Civil Aviation Order 100.23 Instrument 2007 (as amended)

made under regulation 33B of the Civil Aviation Regulations 1988.

This compilation was prepared on 28 May 2009 taking into account amendments up to Civil Aviation Order 100.23 Amendment Order (No. 1) 2009.

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

Contents

Airworthiness authorities — General

Page

1 Authority classes and ratings 

2 Requirements for issue 

3 Examination 

4 Period of validity 

5 Withdrawal or cancellation of authority 

6 Examiner authorities in dual holders of CAR 30 and recognised organisation approvals 

 Note to Civil Aviation Order 100.23 

1 Authority classes and ratings

  Airworthiness authorities will be issued in the following classes and, where applicable, rated in accordance with the appropriate practices or Civil Aviation Orders:

Maintenance Authority Civil Aviation Order 100.24;

Aircraft Maintenance Engineer Civil Aviation Order 100.26;
Examiner Authority

Non-Destructive Testing Authority Civil Aviation Order 100.27;

Aircraft Weight Control Authority Civil Aviation Order 100.28.

2 Requirements for issue

 2.1 An applicant for an airworthiness authority must complete:

Form 350 Application for Initial Issue or Amendment to Scope of a Maintenance Authority; or

Form 636 Application for Initial Issue and Additional Entitlements on an Aircraft Maintenance Engineer Examiner Authority; or

Form 378 Application for Initial Issue of, or Additional Method to, a Non‑Destructive Testing Authority; or

Form 377 Application for Initial Issue or Amendment of an Aircraft Weight Control Authority;

  as applicable and forward it to the field office of the Civil Aviation Safety Authority of the State or Territory in which he is resident. Where particular experience and/or qualifications are specified in the relevant Order, full details of such experience and qualifications must be supplied with the application.

 2.2 The issue of an authority to an applicant may be refused if he has a disability likely to affect his technical skill or judgment.

 2.3 Unless otherwise approved, an applicant for an authority must:

(a) be at least 21 years of age; and

(b) be able to read, write and speak the English language; and

(c) possess such experience as is required by the Director; and

(d) pass such examinations as are required by the Director.

 2.4 An applicant may be required to be interviewed to determine his eligibility to complete any written, oral or practical examination relevant to the issue, extension or renewal of an authority.

3 Examination

 3.1 Subject to approval to the contrary, an applicant will be examined in accordance with the requirements detailed in the applicable Civil Aviation Order. Where an applicant fails to obtain a pass in an examination, a further attempt may be made at the discretion of the examiner and subject to such conditions as he or she may specify.

 3.2 Examinations for the issue or extension of authorities will be arranged individually for applicants. Regular periodic examinations for authorities are not provided.

 3.3 The holder of an authority may, at any time, be required to undergo an examination in respect of any rating endorsed on the authority.

4 Period of validity

 4.1 The period for which an authority is valid will depend upon the purpose for which it is issued, and will be specified in the authority. The period will generally not exceed 2 years.

 4.2 Upon application by the holder, an authority may be renewed subject to such of the conditions relating to an original issue as are appropriate.

 4.3 During the period of validity of the authority, the holder must notify, in writing, the appropriate field office of any change of address to which communications, under the Civil Aviation Regulations 1988 and the Civil Aviation Orders, may be sent.

 4.4 The holder of an authority who has a disability, that is likely to affect his or her technical skill or judgment, must not exercise the privileges of the authority.

5 Withdrawal or cancellation of authority

  An authority may be withdrawn, or cancelled, in any of the following circumstances:

(a) where the reason for issue of the authority no longer exists; or

(b) where the Director is satisfied that the withdrawal, or cancellation, is in the public interest; or

(c) where the holder of the authority is no longer considered competent by the Director; or

(d) at the request of the holder.

6 Examiner authorities in dual holders of CAR 30 and recognised organisation approvals

 6.1 In this subsection, unless the contrary intention appears, the following words and phrases have the same meaning as in Civil Aviation Order (CAO) 100.66:

  employee; exposition; knowledge examiner; recognised organisation.

 6.2 This subsection applies to an employee (CAR 30 examiner) of an organisation that holds a current certificate of approval under regulation 30 of CAR 1988 mentioned in subsection 6.3 (CAR 30 holder) provided the organisation is also a current recognised organisation (RO).

 6.3 For subsection 6.2, the certificate of approval under regulation 30 of CAR 1988 must be one that is endorsed for the conduct of aircraft maintenance engineer licence examinations.

 6.4 For this Order, if the employee meets the requirements of this subsection, he or she is not required to hold an aircraft maintenance engineer examiner authority in order to exercise the following privileges (examiner privileges):

(a) the preparation and maintenance of an examination question library;

(b) the marking of candidates’ specific type examinations;

(c) the review and analysis of examination results;

(d) the approval of examination results.

Note   These are the privileges mentioned in subparagraphs 2 (a), (c), (d) and (e) of CAO 100.26.

 6.5 However, where a CAR 30 examiner purports to act under this subsection, each examiner privilege may only be exercised in accordance with this subsection.

 6.6 For the exercise of an examiner privilege for a particular type or series of airframe, engine, system or installation, the CAR 30 examiner must be a person who:

(a) meets the relevant standards for a knowledge examiner for the same or a similar privilege as set out in the RO’s exposition under subclause 7.6 of Appendix 5 of CAO 100.66; and

(b) meets the relevant requirements for an examiner authority for the privilege, as mentioned in subsection 1 of CAO 100.26, including the requirements for a relevant rating for the privilege, as mentioned in paragraph 3.2 of CAO 100.26; and

Note   The requirements of both subparagraph (a) and subparagraph (b) must be met.

(c) has been informed by the CAR 30 holder of the differences between the duties and responsibilities of a knowledge examiner under CAO 100.66, and the privileges and responsibilities of a person who holds an aircraft maintenance engineer examiner authority for CAR 30 under regulation 33B of CAR 1988, CAO 100.23 and CAO 100.26; and

Note   Although described differently, for practical purposes it is expected that there are no significant differences between the duties and responsibilities of a knowledge examiner and the privileges and responsibilities of an examiner authority holder.

(d) within the 24 months before exercising the examiner privilege, has undergone the professional development that a knowledge examiner would undergo under subclause 7.7 of Appendix 5 of CAO 100.66 that is relevant to the same or a similar privilege; and

(e) has ready access to each part of the exposition mentioned in subclauses 7.6, 7.7 and clause 14 of Appendix 5 of CAO 100.66 that relate to the requirements of this subsection; and

(f) has a written statement from the organisation of his or her duties and responsibilities as a CAR 30 examiner, including any conditions, restrictions or limitations on the nature and scope of the examiner privileges that arise from the requirements of subparagraph (a); and

(g) exercises his or her examiner privileges in accordance with the written statement mentioned in subparagraph (f); and

(h) is listed in a record held by the organisation:

 (i) as an employee who is both a CAR 30 examiner and a knowledge examiner of the organisation; and

 (ii) as having the experience, qualifications and training included in the record.

 6.7 A CAR 30 examiner who has a disability that is likely to affect his or her exercise of technical skill or judgment as an examiner, must not exercise examiner privileges.

Note to Civil Aviation Order 100.23

The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this document comprises Civil Aviation Order 100.23 made as indicated in the Table below.

Table of Orders