Safety issue

Safety issue description

The Civil Aviation Regulations 1988 allow class B aircraft registration holders to maintain their aircraft using the CASA maintenance schedule in situations where a more appropriate manufacturer’s maintenance schedule exists.
Issue number AO-2011-115-SI-01
Issue owner Civil Aviation Safety Authority
Transport function Aviation: General aviation
Issue status Closed – Adequately addressed
Date issue released 16/08/2013
Issue status justification

The Civil Aviation Safety Authority's continuing airworthiness policies for general
aviation have substantially progressed since the release of this report and issue of
the recommendation. The new Part 43 of the Civil Aviation Safety Regulations
(CASR), will set out the rules for the maintenance of aircraft engaged in private and
aerial work operations. The aim of the proposed changes is to ensure continuing
airworthiness of aircraft is in accordance with the original Part 21 certification. As a
result aircraft will no longer be able to be maintained solely under the CASA
maintenance schedule, and would require consideration of all applicable
maintenance information.

The ATSB therefore considers the safety issue to be adequately addressed.

Issue finalisation date: 14 January 2022

Safety action

Action type Proactive action
Action number AO-2011-115-NSA-054
Organisation Civil Aviation Safety Authority
Action date 16/08/2013
Action description

In reference to the abovementioned safety issue, CASA provided the following comment:

While the CAR 42V regulatory requirement currently exists for Registered Operators to ensure maintenance is carried out in accordance with the applicable provisions of the aircraft’s approved maintenance data, CASA agrees that additional information may assist industry understanding of their regulatory obligations, mainly in conjunction with the use of CAR 42B CASA Maintenance Schedule. To this end CASA published a series of Discussion Papers in December last year (2012) setting out a range of options for developing updated continuing airworthiness regulations for all aircraft not used in RPT operations.

The discussion paper covering maintenance programs set out the items for consideration and options for the reform of the maintenance program requirements for non-RPT aircraft to bring the regulations up to date with modern technology and current international practices. Considerations that were addressed in this discussion paper included dealing with instructions for continuing airworthiness; assessment of ICA is considered a necessary continuing airworthiness management requirement for all aircraft that are adequately supported by a type certificate holder or national aviation authority.
ATSB response

The ATSB acknowledges the actions taken by CASA to date and notes its actions regarding regulatory reform in relation to maintenance programs for general aviation operations. However, given the currently unresolved outcomes from the discussion paper, including the circumstances where the CASA maintenance schedule would continue to be used, the ATSB remains concerned that this safety issue may not be adequately addressed and has therefore issued the following recommendation.
Action status Monitor

Safety action

Action type Recommendation
Action number AO-2011-115-SR-050
Organisation Civil Aviation Safety Authority
Action date 16/08/2013
Action description

The Australian Transport Safety Bureau recommends that CASA proceed with its program of regulatory reform to ensure that all aircraft involved in general aviation operations are maintained using the most appropriate maintenance schedule for the aircraft type.
Action status Closed

Organisation response

Date received 11/11/2013
Organisation Civil Aviation Safety Authority
Response status Monitor
Response text

With regard to Recommendation AO-2011-115-SR 050 you have recommended that CASA address the safety issue that the Civil Aviation Regulations 1988 allow class B aircraft registration holders to maintain their aircraft using the CASA maintenance schedule in situations where a more appropriate manufacturer's maintenance schedule exists. You remain concerned that this safety issue may not be adequately addressed and have issued the recommendation that CASA proceed with our program of regulatory reform to ensure that all aircraft involved in general aviation operations are maintained using the most appropriate maintenance schedule for the aircraft type.

I accept this recommendation and CASA will address this issue, work has commenced and again it will involve consultation with industry. As this is likely to be a protracted process; CASA is not in a position to specify a specific completion date at this time.
ATSB response

The ATSB recognises the acceptance of the recommendation by CASA. The ATSB will continue to monitor the ongoing work by CASA until the issue has been satisfactorily addressed.

Organisation response

Date received 21/09/2021
Organisation Civil Aviation Safety Authority
Response status Closed
Response text

Since the issue of the recommendation, CASA’s Airworthiness Branch has initiated a General Aviation / Aerial Work continuing airworthiness (maintenance) regulatory reform project under the title of CASR Part 43. This project will transition CAR 42 based maintenance to the CASRs which includes a policy alignment to FAA Part 43.

Part 43 has progressed through the ASAP and Technical Working Group consultation phases and the continuing airworthiness policy was approved by Executive Management in January this year. CASA submitted Part 43 to OPC for legislative drafting in August this year, where it is currently being drafted prior to final industry consultation.

Additionally, updated guidance has been provided around the use of CASA maintenance schedules and continuing airworthiness, including;

-CASA Ruling 1/2014, released 18 December 2015, made clear that even when following CAR 42 CASA maintenance schedule, "maintenance actions must always be carried out in accordance with approved maintenance data in accordance with CAR 42V, and therefore compliance with SIDs and other manufacturer’s supplemental or structural inspection documents is mandatory"

- Additionally, CAAP 42B-1(1.1) was updated in January 2016 and clarified that "Before the Certificate of Registration holder elects to use the CASA Maintenance Schedule, however, it is recommended that a study be made of the manufacturer’s schedule as it is considered that the manufacturer’s schedule is generally more appropriate for the maintenance of the aeroplane."

- AWB 02-048 Issue 7, "Compliance with Cessna Supplemental Inspection Documents (SIDs)" was updated in July 2021.