Change published

  • NPC/13901 – Manual of Standards (MOS) Part 139 – Aerodromes
  • NPC/139H01 – Manual of Standards (MOS) Part 139H – Aerodrome Rescue and Fire Fighting Services

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Advisory Circulars published

  • AC 139-15(0) – Establishing a compass swinging site at your aerodrome
  • AC 139-04(0) – Commissioning of aerodrome lighting systems
  • AC 139-01(0) – Regulation of aerodromes used in air transport: an overview
  • AC 139-02(0) – Applying for an aerodrome certificate; AC 139-03(0) – Application for approval to conduct safety inspections of registered and certain other aerodromes
  • AC 60-1(0) – Flight Simulator Evaluations
  • AC 60-2(0) – Flight Simulator Approvals
  • AC 60-3(0) – Validation Tests – Guidance Material
  • AC 60-4(0) – Flight Training Devices
  • AC 92-1(0) – Dangerous Goods Training
  • AC 92-2(0) – Dangerous Goods Manuals

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Civil Aviation Advisory Publications published

  • CAAP 30-2 (1) – Calibration of test equipment for maintenance purposes
  • CAAP 178-1(0) – Non precision approaches
  • CAAP 235-3(0) – RPT operations in multiengine aeroplanes with maximum take-off weight not above 5700 kg - aeroplane weight and performance limitations
  • CAAP 178-1(0) – Non-Precision Approaches

Australian Technical Standard Order published

  • ATSO-C1004 – Airborne mode A/C transponder equipment with extended squitter automatic dependent surveillance – broadcast (ADS-B) transmission capability

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Regulatory Reform Program Up-date Newsletters published

  • NE0302RP – RRP Update
  • NE0303RP – RRP Update
  • NE0304RP – RRP Update
  • NE0401RP – RRP Update
  • NE0402RP – RRP Update

Regulation Impact Statements published

  • RIS no. 0320 – Amendments 6 and 7 to Airworthiness Directive AD/R22/31 – Main Rotor Blades
  • RIS no. 0312 – Amendment to Airworthiness Directives AD/INST/8 Amendment No. 3 and AD/INST/9 Amendment No. 5
  • RIS no. 0301 – Synthetic Training Devices
  • – Flight Simulators and Flight Training Devices
  • DOTARS – CASR Subpart 13. K – Voluntary Reporting and Demerit Points

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Draft Advisory Circulars published

  • AC 119-270(1) – Safety Management Systems – CASR Part 119 – Air operator certification – air transport
  • AC 119-380(1) – Structure and content of Operations Manual – CASR Part 119 – Air operator certification – air transport
  • AC 91.M-1 (0) – Aircraft flight and technical log
  • AC 91.M-2 (0) – Aircraft 100 hourly/annual program guidelines
  • AC 91.M-99 (0) – Transitional arrangements for the airworthiness and maintenance control of aircraft operating to CASR Subparts 91.M, 136.M & 137.M
  • AC 121A-09(0) – Human Factors and Crew Resource Management Training
  • AC 39-1(2) – Airworthiness Directives; AC 139-08 – Reporting of Tall Structures
  • AC 139-16 – Aerodrome Safety Management System
  • AC 139-18 – Obstacle Marking and Lighting of Wind Farms

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Draft Manuals of Standards published

  • MOS-Part 21 – Certification and airworthiness requirements for aircraft and parts
  • MOS-Part 119 – Air operator certification – air transport
  • MOS-Part 141 – Flight training operators
  • MOS-Part 142 – Training and checking operators

Amendments to the Civil Aviation Act 1988 promulgated

On 6 September 2003, the Governor-General gave assent to the Civil Aviation Legislation Amendment Act 2003. It was promulgated as Act No. 83, 2003. This Act, in part, amends the Civil Aviation Act 1988 to:

  • amend aircraft maintenance-related definitions
  • amend relevant provisions to use the new terminology
  • amend the definitions of ‘state Aircraft’ and ‘Australian aircraft’ to align with international law and practice
  • empower CASA to enter into so-called ‘Article 83bis agreements’ with the national airworthiness authorities of other ICAO States
  • make minor corrections to provisions relating to dealing with goods seized as part of an investigation.

