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CASA Annual Report 2004-05 - Part 7: Appendices

Part 7: Appendices

Standards Development

Draft Manuals of Standards published

CASR Part 21 -Certification and airworthiness requirements for aircraft and parts

CASR Part 146 -Engineering Representatives

CASR Part 90 -Additional Airworthiness Requirements

CASR Part 141 -Standards for flight training operators

Amendments to the Civil Aviation Act 1988 promulgated

The Civil Aviation Act 1988 (the Act) was amended by the Civil Aviation Amendment Act 2005 (No. 86/2005). The amendments came into effect on 6 July 2005.

The amendments amended the Act to:

  • Empower the Governor-General to make regulations that may be inconsistent with the Disability Discrimination Act 1992 and the Sex Discrimination Act 1984 and to put beyond doubt the validity of existing regulations and past actions based on those regulations;
  • Imposes a condition on all AOCs that AOC holders continue to satisfy CASA of the matters set out in section 28 of the Act for the life of the AOC (which is presently at paragraph 4.4 of CAO 82.0); and
  • Changes references in the Act to 'foreign aircraft' to 'foreign-registered aircraft' (which is the defined term).

The Civil Aviation Act 1988 (the Act) was also amended by the Aviation Security Amendment Act 2004 (No.149/2004). The amendments came into effect on 10 March 2005.

The amendment inserted a provision into the Act which provides that CASA's functions include functions conferred on it under the Aviation Transport Security Act 2004 (the ATS Act). This includes functions conferred on CASA under regulations made under the ATS Act and also repealed subsection 9 (5) of the Act. This is to remove any possibility that CASA is precluded from taking on some security functions.

The amendment also provides that regulations may be made under the Act formulating a scheme in relation to security status checking.

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Civil Aviation Safety Regulations 1998 made or promulgated

Housekeeping Amendments to CAR 1988 and CASR 1998 and Introduction of CASR Part 11 Civil Aviation Amendment Regulations 2004 (No.4), Statutory Rules 2004 No.345

On 3 December 2004, amendments were made to the Civil Aviation Safety Regulations 1998 (CASR) by inserting a new Part 11, entitled "Regulatory administrative procedures", into those regulations. The Regulations also make changes to the Civil Aviation Regulations 1988 (CAR) consequential to the making of CASR Part 11. CASR Part 11 and its consequential amendments are contained in Schedule 1 and Schedule 2 to the Regulations.

CASR Part 11 is a completely new set of regulations, developed as part of CASAs Regulatory Reform Programme (RRP), to provide a regulatory regime that covers the administration of authorisations, exemptions, directions, delegations and Manuals of Standards. CASR Part 11 provides CASA with administrative and regulatory powers, and sets out associated procedures, necessary for the efficient administration of the civil aviation safety system. These powers and procedures relate to the:

  • processing of applications for authorisations and variations issued under the CASRs;
  • issue of safety-related directions;
  • issue of exemptions from the CASRs;
  • delegation of CASAs powers under the CASRs; and
  • issue of Manuals of Standards.

Further, the Regulations included a large number of amendments to the CARs and CASR's of a housekeeping nature.

Notification of Making of Civil Aviation Safety Amendment Regulations to CASR Part 39 - Airworthiness Directives - Statutory Rules 2004 No. 230 Civil Aviation Safety Amendment Regulations 2004 (No.2), Statutory Rules 2004 No.230

On 26 July 2004, amendments were made to rectify a number of deficiencies found following the implementation of Part 39 of the Civil Aviation Safety Regulations1998 (CASRs). CASR Part 39 deals with Airworthiness Directives (ADs), which are binding directions issued by CASA to aircraft owners to undertake maintenance or airworthiness-related tasks to ensure aviation safety.

CASR Part 39 commenced on 1 January 2000. The Part covers the requirements for the issue of ADs and replaced provisions in the Civil Aviation Regulations 1988 on the same subject matter. In general CASR Part 39 harmonised with Part 39 of the Federal Aviation Regulations (FAR) of the United States.

