Part 43 - Maintenance of general aviation and aerial work aircraft (CD 1812SS)

Closed 31 Jan 2019

Opened 7 Dec 2018

Results updated 4 Dec 2020

In August 2018, we conducted an initial public consultation that sought the views of the aviation community on the current challenges associated with maintenance of aircraft involved in General Aviation (GA) and Aerial Work (AWK) and to identify opportunities to improve Australia's regulatory system. 

During the period 7 December 2018 to 31 January 2019 we sought feedback on our policy proposal that aimed to adopt the FARs, CD 1812SS—Part 43 of the Civil Aviation Safety Regulations (CASR) - Maintenance of aircraft. 

Throughout both consultations, the Aviation Safety Advisory Panel (ASAP) and its associated Part 43 Technical Working Group (TWG) were involved to oversee our processes and industry engagement to ensure the policy remained appropriate for the sector.

The consultation received 205 responses,with 126 respondents providing  permission to have their responses published on the Consultation Hub. The remaining 79 de-identified responses were analysed and included in the aggregated data presented in the summary of consultation.

Feedback received identified several key themes:

  • loss of business income
  • Reduced safety and safety standards
  • Type rating requirements
  • Lack of insurance cover for independent licensed aircraft maintenance engineers
  • Loss of B2 privileges
  • Costs associated with obtaining/maintaining an inspection authorisation
  • Requirement for an inspection authorisation
  • Inclusion of charter aircraft.

Read the full details in the summary of consultation below.

Files:

Published responses

View submitted responses where consent has been given to publish the response.

Overview

The proposed new maintenance regulations for general aviation (GA) seek to meet an overarching objective of streamlining maintenance requirements, minimise regulatory burden and reduce costs while maintaining the high aviation standards expected by all Australians.

In August 2018 we conducted a consultation that asked respondents to identify current challenges they experienced in GA maintenance and opportunities to improve Australia's regulatory system. Respondents were also asked to consider how the United States (US), New Zealand (NZ), Europe, and Canada approach GA maintenance and comment on whether one or more of those regulation structures would be a suitable model for Australia.

An overwhelming 78 per cent of respondents indicated a preference for the United States – Federal Aviation Regulation’s (US-FARs) model. Of the 11 per cent of respondents who indicated a preference for the New Zealand Civil Aviation Regulations (NZ-CARs), most indicated the FARs as their second choice.

CASA has also conducted a detailed technical review of the US-FARs. CASA considers the US-FARs to be a well-established set of regulations, readily accepted by the FAA and US industry alike, with sound policies, clear requirements, scalability across a wide range of aircraft and operations, pathways for industry growth, and good safety outcomes that are historically slightly better than those in Australia.

A Technical Working Group (TWG) appointed by the Aviation Safety Advisory Panel met in September 2018, reviewed the consultation feedback and considered the policy options. As a result of the technical review and this industry consultation and engagement, the US-FARs have been confirmed as the best model on which to base the proposed new maintenance regulations for GA.

The proposed new rule set

The proposed new rules will apply to GA maintenance. GA covers all flying activity carried out by VH registered aircraft other than charter and air transport operations. This includes flying training, mustering, firefighting and emergency service operations, search and rescue, aerial surveying and photography, towing, and private flying .

Aircraft that are occasionally used in charter operations will continue to be maintained by a CAR 30 approval holder, regardless of other GA uses.

CASA will incorporate the adopted FAR regulations into the Civil Aviation Safety Regulations 1998 (CASR) with as little amendment as possible. CASA expects to create a new CASR Part 43, reflecting US-FAR Part 43.

Changes will only be made:

  • where words, titles, phrases or legal terminology are incompatible with Australian legal terms
  • to clarify the current FAR including removing ambiguity or uncertainty
  • to make necessary formatting, paragraph structure and numbering changes
  • to incorporate any differences to the proposed policy outcomes that have been consulted with the GA sector.

Principal changes that would occur

Under a new CASR part based on the US-FARs:

  • no maintenance organisation approval would be required for carrying out maintenance of aircraft, engines or components other than propellers and instruments.
  • a new individual authorisation—Inspection Authorisation (IA)—would be introduced
  • CAR 30 approvals would be phased out
  • CAR 30 organisations would have the option of continuing to do business under the licence privileges of  licensed aircraft maintenance engineers or transitioning to a Part 145 Approved Maintenance Organisation (AMO) approval.
  • annual or progressive inspections will form an essential component in the management of airworthiness of an aircraft.

Documents for review

A copy of the Summary of proposed policy CD 1812SS and other documents related to this consultation are provided below in the ‘Related Documents’ section. This includes a downloadable Word copy and PDF of this consultation for ease of distribution and feedback within your organisation.

You can read the Summary of proposed policy CD 1812SS, on screen by using the scroll bar or save it to your computer or mobile device using the popup options.

The Summary of proposed policy CD 1812SS, comprises three parts:

  1. Summary of proposed policies
  2. Appendix 1 - acceptable data, and
  3. Appendix 2- relevant FAR extracts.

Appendices 1 and 2 are provided for reference purposes only. Hyperlinks throughout the summary document will take you to the relevant references in the appendices.

What happens next

Once the consultation has closed, we will register and review each submission received through the online response form. We will make all submissions publicly available on the Consultation Hub, unless you request that your submission remain confidential. We will also publish a summary of consultation which summarises the feedback received.

Information about how we consult and how to make a confidential submission is available on the CASA website.

To be notified of any future consultations, you can subscribe to our consultation and rulemaking mailing list.

Why your views matter

This consultation is seeking feedback on the proposed policy to develop a tailored set of maintenance regulations for GA that will be based on the US-FARs.

In 2019, there will be a final consultation that will seek feedback on the draft regulations to ensure that they will work in practice as they are intended.

Closing date for comment

Comments on the draft Part 43 of CASR - Maintenance of aircraft should be submitted through the online response form by close of business 31 January 2019.

What happens next

Once the consultation has closed, we will register and review each submission received through the online response form. We will make all submissions publicly available on the Consultation Hub, unless you request that your submission remain confidential. We will also publish a summary of consultation which summarises the feedback received.

Information about how we consult and how to make a confidential submission is available on the CASA website.

To be notified of any future consultations, you can subscribe to our consultation and rulemaking mailing list.

Audiences

  • Aerodrome operator
  • Engineers
  • Manufacturers

Interests

  • Airworthiness / maintenance