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Civil Aviation Safety Regulations 1998 made or promulgated

  • His Excellency the Administrator (GSM Green) made Civil Aviation Amendment Regulations 2003 (No. 4), Statutory Rules 2003, No. 189 on Thursday 17 July 2003, which amends the Civil Aviation Safety Regulations 1998 by inserting new CASR Part 173 – Instrument Flight Procedure Design. The amendments also made consequential changes to CAR 1988. The Regulations were notified in the Gazette of 24 July 2003 and commenced on 1 October 2003.
  • The Governor-General made Civil Aviation Amendment Regulations 2003 (No. 6), Statutory Rules 2003 No. 232 on Wednesday 27 August 2003. The amendments introduce new Part 67 – Medical to the Civil Aviation Safety Regulations – CASR 1998. Part 67 provides for the appointment of appropriately qualified persons as Designated Aviation Medical Examiners or Designated Aviation Ophthalmologist and for the cancellation of such appointments; sets out procedures under which CASA may make declarations that particular persons, or persons who hold or perform the duties of certain positions or offices, are to be taken to be DAMEs or DAOs; sets out the medical standards for the issue of medical certificates; and provides for the issue and administrative control of medical certificates. The Amendment Regulations were notified in a Special Gazette on Wednesday 3 September 2003 and commenced on that date.
  • The Governor-General made Civil Aviation Amendment Regulations 2003 (No. 7), Statutory Rules 2003 No. 240 on Thursday 11 September 2003. The amendments introduce new Part 60 – Synthetic Training Devices to the Civil Aviation Safety Regulations – CASR 1998. CASR Part 60 provides a regulatory regime that covers the qualification, operation and approval of synthetic training devices that may be used by a person to gain aeronautical experience. CASR Part 60 is being introduced in two stages. The first stage, which is the subject of these regulations, addresses the qualification, operation and approval of synthetic training devices (flight simulators and flight training devices) typically used by Air Transport Operators for pilots’ aircraft type licence ratings and maintaining operational recency. The Amendment Regulations were notified in a Special Gazette on Thursday 18 September 2003 and commenced on that date.
  • The Governor-General made Civil Aviation Safety Amendment Regulations 2003 (No. 1), Statutory Rules 2003 No. 297 on Thursday 20 November 2003. The Regulations rectify a number of deficiencies covering the manufacturing of aircraft parts found during the implementation of Part 21 of the Civil Aviation Safety Regulations 1998. The Regulations:
    • give CASA the power to issue production certificates for manufacture of aircraft components for which a certificate of type approval was in force prior to the commencement of CASR Part 21 and for the manufacture of aircraft parts on a one-off basis in Australia
    • require a wider range of aircraft parts to be marked with identification information
    • give adequate legislative power for some practices used for the issue of an Australian Parts Manufacturer Approval
    • set a time period for a holder of an Australian Technical Standard Order authorisation to give manufacturing records to CASA once it stops manufacturing.
The Amendment Regulations were notified in a Special Gazette on Thursday 27 November 2003 and commenced on that date.
  • The Governor-General made Civil Aviation Amendment Regulations 2003 (No. 8), Statutory Rules 2003 No. 365 on Thursday 18 December 2003. The Regulations amend the Civil Aviation Safety Regulations 1998 (CASR) by inserting a new Part 92, entitled ‘Consignment and carriage of dangerous goods by air’, into those regulations. The Regulations also make consequential changes to the Civil Aviation Regulations 1988 (CAR) to reflect the new Part 92. CASR Part 92 is a completely revised regulation, developed as part of CASA’s Regulatory Reform Program, to provide a regulatory regime that covers the consignment and carriage of dangerous goods by air, including measures to prevent the consignment and carriage of undeclared dangerous goods, and the associated administrative and training requirements. The Amendment Regulations were notified in a Special Gazette on Tuesday 23 December 2003 and commenced on 1 January 2004.
  • The Governor-General made Civil Aviation Safety Amendment Regulations 2004 (No. 1), Statutory Rules 2004 No. 4 on Thursday 5 February 2004. The Regulations amend the Civil Aviation Safety Regulations 1998 (CASR) by inserting a new Part 13, entitled ‘Enforcement procedures’, into those regulations. The Regulations specifi cally introduce a new ‘Subpart 13.K – Voluntary reporting and demerit points schemes’ following the recent enforcement initiative amendments to the Civil Aviation Act 1988. The Regulations prescribe the detail and operation of the voluntary reporting scheme and demerit point scheme as required by Divisions 3C and 3D of the Act. The Amendment Regulations were gazetted on Thursday 12 February 2004. The Regulations commenced on 21 February 2004 to coincide with the commencement of the amendments to the Civil Aviation Act (Item 15 of Schedule 1).
  • The Governor-General made Civil Aviation Amendment Regulations 2004 (No. 1), Statutory Rules 2004 No. 134 on Thursday 10 June 2004. The Regulations amend the Civil Aviation Safety Regulations 1998 (CASR) by inserting a new Part 47, entitled ‘Aircraft registration and related matters’, into those regulations. CASR Part 47 is a completely new set of regulations, developed as part of CASA’s Regulatory Reform Program to provide a regulatory regime that covers the registration of aircraft and related matters. CASR Part 47 has been re-developed following disallowance of a previous Part 47 in November 2000. CASR Part 47 implements a simplification of the current system of registering an aircraft, which includes: lodgement of aircraft registration by telephone, (in addition to that currently provided by facsimile or hard copy) and simplified system of transfer of registration; introduction of an interim Certificate of Registration; reintroduction of dealer marks (trade plates); simplified transfer of ownership, akin to motor vehicle ownership transfer; and clear identification the person responsible for airworthiness and maintenance control. The Amendment Regulations were gazetted on Friday 18 June 2004. The Regulations commence on 15 November 2004 to provide a transitional period for the implementation and application of the necessary administrative procedures, processe and systems relating to aircraft registration.