Since the introduction of Part 39, a number of problems had arisen in relation to the:

  • issue of special flight permits for aircraft affected by an AD;
  • requirements of an AD in relation to manufacturer's documentation;
  • exclusion process and harmonisation of this process with other National
  • Airworthiness Authorities (NAAs); and
  • responsibility for ensuring an AD is complied with.

The amendments to CASR Part 39:

  • clarify who is responsible for compliance with an AD;
  • enable the issue of a special flight permit so that aircraft can .y to a maintenance base to carry out the requirements of an AD;
  • allow an AD to be written to permit compliance with the latest instructions issued by the manufacturer of the aircraft or aeronautical product referred to in the AD; and
  • align the requirements for issuing exclusions to an AD with the same practices applied by the United States Federal Aviation Administration (FAA) and other national airworthiness authorities (NAAs).

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Amendment Regulations to Civil Aviation Safety Regulations 1998, Civil Aviation Regulations 1988 Civil Aviation Amendment Regulations 2004 (No.2), Statutory Rules 2004 No.216

On 12 July 2004, amendments were made to the Civil Aviation Regulations 1988 (CARs) and the Civil Aviation Safety Regulations 1998 (CASRs) to provide for a change of name by a body, which administers certain sports aviation activities in Australia.

The Australian Ultralight Federation Inc. (AUF) was a body incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory. It had, for many years, administered rules for operating and maintaining certain small aeroplanes commonly known as 'ultralights', under arrangements with the Civil Aviation Safety Authority (CASA). In order to do so, a number of regulations in CAR and CASR made reference to the AUF, and aeroplanes operated and maintained in accordance with the rules of the AUF were exempt from a number of provisions of the CARs and CASRs through the operation of Civil Aviation Orders (CAOs).

The membership of the AUF voted to change the organisation's name to Recreational Aviation Australia Inc. (RAA), which occurred on 28 April 2004. Although the change of name did not result in a change of legal entity there was some doubt about the legal effect of the name change on the exemptions given to the AUF. To avoid this doubt, it was decided to amend the references to the "AUF" (whether its full name or its acronym) in the CARs, the CASRs and the CAOs to the "RAA".

The Regulations, therefore, amended the CARs and the CASRs to change the references to the AUF to the RAA.

Amendment Regulations to Civil Aviation (Fees) Regulations Civil Aviation (Fees) Amendment Regulations 2004 (No.1), Statutory Rules 2004 No.211

On 12 July 2004, amendments were made to the Civil Aviation (Fees) Regulations (the Fees Regulations) to align the fees charged for regulatory services provided by the Civil Aviation Safety Authority (CASA) with today's prices and to position CASA and the aviation industry for the move to full cost recovery for those services in line with the Government's policy on cost recovery. The previous fees and charges were in place since 1995 and had not been adjusted for inflation nor the goods and services tax. The impact was that CASA's revenue from fees and charges steadily declined in real terms and did not maintained parity against the actual cost of the services provided.

The Regulations gave effect to the Minister for Transport and Regional Services' announcement in the 2004-2005 Portfolio Budget Statement for measures to increase CASA fees and charges and to reflect the Government's policy on cost recovery.

In developing the Regulations, CASA undertook a cost modelling analysis in an effort to calculate the true cost of CASA activities. Nevertheless, it was decided not to recover the whole cost of providing services at this stage, as part of a staged implementation of full cost recovery in line with the Government's guidelines for cost recovery.

The increase to the hourly rate charged for CASA regulatory services is limited to the calculated direct staff costs, together with an overhead which takes into account increases in staff costs over the past nine years and is adjusted from $75 per hour to $130 per hour. Increases in fixed fees for regulatory services are calculated on the direct staff costs, together with an administrative fee which takes into account increases in the Consumer Price Index (CPI) over the nine-year period, and the addition of the 10% Goods and Services Tax (GST) for those services subject to that tax.

