I, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, make this instrument under subregulation 30 (3) of the Civil Aviation Regulations 1988.

[Signed Bruce Byron]

Bruce Byron
Director of Aviation Safety and
   Chief Executive Officer

19 December 2007

Civil Aviation Order 104.0 Instrument 2007

1 Name of instrument

 This instrument is the Civil Aviation Order 104.0 Instrument 2007.

2 Commencement

 This instrument commences on the day after it is registered.

3 New Civil Aviation Order 104.0

 Civil Aviation Order 104.0 is repealed and a new Civil Aviation Order 104.0 substituted as set out in Schedule 1.

Schedule 1 Civil Aviation Order 104.0

Certificates of approval — application and grant

1 Applicability

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

2 Definitions

 2.1In this Order:

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

 3.1Application 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.

 3.3A guide as to the evidence required to be given to the Director under subregulation 35 (2) of the Civil Aviation Regulations 1988 is given in Appendix I to this Order.

Note   A certificate of approval covering maintenance of aircraft may, dependent upon the size of the facilities at the applicant’s disposal, limit the size of the aircraft upon which maintenance involving substantial disassembly, or a major inspection, may be carried out. Such limitations may be applied notwithstanding the fact that the applicant has in his or her employ appropriately licensed aircraft maintenance engineers in respect of larger aircraft.

 3.4Upon application by the holder of an airline licence, the Director will, where the applicant satisfies the Director in respect of the evidence of the kind referred to in Appendix I to this Order and complies with the requirements of Appendix II to this Order, grant a certificate of approval covering the design of aircraft components, the maintenance of aircraft and aircraft components and the distribution of aircraft components and aircraft materials without limiting the extent to which the holder can engage in any of those activities. The application should, under these circumstances, be made accordingly.

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:

(a) employees who are the holders of an aircraft maintenance engineer licence with a category rating which is not appropriate to a particular aircraft type, to certify in that category for completion of maintenance carried out by the holder of the certificate of approval on that aircraft type provided the rating is for, or within, a licence group as follows:

 (i) Airframe Category — Group 2 or Group 3;

 (ii) Engine Category — Group 1 or Group 2 for certifications in respect of piston engines. Group 3 for certifications in respect of turbine engines;

 (iii) Electrical Category — Groups 2 or 3;

 (iv) Instrument Category — Groups 1 to 20.

(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:

(a) in respect of an authority of the kind referred to in subparagraph 4.3 (a), obtained the approval of the Director for the type of maintenance in respect of which a person may be granted an authority to certify; and

(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.

Appendix I

1          This is the Appendix referred to in paragraph 3.3 of this Order.

2          An applicant for the grant of a certificate of approval will normally be required to provide the Director evidence, as applicable:

(a) of the suitability of the premises, tools, equipment, test apparatus and technical data at his or her disposal; and

(b) of the suitability of the storage facilities at his or her disposal for the segregation of his or her aircraft components and aircraft materials from other goods and for the protection of his or her aircraft components and aircraft materials against deterioration, contamination or damage; and

(c) for distribution of aviation fuel — of the suitability of the contamination monitoring facilities at his or her disposal; and

(d) of his or her ability to control the quality of his or her work; and

(e) of the competence of his or her employees; and

(f) for training of candidates for, or in the conducting of, the examinations required to be passed by an applicant seeking the grant of an aircraft maintenance engineer’s licence:

 (i) of the suitability of the training and examining facilities at his or her disposal and of his or her system to ensure security of examination material; and

 (ii) of the suitability of the syllabus, course notes, training publications, training aids, schedule of lectures, lecture periods and allocated examination periods relating to the examination subject for which approval is sought; and

(g) of the satisfactory standard of work performed in the past, which is similar to that for which approval is sought; and

(h) of the satisfactory standard of work performed under a certificate of approval already granted.

Note   Work may be carried out by persons working under an arrangement with the applicant. However, to be eligible for the grant of a certificate of approval, it is intended that the applicant provide the major portion of the facilities and staff required to carry out the activities for which approval is sought.

Appendix II

 1 This is the Appendix of requirements referred to in paragraph 3.4 of this Order.

 2 The organisation of the applicant must be such as to ensure that in all matters affecting airworthiness, full and efficient co-ordination exists between all divisions and sections of his or her establishment. One person must be responsible to the applicant for the satisfactory operation of the approval in its entirety.

 3 The control of each of the activities mentioned in clause 4 must be vested in persons responsible to the person referred to in clause 2.

 4 Except, as provided by clause 5, the applicant must have:

(a) maintenance facilities and staff at his or her main base and at stations along his or her airline routes to enable the carrying out of maintenance of aircraft scheduled for that base or station and non-scheduled maintenance of aircraft as dictated by experience for each station; and

(b) maintenance facilities and staff as may be necessary for the maintenance of aircraft components; and

(c) a staff of appropriately qualified persons to:

 (i) ensure that standards of maintenance are set and specified in appropriate manuals and documents; and

 (ii) ensure that all maintenance work carried out at the various bases and stations along his or her airline routes is planned in a positive manner; and

 (iii) supervise the engineering and design activity associated with his or her aircraft; and

(iv)    ensure compliance with the requirements of Civil Aviation Order 100.7; and

(d) a training organisation to ensure that all maintenance personnel, including those engaged in surveillance, are properly acquainted with all procedures and technical aspects of their work. The training should be planned to include theoretical and practical aspects that apply to the maintenance carried out. The training program with respect to:

 (i) the introduction into service of a new type or series of aircraft, or power plant; and

 (ii) the modification of a currently operated aircraft, including its power plant and installed systems, to the extent that a significant variation in established maintenance or servicing procedures will be necessary in respect of that aircraft;

 must be subject to the prior approval of the Director; and

(e) a system of defect investigation which will ensure that aircraft defects are properly investigated; and

(f) a system to ensure that appropriate rectification action is taken to prevent further occurrence of defects; and

(g) a system for exercising surveillance over the complete manufacturing, maintenance, distribution and engineering design activities of his or her organisation. It must be established in such a manner as to ensure that the total system for maintaining airworthiness within the organisation is functioning as intended, that the desired standard of airworthiness is being achieved and, where any deficiencies are apparent, that they are brought to the attention of the personnel responsible and are subsequently corrected.

Note   It is desirable that a person performing surveillance activities on an aircraft hold an aircraft maintenance engineer licence in the category that applies to the activity performed.

 5 A certificate of approval may be granted to an applicant even though the applicant intends to have some of the activities mentioned in clause 4 carried out on his or her behalf by the holder of a certificate of approval covering the activity provided that formal arrangements to the satisfaction of the Director have been made for the activity to be so undertaken.

 6 The applicant must specify in his or her maintenance manual the procedures to be adopted in respect of each of the activities mentioned in clause 4 and the procedures by which those activities are co-ordinated.