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CASA EX60/20 Exemptions as made
This instrument uses an exemption to expedite the modification and simplification of certain legislative procedures and, thereby, allow for the more flexible and effective use of certain specialist maintenance organisations by aircraft maintenance organisations. Eventually, these modifications will be provided for in amendment regulations and the temporary expedient of the exemption will no longer be required.
Administered by: Infrastructure, Transport, Regional Development and Communications
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 15
Registered 27 May 2020
Tabling HistoryDate
Tabled HR10-Jun-2020
Tabled Senate10-Jun-2020
To be repealed 30 Apr 2023
Repealed by Self Repealing

Instrument number CASA EX60/20

I, Shane Patrick carmody, Director of Aviation Safety, on behalf of CASA, make this instrument under regulations 11.160 and 11.245 of the Civil Aviation Safety Regulations 1998.

[Signed S. Carmody]

Shane Carmody
Director of Aviation Safety

25 May 2020

CASA EX60/20 – CRS and SM CRS Document to Cover Specialist Maintenance by a Class D AMO – Instrument 2020

1          Name

                 This instrument is CASA EX60/20 – CRS and SM CRS Document to Cover Specialist Maintenance by a Class D AMO – Instrument 2020.

2          Commencement

                 This instrument:

(a)   commences on the day after it is registered; and

(b)   is repealed at the end of 30 April 2023.

3          Definitions

                 In this instrument, words and phrases have the same meaning as in the Civil Aviation Safety Regulations 1998 (CASR).

4          Application

                 This instrument applies to:

(a)   a Category A rated approved maintenance organisation (a CAT A AMO) for whom a Category D1 or D2 rated AMO (a CAT D1 or D2 AMO) (as appropriate) has carried out specialist maintenance; and

(b)   the CAT D1 or D2 AMO mentioned in paragraph (a).

5          Exemption — Category A rated AMO

        (1)     A CAT A AMO is exempted from the requirements of the provisions mentioned in subsection (2) but only to the extent that the CAT A AMO’s certificate of release to service (CRS) for an aircraft in relation to line or base maintenance on the aircraft:

(a)   may be taken to cover any specialist maintenance, in the form of non‑destructive testing or welding, carried out by a CAT D1 or D2 AMO that has issued a specialist maintenance certificate of release to service document (an SM CRS document) to the CAT A AMO for that specialist maintenance; and

(b)   may be issued although it may not be a CRS in accordance with regulation 42.760 of CASR only because of its reliance on the SM CRS document.

        (2)     For subsection (1), the provisions are the following:

(a)   subregulations 42.725 (1) and (2) of CASR;

(b)   regulation 42.730 of CASR;

(c)   paragraph 42.745 (a) of CASR — but only in relation to paragraph 42.760 (1) (c) in respect of the employees of the CAT D1 or D2 AMO who carried out the specialist maintenance;

(d)   paragraph 42.760 (1) (c) — but only in respect of the employees of the CAT D1 or D2 AMO who carried out the specialist maintenance;

(e)   subparagraph 145.A.55 (c) 2 of the Part 145 Manual of Standards (MOS), but only in respect of a CRS issued in compliance with this instrument.

6          Exemption — Category D1 or D2 rated AMO

        (1)     A CAT D1 or D2 AMO is exempted from the requirements of the provisions mentioned in subsection (2), but only to the extent that, in accordance with this instrument, the CAT D1 or D2 AMO issues a CAT A AMO with an SM CRS document in relation to the specialist maintenance mentioned in paragraph 5 (1) (a).

        (2)     For subsection (1), the provisions are the following:

(a)   subregulations 42.725 (1) and (2);

(b)   paragraph 145.A.50 (a) of the Part 145 MOS.

7          Direction

        (1)     This direction applies to:

(a)   a CAT A AMO which issues a CRS in reliance on an SM CRS document given under this instrument; and

(b)   a CAT D1 or D2 AMO which carries out specialist maintenance for a CAT A AMO mentioned in paragraph (a).

        (2)     I direct that each AMO mentioned in paragraph (1) (a) or (b) must retain a copy of any document it issues, gives, or receives under this instrument for a period of at least 24 months after the creation of the document.

Note   The documents include the relevant contract, SM CRS documents, specialist maintenance records and Adverse Matters Reports.

        (3)     I direct that each AMO mentioned in paragraph (1) (a) or (b) must retain, for a period of at least 12 months after expiry or termination of the contract mentioned in clause 2 of Schedule 1, a copy of:

(a)   its approved procedures mentioned in clause 8 of Schedule 1; and

(b)   the other party’s approved procedures mentioned in paragraph 10 (c) of Schedule 1.

8           Conditions

                 The exemptions under sections 5 and 6 are subject to the conditions set out in Schedule 1.

Schedule 1 — Conditions

        1     A CAT A AMO and a CAT D1 or D2 AMO must each be approved in writing by CASA for the purposes of this instrument.

Note   For the purposes of this instrument, it is unlikely that the requirements of aviation safety, including for effective coordination and control of relevant maintenance activities, could be achieved by a CAT D1 or D2 AMO without a permanent facility. See the CASA acceptable means of compliance, explanatory materials, and related guidance about this instrument published on the CASA website.