No new fees or charges were imposed by the Regulations. That is, although the fees and charges for the services currently listed in the Fees Regulations are being increased, no new services are being added to the list. Nevertheless, the Regulations clarified existing services by amending terminology to align with the new Civil Aviation Safety Regulations 1998 (CASR) and divided generic descriptions of services into specific subsets of those services.

The Regulations provided transitional measures for services which were requested before, but which were provided after, commencement of the Regulations. The Regulations also made technical amendments to change the citation of the Fees Regulations, align the terminology used in the Fees Regulations with the terminology in the Civil Aviation Regulations 1988 (CAR) and the Civil Aviation Safety Regulations 1998 (CASR), and to remove charges that were no longer applicable.

Definition of Air Traffic Control Civil Aviation Amendment Regulations 2004 (No.3), Statutory Rules 2004 No.217

On 12 July 2004, amendments were made to the Civil Aviation Regulations 1988 (1988 Regulations) and the Civil Aviation Safety Regulations 1998 (1998 Regulations).

Regulation 2 of the 1988 Regulations relates to the Interpretation of terms and defined "air traffic control" to mean:

  • Airservices Australia (AA) in its capacity as a provider of air traffic control services; or
  • The Defence Force in its capacity as a provider of air Traffic control services.

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The purpose of the amendment was to add to the list of service providers in the definition of air traffic control in regulation 2 of the 1988 Regulations to make it consistent with the provisions of subsection 11(3) of the Air Services Act 1995 which provides that where AA may provide a facility or service, it may do so:

  1. itself; or
  2. in cooperation with another person (including the Commonwealth); or
  3. by arranging for another person (including the Commonwealth) to do so on its behalf,

and regulation 172.024 of the 1998 Regulations, which provides that a person is eligible to apply for approval as an Air Traffic Services provider if the person is any of the following:

  1. the Commonwealth;
  2. AA;
  3. a person who is to provide an air Traffic service:
    1. in cooperation with AA, in accordance with paragraph 11 (3) (b) of the Air Services Act 1995; or
    2. by arrangement with AA, in accordance with paragraph 11 (3) (c) of the Air Services Act 1995.

The changes also ensured that the term 'air traffic control' for the purposes of the 1988 Regulations also included any person who provides air traffic control services in cooperation with AA or under arrangement with AA.

Civil Aviation Regulations 1988 made or promulgated

Housekeeping Amendments to CAR 1988 and CASR 1998 and Introduction of CASR Part 11 Civil Aviation Amendment Regulations 2004 (No.4), Statutory Rules 2004 No.345

On 3 December 2004, amendments were made to the Civil Aviation Safety Regulations 1998 (CASR) by inserting a new Part 11, entitled "Regulatory administrative procedures", into those regulations. The Regulations also make changes to the Civil Aviation Regulations 1988 (CAR) consequential to the making of CASR Part 11. CASR Part 11 and its consequential amendments are contained in Schedule 1 and Schedule 2 to the Regulations.

CASR Part 11 is a completely new set of regulations, developed as part of CASA's Regulatory Reform Programme (RRP), to provide a regulatory regime that covers the administration of authorisations, exemptions, directions, delegations and Manuals of Standards. CASR Part 11 provides CASA with administrative and regulatory powers, and sets out associated procedures, necessary for the efficient administration of the civil aviation safety system. These powers and procedures relate to the:

  • processing of applications for authorisations and variations issued under the CASRs;
  • issue of safety-related directions;
  • issue of exemptions from the CASRs;
  • delegation of CASAs powers under the CASRs; and
  • issue of Manuals of Standards.

Further, the Regulations included a large number of amendments to the CARs and CASRs of a housekeeping nature.

