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 1 October 2013 taking into account amendments up to Civil Aviation Order 104.0 Amendment Instrument 2013 (No. 1).

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

Contents

Page

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

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

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

3...Application................................................................

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

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

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

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

8AA.When subsection 8 takes effect.................................................

8...WHR — conditions for COA training and assessment.................................

9...Provisions not affected.......................................................

 Appendix 1...............................................................

 Appendix 2...............................................................

 Appendix 3...............................................................

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

1A Name of instrument

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

1 Applicability

 1.1This 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

 2.1In 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.

 authority or type rating holder means a person who holds 1 or more of the following:

(a) an airworthiness authority under paragraph 33B (1) (a) of CAR 1988 to carry out maintenance on a WHR;

Note   The abbreviation WHR is used to denote a class of aircraft comprising Warbirds, Historic aircraft and Replica aircraft and is defined in this section.

(b) an airworthiness authority under paragraph 33B (1) (d) of CAR 1988 to conduct non-destructive testing (NDT) of aircraft and aircraft components;

(c) an aircraft welding authority under subregulation 33D (1) of CAR 1988;

(d) an authorisation under subregulation 42ZC (6) of CAR 1988 to carry out maintenance for paragraph 42ZC (4) (e) of CAR 1988;

(e) a category B1 or B2 licence with a rating for a type rated aircraft type that is a WHR.

Note   Type rated aircraft type is defined in Part 3 of the Dictionary in CASR 1998.

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.

certification authorisation means an authorisation mentioned in paragraph 8.2.

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.

employed authority or type rating holder means a person who is an authority or type rating holder employed by a COA holder.

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.

Part 1 WHR maintenance means maintenance on a WHR mentioned in Part 1 of the table in Appendix 3 of this Order.

quality control manual for a COA holder means the manual, as approved in writing by CASA, for training and assessment in, and certification authorisation for, the maintenance of aircraft, including a WHR where relevant.

trained WHR employee means a WHR employee of a COA holder who:

(a) has successfully completed training and assessment in accordance with subsection 8 of this Order; and

(b) holds a current certification authorisation, under subsection 8 of this Order, from the COA holder authorising the employee to perform particular maintenance on a WHR mentioned in Part 1 of the table in Appendix 3.

unlisted WHR means a WHR that is:

(a) not mentioned in Part 1 or Part 2 of the table in Appendix 3; or

(b) deemed by paragraph 8.13 to be an unlisted WHR.

WHR means an aircraft that is:

(a) either:

 (i) manufactured in accordance with the requirements of, and accepted for use by, an armed force; or

 Note   Such an aircraft is colloquially known as a warbird.

 (ii) an historic or replica aircraft that CASA or an authorised person is satisfied meets the airworthiness requirements for the issue of a standard certificate of airworthiness (except any requirements that are inappropriate for the special purpose for which the aircraft is to be used); and

(b) issued with:

 (i) a special certificate of airworthiness for limited category aircraft under regulation 21.189 of CASR 1998; or

 (ii) an experimental certificate for aircraft under paragraph 21.191 (d) or (e) of CASR 1998.

Note   The tables in Parts 1 and 2 of Appendix 3 refer to an aircraft in terms of its combined airframe and engine type as mentioned in the subcolumns of column 1 of the tables.

WHR employee means a person who is an employee of a COA holder and who is 1 of the following:

(a) a category B1 licence holder in a subcategory that is applicable to the WHR on which he or she proposes to carry out maintenance under subsection 8 of CAO 104.0;

(b) a category B2 licence holder.

3 Application

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

 3.2The 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

 4.1The 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.

 4.2The 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.

 4.3The 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.

 4.4An 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

 5.1A 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.

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

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

 5.4The 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.

 5.5Before 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).

 5.6The 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

 6.1A 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.

 6.2However, 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.

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

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

 6.5The 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.

 6.6Before 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).

 6.7The 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

 7.1A 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.

 7.2However, 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.

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

 7.4Before 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.

 7.5The 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.

 7.6Before 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).

 7.7The 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.

8AA When subsection 8 takes effect

 8AA.1 Subject to this subsection, subsection 8 takes effect for a COA holder on and from 1 October 2014.

 8AA.2If a person becomes a COA holder at any time from 1 October 2013 to 30 September 2014, subsection 8 takes effect for the person as soon as the person becomes a COA holder.

 8AA.3If, immediately before 1 October 2013, a person was a COA holder, subsection 8 takes effect:

(a) from 1 October 2014; or

(b) on and from an earlier date agreed to in writing by CASA — but only if, on written application by the COA holder under this subparagraph, CASA:

 (i) appoints the holder to be a CASA delegate of the kind referred to in paragraph 8.6; and

 (ii) approves the holder’s quality control manual in relation to the training and assessment, and reassessment of competency, referred to in paragraph 8.6.

 8AA.4 The applicable provisions of subsection 8 take effect for each of a COA holder’s employed authority or type rating holders and WHR employees immediately after subsection 8 takes effect for the COA holder.

8 WHR — conditions for COA training and assessment

Note   See also instrument CASA 197/13 containing directions and conditions variously addressed to COA holders and their employees, and to independent LAMEs (as defined in the direction).

 8.1A COA holder:

(a) must not permit a person to carry out Part 1 WHR maintenance unless the COA holder has issued the person with a certification authorisation for carrying out the maintenance; and

(b) must ensure that an employee of the COA holder does not carry out Part 1 WHR maintenance except in accordance with a certification authorisation issued under this subsection.

