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Orders/Civil Aviation as amended, taking into account amendments up to Civil Aviation Order 104.0 Amendment Instrument 2012 (No. 1)
This instrument repeals and remakes Civil Aviation Order 104.0 (Certificates of approval — application and grant).
Administered by: Infrastructure and Transport
Registered 24 Apr 2012
Start Date 05 Apr 2012
End Date 30 Sep 2013
Table of contents.

Civil Aviation Order 104.0 (Certificates of approval — application, grant and conditions)

made under subregulation 30 (3) of the Civil Aviation Regulations 1988.

This compilation was prepared on 11 April 2012 taking into account amendments up to Civil Aviation Order 104.0 Amendment Instrument 2012 (No. 1).

Prepared by the Legislative Drafting Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.

Contents

Page

1A... Name of instrument................................................................................................................... 1

1..... Applicability.............................................................................................................................. 1

2..... Definitions................................................................................................................................ 2

3..... Application............................................................................................................................... 2

4..... Grant of certificate.................................................................................................................... 2

5..... Excluded system employees — conditions for COA training and assessment.............................. 3

6..... Excluded type employees — conditions for COA training and assessment.................................. 4

7..... Excluded type employees — manufacturer’s training and assessment......................................... 5

        Appendix 1   Excluded systems................................................................................................ 6

        Appendix 2   Excluded types..................................................................................................... 7

        Note to Civil Aviation Order 104.0............................................................................................. 10

 

1A       Name of instrument

    1A.1     This instrument is the Civil Aviation Order 104.0 (Certificates of approval — application, grant and conditions).

1          Applicability

       1.1     This Order applies to persons seeking or holding a certificate of approval of the kind referred to in regulation 30 of the Civil Aviation Regulations 1988.

2          Definitions

       2.1     In this Order:

ATA, followed by a number, is a code to indicate that the scope of an excluded system is the same as that described in the same code used in the publications of the Air Transport Association.

CAR 1988 means the Civil Aviation Regulations 1988.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

category B1 licence holder has the same meaning as in subregulation 66.010 (1) of CASR 1998.

category B2 licence holder has the same meaning as in subregulation 66.010 (1) of CASR 1998.

COA holder means a person who holds a certificate of approval under regulation 30 of CAR 1988 for maintenance of aircraft, aircraft components or aircraft materials.

E, followed by a number, is a CASA code used to identify the excluded system and is for reference only.

excluded system means an excluded system mentioned in Appendix 1.

excluded system employee means an employee of a COA holder who is a category B1 licence holder, or a category B2 licence holder, but whose licence does not permit maintenance on an excluded system mentioned in Appendix 1.

excluded type means a type of aircraft or aircraft engine mentioned in Appendix 2.

excluded type employee means an employee of a COA holder who is a category B1 licence holder, or a category B2 licence holder, but whose licence is not endorsed with a rating or part of a rating for maintenance on an aircraft or an aircraft engine mentioned in Appendix 2.

maintenance manual means the manual prepared for the carrying out of maintenance in accordance with regulation 39 of the Civil Aviation Regulations 1988.

3          Application

       3.1     Application for the grant of a certificate of approval under regulation 30 of the Civil Aviation Regulations 1988 must be made on the appropriate form.

       3.2     The application must be signed by the person seeking approval, by a member of a firm or, in respect of a registered company, by the Public Officer of the Company or under the seal of the Company.

4          Grant of certificate

       4.1     The holder of a certificate of approval is granted authority, in respect of the activities for which the certificate has been granted, to issue a release note for work carried out or for aircraft components and aircraft materials consigned.

       4.2     The holder of a certificate of approval granted in accordance with paragraph 3.4 of this Order is authorised under subregulation 41 (2) of the Civil Aviation Regulations 1988 to carry out maintenance of Australian aircraft outside Australian territory.

       4.3     The holder of an airline licence, who has been granted a certificate of approval, may grant authority to the following of the holder’s employees, subject to the provisions of paragraph 4.4 of this Order, to certify for completion of maintenance in relation to an aircraft to the extent shown:

(b)   any of the holder’s employees — to certify for completion of an inspection of an aircraft or aircraft component carried out by the holder of the certificate of approval being an inspection using a dye penetrant, eddy current, magnetic particle, radiographic or ultrasonic method.