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Civil Aviation Orders made or promulgated

  • Amendment to CAO 20.7.4 (Civil Aviation Amendment Order (No. 3) 2004 19 July 2004)
  • Amendment to various CAOs relating to the change of name of the Australian Ultralight Federation to Recreational Aviation Australia Incorporated (Civil Aviation Amendment Order (No. 4) 2004 19 July 2004)
  • Amendment to CAOs 95.8, 95.10, 95.12, 95.12.1, 95.14, 95.32 and 95.55 (Civil Aviation Amendment Order (No. 5) 2004 8 September 2004)
  • New CAO 95.33 (Civil Aviation Amendment Order (No. 6) 2004 17 September 2004)
  • Amendment to CAO 100.90 - Administration and Procedure - Aircraft Maintenance Engineer Licences - General requirements (Civil Aviation Amendment Order (No. 7) 2004 24 November 2004)
  • Amendment to CAO 40.2.1 - Instrument Rating, and 40.2.3 - Private I.F.R. Rating (Civil Aviation Amendment Order (No. 9) 2004 24 November 2004)
  • Amendment to CAO 95.33 - Eurocopter EC665 Tiger Armed Reconnaissance Helicopter (Civil Aviation Amendment Order (No. 10) 2004 29 November 2004)
  • Exemptions from Provisions of the Civil Aviation Regulations - Gyroplanes having an Empty Weight not in Excess of 250 kg (Civil Aviation Order 95.12 Amendment Order (No. 1) 2005 16 June 2005)
  • Aeroplane weight and performance limitations for specified aeroplanes above 5 700 kg (Civil Aviation Order 20.7.1B Amendment Order (No. 1) 2005 15 June 2005)
  • Amendment of CAO 40.1.0 - Aircraft Endorsement - Aeroplanes (Civil Aviation
  • Amendment Order (No. 6) 2005 13 May 2005)
  • Amendment of CAO 40.3.0 - Aircraft Endorsement - Helicopters (Civil Aviation
  • Amendment Order (No. 5) 2005 13 May 2005)
  • Amendment of CAO 40.3.0 - Aircraft Endorsement - Helicopters (Civil Aviation
  • Amendment Order (No. 4) 2005 30 March 2005)
  • Amendments to CAOs 20.18, 82.0 and 82.1 - Use of Terrain Avoidance Warning Systems (Civil Aviation Amendment Order (No. 3) 2005 18 March 2005)
  • Amendment to CAO 40.3.0 - Aircraft Endorsements - Helicopters (Civil Aviation Amendment Order (No. 2) 2005 21 February 2005)
  • Amendments to CAO 20.18, CAO 82.0, CAO 82.1 and CAO 82.3 - CAO 20.18 - Aircraft Equipment - Basic Operational Requirements, CAO 82.0 - Air Operators' Certificates - Applications for Certificates and General Requirements, CAO 82.1 - Conditions on Air Operators' Certificates Authorising Charter Operations and Aerial Work Operations, and CAO 82.3 - Conditions on Air Operators' Certificates Authorising Regular Public Transport Operations in Other Than High Capacity Aircraft (Civil Aviation Amendment Order (No. 1) 2005 4 February 2005)
  • Amendment to CAOs 40.1.0 - Aircraft Endorsements - Aeroplanes, and 40.3.0 -Aircraft Endorsement - Helicopters (Civil Aviation Amendment Order (No. 12) 2004 5 January 2005)
  • Amendment to CAO 82.3 - Conditions on Air Operators' Certificates Authorising Regular Public Transport Operations in Other Than High Capacity Aircraft (Civil Aviation Amendment Order (No. 8) 2004 5 January 2005)

Manual of Standards (MOS) made or promulgated

  • Amendment to MOS Part 65 - Air Traffic services licensing and training requirements (Manual of Standards Part 65 Amendment Instrument (No. 1) 2005 24 January 2005)
  • Amendment to MOS Subpart 139.H - Aerodrome rescue and fire fighting services (Manual of Standards Subpart 139.H Amendment (No. 1) 2005 24 January 2005)

