Explanatory Statement

Civil Aviation Regulations 1988

Authorisation — pilot maintenance on class B rotorcraft

Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General
to make regulations for the Act and in the interests of the safety of air navigation.

Legislation
Regulation 42ZC of the Civil Aviation Regulations 1988 (CAR 1988) describes in
detail who may perform maintenance on an Australian aircraft in Australian territory.
Subregulation 42ZC(4) addresses who may carry out maintenance on a Class B
aircraft. A Class B aircraft is one that is not a Class A aircraft. A Class A aircraft is
one that is certificated in the transport category or one operated under an air
operator’s certificate in regular public transport operations. Among those mentioned
in subregulation 42ZC(4) is a person authorised by CASA, for the purpose, under
subregulation 42ZC(6).

Regulation 42ZE provides that a person who carries out maintenance on an Australian
aircraft in Australian territory must ensure that completion of the maintenance is
appropriately certified. Under subregulation 42ZE(1) of CAR 1988, a person who
carries out maintenance on an Australian aircraft in Australian territory must ensure
that completion of maintenance is certified in accordance with the approved system of
certification of completion of maintenance, or the CASA system of certification of
completion of maintenance. These systems normally require certification to be made
immediately after the maintenance is completed. Thus, certification is to occur at the
time the maintenance is completed.

Background
Instrument CASA 153/11 authorised the pilot of a Class B aircraft manufactured by
Eurocopter to carry out maintenance involving daily operating checks listed in the
manufacturer’s flight manual. Conditions applied, including that the pilot must have
been trained by a licensed aircraft maintenance engineer.

An airworthiness directive issued by the European Aviation Safety Agency and the
flight manual of some rotorcraft allow similar types of maintenance by the pilot of the
aircraft. In light of these developments, CASA has decided to revoke CASA 153/11
and replace it with a generic authorisation that allows suitably trained pilots to carry
out certain inspections to confirm serviceability of class B rotorcraft.

Legislative Instruments Act

The instrument applies to a class of persons, namely pilots of rotorcraft that are
class B aircraft, and is considered to be legislative in character. As a legislative
instrument, it is subject to tabling and disallowance in the Parliament under
sections 38 and 42 of the Legislative Instruments Act 2003 (the LIA).

Consultation
CASA considers that external consultation is unnecessary and not appropriate for the
following reasons. The instrument is not likely to have any direct, or substantial
indirect, adverse effect on business or to restrict competition or to reduce aviation
safety. The instrument is, in its scope and intent, less restrictive than the applicable

Explanatory Statement to F2013L00756

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regulations. Due to the incorporated limitations and conditions, it provides the same
level of aviation safety as the regulations.

The instrument does not replace the applicable regulations and instead provides
another way to comply with the regulations. Aviation operators are not required to
utilize the authorisation contained in the instrument and may instead comply with the
existing regulations.

This instrument revokes another instrument, CASA 153/11. The scope of the
authorisation in CASA 153/11 falls within the scope of this instrument. Therefore, the
revocation of CASA 153/11 is not likely to have any direct, or substantial indirect,
adverse effect on business or to restrict competition or to reduce aviation safety.

Office of Best Practice Regulation (OBPR)

The OBPR assessed that the proposed amendments are minor in nature and that no
further analysis in the form of a Regulation Impact Statement was required
(OBPR ID: 14972).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Making and commencement

The instrument has been made by the Director of Aviation Safety, on behalf of
CASA, in accordance with subsection 73 (2) of the Act.

The instrument comes into effect on the day of registration. It stops having effect at
the end of April 2016 as if it had been repealed by another instrument.

[Instrument number CASA 67/13]

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Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

Authorisation — pilot maintenance on class B rotorcraft

This legislative instrument is compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The legislative instrument permits suitably trained pilots of rotorcraft, other than
rotorcraft that are certificated in the transport category or are under an air operator’s
certificate for regular public transport operations, to carry out maintenance on those
aircraft in the form of specified types of inspection.

The primary purpose of the legislative instrument is to allow pilots to conduct these
inspections that are recognised by the manufacturer or national aviation authority of
the aircraft, subject to conditions imposed in the interests of aviation safety.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any
human rights issues.

Civil Aviation Safety Authority

Explanatory Statement to F2013L00756