       4.4     An employee must not be granted authority under the provisions of paragraph 4.3 unless the holder of the certificate of approval has:

(b)   ensured by written, oral or practical examination that the employee is competent to determine the satisfactory completion of the maintenance for which he or she is being granted authority to certify; and

(c)   specified in the holder’s maintenance manual, the person, or classes of persons, within the holder’s organisation who may, on the holder’s behalf, grant authority under paragraph 4.3 and the procedures to be observed for that purpose; and

(d)   a system which:

             (i)  will disclose who in the holder’s organisation granted authority to a person to make a particular certification; and

            (ii)  will disclose whether a certification made by a person granted authority by virtue of paragraph 4.3 is within the scope of the person’s authority; and

                 will indicate to a person signing his or her name on a maintenance document whether or not it constitutes a certification under regulation 34 of the Civil Aviation Regulations 1988.

5              Excluded system employees — conditions for COA training and assessment

       5.1     A COA holder may issue a certification authorisation to an excluded system employee (the employee) for carrying out maintenance on an excluded system mentioned in Appendix 1 in accordance with this subsection.

       5.2     A certification authorisation may only be issued once for the employee, and only for a period of 6 months.

       5.3     Before issuing the certification authorisation, the COA holder must provide, and the employee must successfully complete, training and assessment in the excluded system.

       5.4     The training and assessment mentioned in paragraph 5.3 must be in accordance with the COA holder’s quality control manual, as approved in writing by CASA for training and assessment in the excluded system.

       5.5     Before commencing the training and assessment mentioned in paragraph 5.3, the COA holder must be, in respect of maintenance on the excluded system to be performed by the employee:

(a)   a CASA delegate for subregulation 42ZC (6) of CAR 1988, who may authorise a person for the purposes of paragraph 42ZC (3) (d) or 42ZC (4) (e) (as the case requires); or

(b)   an authorised person for subregulation 42ZC (7), who may authorise a person for the purposes of paragraph 42ZC (3) (d).

       5.6     The COA holder must give a notice of completion of training and assessment (in the approved form) to the employee and to CASA as soon as the employee has done the following:

(a)   successfully completed the training and assessment in the excluded system; and

(b)   provided maintenance services that include the performing of maintenance certification or the issuing of certificates of release to service for maintenance under his or her certification authorisation, for a period of 6 months after commencement of the authorisation.

Note   Receipt of the notice will enable CASA to consider removal of the relevant exclusion from the employee’s rating.

6              Excluded type employees — conditions for COA training and assessment

       6.1     A COA holder may issue a certification authorisation to an excluded type employee (the employee) for carrying out maintenance on an excluded type of aircraft or aircraft engine mentioned in Appendix 2, in accordance with this subsection.

       6.2     However, a COA holder must not issue a certification authorisation mentioned in paragraph 6.1 for any aircraft engine mentioned in Appendix 2 whose reference is annotated with the words “MTO or CAR 327 only”.

Note   Annotated powerplants (engines) require CASA approved type training which may only be delivered by a CASR Part 147 maintenance training organisation (MTO), or by a COA holder to whom regulation 327 of CAR 1988 applies.

       6.3     A certification authorisation may only be issued once for the employee, and only for a period of 6 months.

       6.4     Before issuing the certification authorisation, the COA holder must provide, and the employee must successfully complete, training and assessment in the excluded type.

       6.5     The training and assessment mentioned in paragraph 6.3 must be in accordance with the COA holder’s quality control manual, as approved in writing by CASA for training and assessment in the excluded type.

       6.6     Before commencing the training and assessment mentioned in paragraph 6.3, the COA holder must be, in respect of maintenance on the excluded type to be performed by the employee:

(a)   a CASA delegate for subregulation 42ZC (6) of CAR 1988, who may authorise a person for the purposes of paragraph 42ZC (3) (d) or 42ZC (4) (e) (as the case requires); or

(b)   an authorised person for subregulation 42ZC (7), who may authorise a person for the purposes of paragraph 42ZC (3) (d).

       6.7     The COA holder must give a notice of completion of training and assessment (in the approved form) to the employee and to CASA as soon as the employee has done the following:

(a)   successfully completed the training and assessment in the excluded type; and

(b)   provided maintenance services that include the performing of maintenance certification or the issuing of certificates of release to service for maintenance under his or her certification authorisation, for a period of 6 months after commencement of the authorisation.