 8.2 A COA holder may issue a certification authorisation to an employed authority or type rating holder, or a WHR employee, in accordance with this subsection.

 8.3 Before issuing a certification authorisation to a WHR employee, the COA holder must provide, and the WHR employee must successfully complete, training and assessment in Part 1 WHR maintenance in accordance with the COA holder’s quality control manual.

Note   This training and assessment is not required for an employed authority or type rating holder.

 8.4 A certification authorisation may only be issued for a period of not more than 2 years.

 8.5 A certification authorisation may be reissued for further periods of not more than 2 years each:

(a) to an employed authority or type rating holder; and

(b) to a trained WHR employee — but only if, before the reissue, he or she successfully completes the COA holder’s reassessment of competency for Part 1 WHR maintenance as provided for in the holder’s quality control manual.

 8.6 Before providing the training and assessment mentioned in paragraph 8.3, or the reassessment of competency mentioned in subparagraph 8.5 (b), the COA holder must, in respect of the Part 1 WHR maintenance, be a CASA delegate for subregulation 42ZC (6) of CAR 1988 who may authorise a person for the purposes of paragraph 42ZC (4) (e).

 8.7 The COA holder must give a notice of completion of training and assessment, or reassessment, in the approved form, to the WHR employee as soon as the employee has successfully completed the training and assessment, or reassessment, in Part 1 WHR maintenance, and been issued, or reissued, with a certification authorisation.

Note   With training, assessment and certification authorisation, a WHR employee becomes a trained WHR employee. With reassessment of competency and certification authorisation, a trained WHR employee is permitted to continue as a trained WHR employee. Part 1 WHR maintenance may only be carried out by an employed authority or type rating holder or by a trained WHR employee to whom the COA holder has issued a certification authorisation.

 8.8 The COA holder must retain in safe custody, for at least 2 years after the WHR employee has left his or her employment with the holder, a perfectly legible copy of any notice of completion mentioned in paragraph 8.7.

 8.9For this subsection, a certification authorisation for Part 1 WHR maintenance may only be issued:

(a) to an employed authority or type rating holder; and

(b) to a trained WHR employee — for an aircraft mentioned in an item in column 1 of Part 1 of the table in Appendix 3 but only if the person holds a licence in the category mentioned in the corresponding item in column 2 of Part 1 of the table.

 8.10 For this subsection, a certification authorisation issued for an aircraft mentioned in an item in column 1 of Part 1 of the table in Appendix 3 may be identified by reference to the suggested identification (if any) mentioned for the item in column 3 of Part 1 of the table.

 8.11For this subsection, a COA holder may carry out maintenance on an aircraft mentioned in an item in column 1 of Part 2 of the table in Appendix 3 only if the maintenance is carried out by:

(a) an employed authority or type rating holder (whether or not the person holds a certification authorisation); or

(b) a WHR employee (whether or not the person is a trained WHR employee, and whether or not the person holds a certification authorisation) — but only if the person holds a licence in the category mentioned in the corresponding item in column 2 of Part 2 of the table.

 8.12 For this subsection, a COA holder may carry out maintenance on an unlisted WHR only if:

(a) the maintenance is carried out as if the unlisted WHR were a WHR listed in Part 1 of the table in Appendix 3; and

(b) each of the requirements under this subsection for Part 1 WHR maintenance (including for qualifications, training, assessment, reassessment, certificate authorisations, delegations, notices and records) applied to maintenance of the unlisted WHR.

 8.13For paragraph 8.12, a WHR with an airframe mentioned in column 1 of Part 2 of the table in Appendix 3 whose piston engine type has been modified to be a turbine engine type, is deemed to be an unlisted WHR.

9 Provisions not affected

 9.1Subsection 8 does not affect the operation of regulation 42G of CAR 1988.

Note   Regulation 42G of CAR 1988 concerns who may be qualified as an “appropriate person” to conduct the independent inspection required when an aircraft flight control system is assembled, adjusted, repaired, modified or replaced in the course of maintenance on the aircraft.

 9.2Subsection 8 does not affect the operation of paragraph 42ZC (4) (d) of CAR 1988.

Note 1   Paragraph 42ZC (4) (d) of CAR 1988 concerns maintenance, specified in Schedule 8 of CAR 1988, that may be carried out by a pilot of a Class B aircraft. A WHR is a class B aircraft.

Note 2   Under instrument CASA 155/11, for paragraph 42ZC (4) (e) of CAR 1988, each subcategory B1 licence holder, or category B2 licence holder, is authorised to carry out the maintenance mentioned in Schedule 8 of CAR 1988 on any class B aircraft, including a WHR.

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

Appendix 3 — WHR for the application of subsection 8

Part 1 — for an employed authority or type rating holder and a trained WHR employee — certification required

Note 1   Only an employed authority or type rating holder or a trained WHR employee, issued with a certification authorisation, may carry out maintenance on these aircraft.

Note 2   The “Suggested identification for a certification authorisation” (if any) mentioned in column 3 of the tables in Appendix 3 refers to a suggested means of identifying certification authorisations for Civil Aviation Order 104.0. It is included here for information only.

Part 2 — for an employed authority or type rating holder, and a WHR employee whether trained or not — certification authorisation not required

Note   An employed authority or type rating holder, a trained WHR employee, and a WHR employee who is not a trained WHR employee, may carry out maintenance on these aircraft.

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