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Civil Aviation Regulations 1988 made or promulgated

  • His Excellency the Administrator (GSM Green) made Civil Aviation Amendment Regulations 2003 (No. 5), Statutory Rules 2003, No. 201 on Wednesday 30 July 2003. The amendments harmonise the Civil Aviation Regulations 1988 with the Criminal Code Act to ensure that the existing offence provisions in the Civil Aviation Regulations 1988 continue to operate in the same manner as they did prior to the application of the Criminal Code Act 1995 to all Commonwealth legislation on 15 December 2001. The Regulations were notified in a Special Gazette on 6 August 2003. The regulations commenced on gazettal.

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Civil Aviation Orders made or promulgated

  • On 18 March 2004 the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 2) 2004 amending section 45.0 of the Civil Aviation Orders. This Order was gazetted on 31 March 2004 and came into effect on that date. It was promulgated as Amendment No. 3.
  • On 17 February 2004, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 1) 2004 amending CAO 40.1.0 and 40.3.0. This Order was gazetted on 25 February 2004 and came into effect on that date. The amendments were promulgated as No. 244 (40.1.0) and No. 245 (40.3.0).
  • On 23 December 2003, the Director of Aviation Safety signed Civil Aviation Amendment Order (No. 9) 2003 amending CAOs 40.0 – Conditions – Flight Crew Licences, 40.1.0 – Aircraft Endorsements – Aeroplanes and 40.3.0 – Aircraft Endorsement – Helicopters. This Order was gazetted on Wednesday 7 January 2004 and came into effect on that date.
  • On 24 October 2003, the Acting Director of Aviation Safety signed Civil Aviation Amendment Order (No. 8) 2003 amending CAO 40.0 in relation to provisions relating to Land and Hold Short Operations. This Order was gazetted on 31 October 2003 and came into effect on that date. It was promulgated as Amendment No. 239.

Manual of Standards (MOS) made or promulgated

  • On 4 May 2004, the Director of Aviation Safety signed instrument CASA 139/04 amending the Manual of Standards (MOS) for Part 173 of CASR 1998. (MOS-Part 173 – Instrument flight procedure design)

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New Legislative Change Projects initiated

Project title Rule affected
Extended Range Operations CAO 82.0
CASA’s Privacy Policy/Legislation for the release of Personal Information CAR 1988
Air Experience Operations CASR Part 132
Amend CASR Part 21 to recognise type certificates issued by the European Aviation Safety Agency CASR Part 21
CASA support for the Australian Technical Standard Order C146a Test Program Nil at this time – research and development.
Review of CASR Part 45 – Display of nationality and registration marks and aircraft registration identification plates. CASR Part 45
Develop standards for time-in-service recording devices CASR Parts 21 and 91
Transitional provisions for AOCs under CASR Part 119. Civil Aviation Act 1988
Conditions imposed on an AOC – arrangements with an interposed entity. CAO 82.0
Review of CASR Part 173 Manual Of Standards (MOS) – Instrument Flight Procedure Design. MOS Part 173
Review/Amend CASR Parts 21-35 airworthiness standards. CASR Parts 21-35
Post implementation review – CASR Part 67 – Medical CASR Part 67
Review/Amend Compliance Management of Commercial Ballooning CAO 40.7 and CAO 20.16.3
Weight and performance limitations for single engine aeroplanes in RPT operations CAO 20.7.4
Installation and use of aircraft components during maintenance CAR 42W
Fitment of TAWS-B equipment instead of GPWS/EGPWS in aeroplanes 5700 kg and below CAO 20.18
Future mandate for Automatic Dependent Surveillance – Broadcast (ADS-B) avionics in Australia Various/To be determined
Post implementation review – CASR Part 101 CASR Part 101


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