Project MS 12/37 - Amendment of the CASR Part 145 Manual of Standards (MOS) - various amendments
Project closed 25 November 2014.
The Part 145 Manual of Standards Amendment Instrument 2014 (No. 1) was made (signed) on 26 September 2014 and registered on 2 October 2014.
There are several amendments required to the MOS as outlined below to provide further clarification to this document:
- The mention of the CEO within subparagraph 145.A.70 (a) 1 of the Part 145 MOS has led to confusion as to who can sign off on the exposition, given the varied nature of organisation structures. CASA intends to standardise the definition of Accountable Manager between the Parts 66, 145 and 147 at the next regulatory drafting opportunity, such that it reflects the outcome required of an accountable manager position. In the shorter term CASA will remove the mention of the CEO from the Part 145 MOS provision.
- Appendix III of the Part 145 MOS requires that for individuals to be authorised as Base Maintenance Certifying Employees, the individual must demonstrate eight years' maintenance experience. The intent of the provision was to require eight years' maintenance experience for individuals who were to be authorised for the issue of a Certificate of Release to Service (CRS); to be aligned with the EASA Base maintenance certifying employee requirements. However under Australian legislation where Maintenance Certification for all work must be completed prior to the issue of the CRS, the intent was to require five years' maintenance experience for individuals who are to be authorised to perform Maintenance Certification, as for Line Maintenance; and eight years for authorisation for individuals who are to be authorised to issue the CRS.
- Paragraph 145.A.70 (a) 11 requires the exposition to include the AMO's procedures for 'notifying CASA of significant changes to the AMO'. This has led to confusion with regards to the requirement specified in subregulation 145.050 (1), which requires that an 'organisation must apply to CASA for approval of the change' and subregulation 145.050 (3) which subject to subregulation 145.050 (4), requires that 'the application must be made before the change is made'.
- There has been inadvertent preclusion by the MOS of an AMO's ability to authorise Category A Licence holders because they don't have ratings on the licence; and inadvertent prevention by the MOS of an AMO's ability to authorise holders of ICAO Annex I type foreign Maintenance Engineers' licence where the licence held does not cover a scope equivalent to the full rating under Part 66.
- Improved flexibility is required for CASA to more easily implement changes to the list of MELs & maintenance that a Cat A licence holder may be authorised to action.
- Flexibility is needed to authorise Cat A Licence holders for line maintenance tasks that CASA agrees are simple tasks.
- CASA intends to approve Part 145 Organisations for specialist maintenance 'D' Ratings for Non Destructive Testing (D1) or Welding (D2) or for other specialist maintenance fields such as composite repair and aircraft surface finishing (including painting & plating) under a 'D3' Rating. CASA may also approve IFE software, on-wing engine maintenance, borescope inspections and interior furnishing (seats) as specialist maintenance for organisations for specialist maintenance under their 'A', 'B' or 'C' rating. The list of specialist maintenance fields for which CASA would issue approval at paragraph 145.A.30 (f) requires updating. Appendix I may require updating to reflect regulatory intent.
- AMOs may be required to provide maintenance services at locations not previously foreseen or anticipated, on a temporary basis. CASA intends that for the addition of a permanent location, the AMO should apply to CASA for approval of the location as per CASR 145.010; however Part 145 MOS needs clarification to show that an AMO may assess and approve a location as a temporary location for the provision of maintenance services in accordance with an exposition procedure.
- Part 145 MOS adopted the policies and terminology of both the previous legislative provisions and those of EASA regarding the engagement of other organisations by an AMO for the provision of maintenance that the AMO was not able to provide. Consequently the MOS refers to Subcontractor[s] in a number of places, whereas the safety outcomes required are independent of the type of arrangement used for the engagement.
- The wording of subparagraph 145.A.30 (k) 2. has resulted in uncertainty in situations where there are more than one regulatory authority in a country where an AMO is located. For example in China there are three NAAs who issue Maintenance licences. All Chinese NAA issued Maintenance Licences are ICAO Annex 1 licences. Uncertainty exists as to whether a HKCAD issued Maintenance Licence is acceptable for a Mainland Chinese AMO. CASA Standards policy is that holders of licences issued by any Chinese NAA will be acceptable for authorisation by any Chinese AMO.
- The Part 145 MOS provides at 145.A.60 (a) that an AMO must have an internal reporting system described as utilising 'Just Culture' reporting principles. However, Just Culture means different things to different people. CASA is revising the wording to use the term 'fair and open reporting culture'.
- Paragraph (e) of Part 145 MOS Appendix III was not intended to prescribe Part 66 aircraft type training levels for specialist maintenance certifying employees. Clarification is needed that the prescription is intended for those maintenance certifying employees whose authorisation is issued under 145.A.30 (k), which is predicated upon a Part 66 (or equivalent) licence held.
- Subparagraph 145.A.65 (d) 1 (iv) requires an implementation plan as part of the AMO's SMS. The SMS Implementation Plan as approved is vulnerable to change by an AMO after its approval by CASA. The implementation plan is required to remain consistent with CASA approved time-lines and details.
- Uncertainty within the industry exists as to which of the provisions of section 145.A.37 correspond to Permitted Training as defined in the CASR dictionary, and in particular, for which regulation 145.010 defines the changes for, as being a significant change.
- Appendix II introduction can be simplified. The detail provided is a replication of legislative provisions better articulated in CASR Part 66.
- The Part 145 MOS definition of a main location should be clarified to include the location (or locations) that the applicant for Part 145 application nominates as being their primary permanent maintenance location; and any location at which the applicant proposes to conduct base maintenance. As a consequence of this, subparagraph 145.A.70 (a) 8 may be simplified to say that the exposition must include the addresses and a description of the facilities at each main location.
- Points for amendment or clarification of legislative intent as identified by Legal Services.
- The ability to provide facilities to control the environment in circumstances such as a dust storm is impractical. The intent was to allow the risk of contamination to be mitigated and controlled through procedures where facilities cannot. CASA previously provided this through AMC; however AMC should not be seen to detract from a legislative provision.
- For permitted training an AMO must, after having authorised an permitted training recipient, submit a report to CASA at the end of the 6-month authorisation period. CASA will then remove the exclusion from the employee's licence. There is concern that the period of time it takes CASA to provide the exclusion removal will cause a period of capability reduction for the AMO.
- For Permitted Training, an AMO must have exposition procedures for the training and the employees authorised under 145.A.37 (b) & (c) must have been trained in accordance with those procedures. There is no MOS provision to ensure this.
- Category A task training may be provided by either the employee's AMO or by an ATO, as indicated in paragraph 145.A.35 (n); paragraph 145.A.35 (p) omits this provision.
- The Part 145 MOS currently requires that an AMO must have procedures to ensure that if anything in ICA is identified as; or is reasonably believed to be inaccurate, incomplete or ambiguous, then the AMO must communicate the problem to the author of the ICA. However in many cases the party responsible for the ICA will be the CAMO that contracted the AMO for that maintenance. Industry requests that the AMO may communicate the problem with the CAMO if appropriate.
- Minor requirements for correction of referencing, typographic errors and omissions are identified for correction at this opportunity.
To amend the Part 145 MOS as indicated in the issues section.
CASR PART 145
This project was re-approved by: Peter Boyd, Executive Manager, Standards Division on 17 June 2013.
Standards Consultative Committee (SCC)
|Consultation updates in 2013|
|Consultation Draft for proposed amendments to Part 145 Manual of Standards (MOS)
||Comments on this Consultation Draft are to be forwarded to the project leader, David Skeoch by close of business 22 October 2013.||24 Sept 2013|