Part 148 - Consultation

Note: This statement does not form part of the rules contained in Part 148. It provides details of the consultation undertaken in making the rules.

Background to the Rules

In April 1988 the Swedavia - McGregor Report on civil aviation regulation in New Zealand was completed. Following the recommendations contained in that report, the Air Transport Division of the Ministry of Transport commenced a complete review and rewrite of all existing civil aviation legislation and where necessary initiated new legislation for the areas not previously covered.

Considerable research was carried out to determine the format for the new legislation. It was decided that the most suitable legislative framework should incorporate the advantages of the system being developed by the European Joint Aviation Authorities and published as Joint Aviation Requirements (JAR), and of the Federal Aviation Administration (FAA) of the United States of America. The JAR are structured in a manner similar to the FAA's Federal Aviation Regulations (FAR) and aim to achieve maximum harmonisation while allowing for national variations.

New Zealand's revised legislation is published as Civil Aviation Rules (CAR) which is divided into Parts. Each Part will convey a series of individual rules which relate to a particular aviation activity.

Accompanying each Part of the CAR will be at least one associated Advisory Circular (AC) which will expand, in an informative way, specific requirements of the CAR and describe an acceptable means of compliance.

The CAR numbering system is based on the FAR system. As a general principle the subject matter of a Part will be the same or similar to the FAR although the title may differ to suit New Zealand terminology. Where a CAR does not readily equate with a FAR number code, a number has been selected that does not conflict with any existing FAR Part.

The FAR has been used as the starting point for the development of many CAR but there are likely to be significant differences in the content of the rule. The structure of Part 148 generally follows the content of the FAR. Changes have been made to conform to New Zealand legal practices and terminology.

The objective of the new rules system is to strike a balance of responsibility between the State authority and those who provide services and exercise privileges in the civil aviation system. This balance must enable the State authority to maintain continuing regulatory control and supervision while providing the maximum flexibility for participants to develop their own means of compliance.

Section 7 of the Civil Aviation Act 1990 (the Act) provides for the requirement to hold an aviation document for carrying out particular civil aviation activities. Section 12 of the Act requires the holders of such documents to carry out their activities safely and in accordance with the relevant prescribed safety standards and practices.

Notice of Proposed Rule Making

To provide public notice of, and opportunity for comment on the proposed new rules, the Authority issued Notice of Proposed Rule Making 91-9 under Docket Number 1022 on 24 December 1991. This Notice proposed the introduction of Civil Aviation Rules Part 148 to provide a regulatory safety boundary for Aircraft Manufacturing Organisation - Certification

Supplementary Information

All comments made on the Notice of Proposed Rule Making are available in the rules docket for examination by interested persons. A report summarising each substantive contact with the Civil Aviation Authority contact person concerning this rule making has been filed in the docket.

Availability of the Document

Any person may view a copy of these rules at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140. Copies may be obtained from the Civil Aviation Authority of New Zealand, PO Box 3555, Wellington 6140.

Summary of Comments on Docket Number 1022 NPRM

The two submissions received fully accepted the proposed rule.

Transition Arrangements

  1. Approvals under regulation 176 of the Civil Aviation Regulations 1953 for the purpose of construction will no longer be given after the date Part 148 comes into force.
  2. After Part 148 comes into force any organisation that holds an approval under regulation 176 and which is required under Part 148 to hold a Manufacturing Organisation Certificate may continue under the regulation 176 approval (without Part 148 certification) until the expiry of a period of 18 months. At the expiry of 18 months from the date that Part 148 commences, all such organisations must be operating under a Part 148 certificate. At the end of that period all approvals under regulation 176 will become invalid.

Regulatory Evaluation

The following action will occur at the time of commencement of this Part:

Civil Aviation Regulations

  1. CASO, NZCAR, Regulation etc. to be amended or revoked Revocation of regulations — none
  2. Amendment of regulations — The amendment of regulation 176 to remove the term "construction".

Civil Aviation Rules — The replacement of references to Subpart G in Part 21 with the appropriate reference to Part 148.

New Zealand Civil Airworthiness Requirements — Revocation of section D.3 of Volume 1.

Civil aviation safety orders — none

Aeronautical information circular — none

Commencement

Part 148 comes into force 28 days after the date of its notification in the New Zealand Gazette.

Conclusion

The Authority concludes from this consultation that the aviation industry participants favour the direction of the new rules. The rules also meet New Zealand’s international obligations under the applicable ICAO Annex. The comments and all background material used in developing the rules are held on the docket file and are available for public scrutiny. Persons wishing to view the docket file should call at the Civil Aviation Authority, Level 15 Asteron Centre, 55 Featherston St, Wellington 6140, and ask for docket file 1022.