Note   Receipt of the notice will enable CASA to consider removal of the relevant exclusion from the employee’s rating or issuing a relevant rating.

7              Excluded type employees — manufacturer’s training and assessment

       7.1     A COA holder may issue a certification authorisation to an excluded type employee (the employee) for carrying out maintenance on an excluded type of aircraft or aircraft engine mentioned in Appendix 2 in accordance with this subsection.

       7.2     However, a COA holder must not issue a certification authorisation mentioned in paragraph 7.1 for any aircraft engine mentioned in Appendix 2 whose reference is annotated with the words “MTO or CAR 327 only”.

Note   Annotated powerplants (engines) require CASA approved type training which may only be delivered by a CASR Part 147 MTO, or by a COA holder to whom regulation 327 of CAR 1988 applies.

       7.3     A certification authorisation for the employee may only be issued once, and only for a period of 6 months.

       7.4     Before issuing the certification authorisation, the COA holder must be satisfied that the employee has been successfully trained and assessed by the manufacturer of the aircraft or the aircraft engine to perform maintenance on the aircraft or the aircraft engine.

       7.5     The manufacturer’s training and assessment mentioned in paragraph 7.4, and any additional or supplemental training and assessment by the COA holder, must be in accordance with the COA holder’s quality control manual as approved in writing by CASA for training and assessment under this subsection.

       7.6     Before permitting the employee to commence manufacturer’s training and assessment mentioned in paragraph 7.4, the COA holder must be, in respect of maintenance on the excluded type to be performed by the employee:

(a)   a CASA delegate for subregulation 42ZC (6) of CAR 1988, who may authorise a person for the purposes of paragraph 42ZC (3) (d) or 42ZC (4) (e) (as the case requires); or

(b)   an authorised person for subregulation 42ZC (7), who may authorise a person for the purposes of paragraph 42ZC (3) (d).

       7.7     The COA holder must give a notice of completion of training and assessment (in the approved form) to the employee and to CASA as soon as the employee has done the following:

(a)   successfully completed the manufacturer’s training and assessment; and

(b)   provided maintenance services that include the performing of maintenance certification or the issuing of certificates of release to service for maintenance under his or her certification authorisation, for a period of 6 months after commencement of the authorisation.

Note   Receipt of the notice will enable CASA to consider removal of the relevant exclusion from the employee’s rating or issuing a relevant rating.

Appendix 1         Excluded systems

Note   Excluded systems are sometimes described with the prefix “Excluded”.

E6          Avionic LRUs

E11        Audio CVR systems

E12        Propellers

E13        Hydraulics — ATA29

E14        Vapour cycle air-conditioning aspects of ATA21

E15        Air-conditioning aspects of ATA21

E16        Pressurisation aspects of ATA21

E18        ADF systems

E19        VOR systems

E20        ILS systems

E21        Weather radar systems

E22        ATC transponder systems

E23        Radio altimeter systems

E24        DME systems

E25        Doppler systems

E26        Satellite navigation systems

E27        Autopilots

E28        Multi-axis autopilots

E29        Remote indicating compass systems

E30        Inertial navigation and reference systems

E31        Pressurisation systems

E32        Electrical systems in aircraft equipped with multi-generator powered systems

E33        Supercharging

E34        Digital systems

E35        Pressurised structures

E36        Carburettor systems

E37        Fuel injection systems

E38        Turbo supercharging systems

E39        Airframe ice protection systems

E40        Airframe fire protection systems

E41        Oxygen systems

E42        Landing gear retraction systems

E43        Fabric other than flight controls

E44        Wiring repairs

Appendix 2         Excluded types

PART 1 – AEROPLANES

Type certificate holder

Aeroplane model

Name

Type rating endorsement

BAE SYSTEMS

Jetstream 3101

Jetstream 3202

Jetstream 31

Jetstream 32/32EP

Jetstream 31/32
(Honeywell TPE331 MTO or CAR 327 only)

HAWKER BEECHCRAFT Corporation

300

300LW

B300

B300C

Super King Air

Super King Air

Super King Air 350

Super King Air 350 C

Beech 300 Series
(PWC PT6 MTO or CAR 327 only)

1900

1900C (C-12J)