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Table 11: New Legislative Projects initiated

Project Title
Rule Affected
Project no. FS 05/04 Removal of administrative barriers from Section 40.1.7 of the CAOs for the issue of a Flight Instructor (Aeroplane) Rating CAO 40.1.7
Project no. OS 05/07 Preventing the inadvertent authorisation of warbird flights over populated areas CAR 262AM and CASR 21.176
Project no. OS 05/06 Identification of aircraft type and model on an AOC CAO 82.1
Project no. OS 05/05 Maximum fuel capacity – Single Place Gyroplanes CAO Section 95.12 and CASR Part 200
Project no. AS 05/02 Standards for Helicopter Landing Sites (HLS) CASR Part 139, MOS for Part 139, CAR 92, CAAP 92-2
Project no. OS 05/04 Disclosure of certain issues associated with dormant AOCs CAO Part 82 series
Project no. OS 05/03 Administrative and operational requirements related to Light Sport Aircraft CAO Part 95 series (specifically CAO Parts 95.4, 95.12, 95.32, 95.54 and 95.55)
Project no. CS 05/01 Certification requirements related to the design, manufacturing and airworthiness of UAVs CAO Part 92
Project no. MS 05/02 Maintenance of Light Sport Aircraft (LSA) CAO Part 95
Project no. FS 05/01 Guidance on issuing aerobatic approvals and permissions Proposed CAAP 155-1 (0) and existing Flight Crew Licensing Procedures Manual
Project no. FS 05/02 Multi-engine aeroplane flight training CAAP 5.23-1(0)
Project no. FS 05/03 Guidelines for night VFR training and proficiency Proposed CAAP 5.13-2(0)
Project no. OS 05/02 Multi-engine helicopter operational performance standards CAO Section 20.7
Project no. MS 05/01 Appointment of the Head of Aircraft Airworthiness and Maintenance Control (HAAMC) – AOC entry control process CAO 82.0
Project no. OS 05/01 Post Implementation Review (PIR) – CASR Part 92 CASR Part 92
Project no. AS 05/01 AIP Book Legislative Support Various proposed CASRs (e.g. Part 91, Part 71)
Project no. AS 04/08 Australian Aircraft Equipment Survey Nil
Project no. MS 04/04 Amendment of CASR Part 47 to address SSCRO recommendations CASR Part 47
Project no. FS 04/02 Review of instrument rating and private IFR rating to conform with new ICAO naming convention (CAO 40.2.1 and CAO 40.2.3) CAO 40.2.1 and CAO 40.2.3
Project no. CS 04/08 Review of equipment and process control standards (CAO Parts 103 and 108) CAO 103 & 108
Project no. OS 04/04 Exemption of Eurocopter EC 665 from CAR and CASR (CAO 95 series). CAO 95 series
Project no. AS 04/07 PIR - Air traffic service providers (CASR Part 172). CASR Part 172
Project no. AS 04/06 PIR - Aeronautical telecommunication service and radionavigation service providers (CASR Part 171). CASR Part 171
Project no. AS 04/05 PIR - Air traffic services training providers (CASR Part 143). CASR Part 143
Project no. AS 04/04 PIR - Air traffic services licensing (CASR Part 65). CASR Part 65
Project no. MS 04/03 Airworthiness and maintenance control for aircraft conducting air experience and corporate operations (under CASR Part 132) CASR Part 132
Project no. CS 04/07 Proposed AC on Global Positioning System (GPS): general installation guidelines Advisory Circular 21-36
Project no. CS 04/06 Applicability of weight and performance limitations to special category aeroplanes CAO 20.7.1B
Project no. CS 04/05 Mandatory Compliance with Country-of-Origin ADs Rule affected: existing CASR Part 39

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