        2     Subject to clause 10, there must be a written contract between the CAT A AMO that is carrying out the line or base maintenance, and the CAT D1 or D2 AMO, with respect to the specific specialist maintenance that the CAT D1 or D2 AMO is expected to deliver as part of that line or base maintenance.

        3     On completion of the specialist maintenance, the CAT D1 or D2 AMO must make a specialist maintenance record which records the following:

(a)   the registration mark of the aircraft on which the specialist maintenance was carried out;

(b)   the date and time when the specialist maintenance was completed;

(c)   a detailed description of the specialist maintenance carried out, including reference to, for example, relevant work orders, contractual arrangements invoices;

(d)   the part numbers and serial numbers for any parts installed on the aircraft in the course of the specialist maintenance;

(e)   information which identifies the maintenance data for the specialist maintenance;

(f)    the results of the specialist maintenance, the aircraft’s consequential status, and any other related airworthiness information that would indicate a risk to aviation safety;

(g)   information which identifies, and allows the tracing of, specialist or significant equipment or tooling used for the specialist maintenance;

(h)   the identity of each certifying employee responsible for the specialist maintenance, including the person’s name, certification authorisation number and signature;

(i)    the identity of the CAT D1 or D2 AMO under whose CASA approval rating the specialist maintenance was completed, including the approval certificate reference number;

(j)    whether the specialist maintenance has all been completed in accordance with the relevant maintenance data;

Note   Maintenance data has the same meaning as in clause 15 in Part 3 of the CASR Dictionary.

(k)   both of the following:

             (i)  whether the CAT A AMO’s work order for the specialist maintenance included prescribed limitations, arising from any of the following:

(A)  the aircraft’s instructions for continuing airworthiness (ICA) for the specialist maintenance;

(B)   the CAT A AMO’s instructions; and

            (ii)  if so, what the prescribed limitations were; and

Note   Instructions for continuing airworthiness has the same meaning as in clause 10 in Part 3 of the CASR Dictionary.

(l)    any known defects or non-conformances in relation to the specialist maintenance (whether or not they are within the prescribed limitations);

(m)  a statement that identifies the document as a specialist maintenance record for the purposes of this instrument.

        4     A relevant CRS issued by the CAT A AMO must comply with regulation 42.760 (other than paragraph 42.760 (1) (c)).

        5     A relevant SM CRS document issued by the CAT D1 or D2 AMO must comply with the following provisions of CASR as if the provisions applied to the AMO:

(a)   regulation 42.745;

(b)   subregulation 42.760 (1) only.

        6     The CAT D1 or D2 AMO must comply with subregulation 42.750 (1) of CASR:

(a)   as if it applied to the AMO; and

(b)   as if the reference to a CRS was a reference to an SM CRS document.

        7     An SM CRS document must be:

(a)   in an approved form as contained in the exposition of the CAT D1 or D2 AMO; or

(b)   in another form:

             (i)  as contained in the exposition of the CAT D1 or D2 AMO; and

            (ii)  approved in writing by CASA; and

           (iii)  treated in the same way, and subject to the same requirements, as an approved form.

        8     The CAT A AMO and the CAT D1 or D2 AMO must have written procedures, approved in writing by CASA, to ensure that:

(a)   the conditions set out in this Schedule are complied with; and

(b)   there is proper coordination and control of all maintenance activities whose certification will rely on this instrument.

        9     On completion of the specialist maintenance, if and only if:

(a)   the specialist maintenance has all been completed in accordance with the maintenance data; and

(b)   if there are any known defects or non-conformances in relation to the specialist maintenance — the known defects or non-conformances are within all of the prescribed limitations (if any); and

(c)   there is no airworthiness information about the aircraft’s status and the specialist maintenance results, arising from or during the course of the specialist maintenance, which would indicate a risk to aviation safety;

              then the CAT D1 or D2 AMO must issue the CAT A AMO with a document that:

(d)   is a specialist maintenance — certificate of release to service document, whether it is so called, or is identified as a CRS for specialist maintenance issued under this exemption, or is given some other similar name or description; and

(e)   includes the specialist maintenance record made under clause 3; and

(f)    is signed by each person mentioned in paragraph 3 (h).

      10     The written contract referred to in clause 2 must specify:

(a)   that the specialist maintenance must be carried out in accordance with:

             (i)  the relevant maintenance data for the aircraft; and

            (ii)  any prescribed limitations; and

(b)   that only a document that fully complies with the requirements of this instrument constitutes an SM CRS document; and

(c)   that if an SM CRS document cannot be issued because of any of the following (adverse matters):

             (i)  the specialist maintenance has not all been completed in accordance with the maintenance data;

            (ii)  there are known defects or non-conformances in relation to the specialist maintenance that are outside the prescribed limitations;

           (iii)  there is airworthiness information about the aircraft’s status and the specialist maintenance results, arising from or during the course of the specialist maintenance, which would indicate a risk to aviation safety;

        then the CAT D1 or D2 AMO must, as soon as practicable, give the CAT A AMO a detailed report (an Adverse Matters Report) identifying and explaining the relevant adverse matters and including all of the information recorded in the specialist maintenance record; and

(d)   the CAT D1 or D2 AMO, and the CAT A AMO, must each provide the other with a copy of its approved procedures mentioned in clause 8.

      11     The written contract referred to in clause 2 is taken to include the terms of each work order from the CAT A AMO to the CAT D1 or D2 AMO.