1900D

Airliner

Beech 1900
(PWC PT6 MTO or CAR 327 only)

M7 AEROSPACE LP

SA226-T

SA226-TC

SA226-AT

SA226-T(B)

 

Fairchild SA226
(Honeywell TPE331 MTO or CAR 327 only)

SA227-AT

SA227-TT

SA227-CC

SA227-DC

 

Fairchild 227
(Honeywell TPE331 MTO or CAR 327 only)

SA227-AC

SA227-BC

Swearingen Metro

SA227-PC

Swearingen Metro

Fairchild SA227 Metro III
(PWC PT6 MTO or CAR 327 only)

McDONNELL DOUGLAS Corporation

DC3-G102

DC3-G102A

DC3-G103A

DC3-G202A

 

McD DC3
(Wright R1820)

DC3A-SCG

DC3A-SC3G

DC3A-S1CG

DC3A-S1C3G

DC3A-S4C4G

DC3C-SC3G

DC3C-S1C3G – S4C4G

DC3C-R-1830-90C

DC3D-R-1830-90C

 

McD DC3
(PW R1830)

DC-4

 

McD DC4 (PW R2000)

PILATUS AIRCRAFT

PC-12

PC-12/45

PC-12/47

PC-12/47E

 

Pilatus PC-12
(PWC PT6 MTO or CAR 327 only)

SOCOTA

G73

 

Grumman G73
(PWC PT6 MTO or CAR 327 only)

Note   Annotated powerplants require CASA approved type training.

 

PART 2 – HELICOPTERS

Type certificate holder

Aeroplane

model

Name

Type rating endorsement

AGUSTA

A.B.212

 

Bell 212/Agusta AB212
(PWC PT6 MTO or CAR 327 only)

BELL HELICOPTER TEXTRON

212

 

222SP

 

Bell 222
(RR Corp 250 MTO or CAR 327 only)

222

222B

222U

 

Bell 222
(Honeywell LTS 101 MTO or CAR 327 only)

412

412EP

412CF

 

Bell 412/Agusta AB412
(PWC PT6 MTO or CAR 327 only)

AGUSTA

A.B.412

A.B.412 EP

 

BELL HELICOPTER
CANADA

230

Executive/Utility/
EMS

Bell 230
(RR Corp 250 MTO or CAR 327 only)

BELL HELICOPTER
TEXTRON

430

 

Bell 430
(RR Corp 250 MTO only)


 

PART 2 – HELICOPTERS

Type certificate holder

Aeroplane

model

Name

Type rating endorsement

EUROCOPTER

SA 365 N

Dauphin 2

Eurocopter SA 365 N
(Turbomeca Arriel 1
MTO or CAR 327 only)

SA 365 N1

SA 365 N2

 

Eurocopter SA 365 N1, AS 365 N2
(Turbomeca Arriel 1
MTO or CAR 327 only)

Note   Annotated powerplants require CASA approved type training.

Note to Civil Aviation Order 104.0

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this document comprises Civil Aviation Order 104.0 Instrument 2007 amended as indicated in the Table below.

Table of Orders

Year and
number

Date of registration on FRLI

Date of
commencement

Application, saving or
transitional provisions

CAO 104.0 Instrument 2007

21 December 2007 (see F2007L04877)

22 December 2007 (see s. 2)

 

CAO 104.0 2011 No. 1

22 June 2011 (see - F2011L01189)

27 June 2011

 

CAO 104.0 2012 No. 1

4 April 2012  (see - F2012L00789)

5 April 2012

 

 



Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

subs. 1A

ad. CAO 104.0 2012 No. 1

subs. 1

am. CAO 104.0 2012 No. 1

subs. 2

am. CAO 104.0 2012 No. 1

subs. 3

am. CAO 104.0 2012 No. 1

subs. 4

am. CAO 104.0 2011 No. 1

subs. 5

ad. CAO 104.0 2012 No. 1

subs. 6

ad. CAO 104.0 2012 No. 1

subs. 7

ad. CAO 104.0 2012 No. 1

Appendix I

rep. CAO 104.0 2012 No. 1

Appendix 1

ad. CAO 104.0 2012 No. 1

Appendix II

am. CAO 104.0 2011 No. 1

rep. CAO 104.0 2012 No. 1

Appendix 2

ad. CAO 104.0 2012 No. 1