AD/B747/298 Amdt 2 - Thrust Reverser System Locks

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Legislation au F2014L00527 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/B747/298 Amdt 2 — Thrust Reverser System Locks

 

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR 1998), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product. Therefore, this AD is a legislative instrument.

 

Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.

 

The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a foreign State of Design issued an AD before 1 October 2009 for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the foreign State of Design. AD/B747/298 Amdt 2 applies to the Boeing 747 Series aircraft.

 

The United States of America Federal Aviation Administration (FAA) issued AD 2003-16-16 affecting Boeing 747 series aeroplanes in 2003. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B747/298 to mandate the requirements of FAA AD 2003-16-16. AD/B747/298 Amdt 1 was issued to correct editorial errors together with an omission in the Compliance statement of AD/B747/298. As a result of a request from industry, CASA has issued AD/B747/298 Amdt 2 to allow the use of later revisions of Service Bulletins approved by the United States Federal Aviation Administration (FAA) as Alternate Methods of Compliance (AMOCs) to FAA AD 2003-16-16 as acceptable for compliance with the equivalent requirements of AD/B747/298 Amdt 2. This AD repeals and replaces the previous AD on this subject.


Consultation

This AD is being made at the request of industry, in particular an operator of the Boeing 747 series aircraft. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from allowing the use of later FAA approved revisions to referenced documents as alternate methods of compliance with the CASA AD, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislative Instruments Act 2003.

 

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs.

 

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

 

Making and commencement

The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

 

The instrument commences on 14 May 2014.

 

 

 

[Instrument number AD/B747/298 Amdt 2]

Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

 

AD/B747/298 Amdt 2 – Thrust Reverser System Locks

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The United States of America Federal Aviation Administration (FAA) issued AD 2003-16-16 affecting Boeing 747 series aeroplanes in 2003. The United States of America is the State of Design for this aircraft type. CASA subsequently issued AD/B747/298 to mandate the requirements of FAA AD 2003-16-16. AD/B747/298 Amdt 1 was issued to correct editorial errors together with an omission in the Compliance statement of AD/B747/298. As a result of a request from industry, CASA has issued AD/B747/298 Amdt 2 to allow the use of later revisions of Service Bulletins approved by the United States Federal Aviation Administration (FAA) as Alternate Methods of Compliance (AMOCs) to FAA AD 2003-16-16 as acceptable for compliance with the equivalent requirements of AD/B747/298 Amdt 2.

 

The primary purpose of this legislative instrument is to allow the use of later FAA approved revisions to referenced documents as alternate methods of compliance with the CASA AD.

 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and were amended in 2014 to address the need for updated compliance methods for the Boeing 747 Series aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, and the Civil Aviation Safety Authority (CASA) was tasked with issuing airworthiness directives to maintain safety standards. The AD/B747/298 Amdt 2, made under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the CASR 1998, was introduced at the request of industry to allow the use of later revisions of Service Bulletins approved by the United States Federal Aviation Administration as Alternate Methods of Compliance. This amendment aims to provide flexibility in compliance with safety directives while maintaining the overarching objective of ensuring the continuing airworthiness of the Boeing 747 Series aircraft.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 2 (AD/B747/298 Amdt 2) pertains specifically to the Boeing 747 Series aircraft, mandating compliance with the thrust reverser system locks as stipulated in the original airworthiness directive (AD) issued by the United States of America Federal Aviation Administration (FAA). This AD is applicable to all Boeing 747 aircraft registered in Australia, and is designed to ensure the continuing airworthiness of these aircraft. The amendment allows the use of later revisions of Service Bulletins approved by the FAA as Alternate Methods of Compliance (AMOCs) to the original FAA AD 2003-16-16, facilitating compliance with Australian AD/B747/298 Amdt 2. The AD is a legislative instrument under section 98 of the Civil Aviation Act 1988, and its issuance by the Civil Aviation Safety Authority (CASA) is in the interests of the safety of air navigation. This AD commences on 14 May 2014, repealing and replacing previous ADs on the subject. The instrument was made by a delegate of CASA relying on the power of delegation under subregulation 11.260(1) of the Civil Aviation Safety Regulations 1998 and subsection 94(1) of the Civil Aviation Act 1988. The AD is compatible with human rights as it does not raise any human rights issues, as confirmed in the Statement of Compatibility with Human Rights.

Key Provisions

The primary sections of the Civil Aviation Safety Regulations 1998 Amendment 2 (AD/B747/298 Amdt 2) pertain to the thrust reverser system locks of the Boeing 747 Series aircraft. Specifically, section 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for aircraft types, and AD/B747/298 Amdt 2 serves as such an AD for the Boeing 747. This AD allows the use of later revisions of Service Bulletins approved by the United States Federal Aviation Administration (FAA) as Alternate Methods of Compliance (AMOCs) to FAA AD 2003-16-16, ensuring compliance with AD/B747/298 Amdt 2. The AD imposes obligations on operators and owners of Boeing 747 Series aircraft to ensure their thrust reverser systems comply with the AD requirements. This includes adhering to the specified AMOCs and ensuring all necessary modifications or inspections are completed in a timely manner. CASA's authority under section 33(3) of the Acts Interpretation Act 1901 allows for the amendment and variation of the AD, thereby necessitating compliance with any updated directives or requirements. The AD also mandates that any changes to the aircraft's thrust reverser system must be documented and maintained as part of the aircraft's airworthiness records. Failure to comply with the AD/B747/298 Amdt 2 can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to the aircraft being deemed airworthy, which can result in severe penalties. The maximum penalties for such breaches include substantial fines and potential imprisonment for individuals, as well as fines for corporations. Additionally, continued operation of a non-compliant aircraft can lead to enforcement actions by CASA, including grounding the aircraft until compliance is achieved. This AD, as a legislative instrument, is compatible with human rights as stated in the Statement of Compatibility with Human Rights, which confirms that the AD does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The AD's purpose is strictly regulatory, aimed at ensuring aviation safety, and does not infringe on any human rights or freedoms.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.