Notice of Final Rule Making
- A Proposal to Modernise and Harmonise Rules for the Maintenance of Australian Aircraft and Aviation Personnel Licensing
The CARs and Civil Aviation Orders (CAOs) were enacted in 1988, replacing the Air Navigation Regulations and Air Navigation Orders.
In June 1996, CASA initiated the Regulatory Framework Program to review and rewrite the CARs and CAOs. The proposed new legislation was to be called the Civil Aviation Safety Regulations and was intended to consolidate the existing Regulations and Orders in one body thereby reducing the number of levels of legislation under the Civil Aviation Act 1988.
Another aim of the review was to establish closer compliance with the International Civil Aviation Organization’s Standards and Recommended Practices and to harmonise with the safety requirements of other National Airworthiness Authorities by removing, wherever practicable, maintenance requirements and terminology which was unique to Australia. The revision has been a continuing process of consultation, revision and further consultation since 1996, with NPRMs being published in 1999, 2001, 2002 and 2004.
In late 2005, the Chief Executive Officer of CASA directed that a joint CASA/Industry team be established to develop a suite of maintenance regulations modelled on the structure which had been pioneered by the European Aviation Safety Agency (EASA). As a result of that direction, CASA (on 31 October 2006) published 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 Regulations 1988 (CASRs).
NPRM 0604MS introduced, and invited public comments on a proposed regulatory framework for:
- a modernised aircraft maintenance certification licence structure;
- an integrated national set of standards for approval of aircraft maintenance training organisations;
- maintenance regulations that harmonise with international Authorities and facilitate modernisation and technological change within the Australian aviation industry; and
- an internationally harmonised aircraft maintenance organisation structure.
The period for public comment on the proposals contained in NPRM 0604MS closed on 27 November 2006. During the consultation period, CASA received 85 responses to the initial NPRM. The proposals in NPRM 0604MS were generally well accepted by industry participants who had some prior experience of EASA, particularly the airlines and their maintenance organisations.
Based on the feedback received after publication of the NPRM, CASA carried out further development of the draft Regulations incorporating some submissions that arose out of the consultation process. It became evident during this process that Australian legislative format protocols could not accommodate some aspects of the European regulatory style.
In order to reconcile the two differing styles while retaining the original policy intent of the NPRM, CASA, in consultation with the Attorney-General’s Office of Legislative Drafting and Publishing, restructured the draft CASRs to empower the use of Manuals of Standards (MOS). On 6 November 2009, CASA published consultation drafts of CASR Parts 42, 66, 145 and 147 and their associated MOSs to seek further comments in relation to how the draft Regulations and MOSs addressed the policies previously consulted in NPRM 0604MS. The closing date for these comments was 18 December 2009.
CASA reviewed all the comments received and as a consequence of this review of public comments, made further amendments to the final legislation.
Contact: Nick Ward, Project Leader
NFRM published: 25 February 2011
- NFRM 0604MS — Preamble
- NFRM Annex A — Consolidated summary of comments/responses received, CASA's response and disposition actions to NPRM 0604MS and Consultation Draft CASR Parts 42, 66, 145 and 147
- NFRM Annex B — Civil Aviation Safety Regulations (CASRS) for Parts 42, 66, 145 and 147
- NFRM Annex C — MOS Part 42 - Continuing airworthiness
- NFRM Annex D — MOS Part 66 - Maintenance personnel licensing
- NFRM Annex E — MOS Part 145 - Approved maintenance organisations
- NFRM Annex F — MOS Part 147 - Maintenance training organisations