AD/B767/145 Amdt 2 - Airworthiness Limitations

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Legislation au F2013L01698 Not in force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/B767/145 Amdt 2 — Airworthiness Limitations

 

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 airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001 (5) of CASR 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an 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 ICAO 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 State of Design issues an AD against 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 State of Design.

 

The United States Federal Aviation Administration (FAA) issued AD 2003-18-10 affecting Boeing 767 series aeroplanes.  The United States is the State of Design for this aircraft type.  CASA subsequently issued AD/B767/145 Amdt 1 to mandate the requirements of FAA AD 2003-18-10.  This AD required Boeing to incorporate a particular revision of Boeing 767 Maintenance Planning Data document D622T001-9.  CASA received a request from industry to allow an FAA Alternate Means of Compliance (AMOC) issued against the FAA AD to be considered acceptable for compliance with the equivalent requirement of the CASA AD.  As a result the CASA AD has been revised and Amendment 2 has been prepared.  The amended AD, AD/B767/145 Amdt 2, will become effective on 17 September 2013.  This AD cancels and replaces the previous issue.


Consultation

This amendment is being made at the request of industry, in particular an operator of Boeing 767 aeroplanes.  As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from allowing the use of an FAA AMOC, no further consultation of the Australian public has taken place.

 

The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.

 

Compatibility with human rights and freedoms

A statement of compatibility with human rights is at Attachment 1.

 

Commencement and making

The instrument commences on 17 September 2013.

 

The AD 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.

 

[Instrument number AD/B767/145 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/B767/145 Amdt 2 – Airworthiness Limitations

 

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 Federal Aviation Administration (FAA) issued AD 2003-18-10 affecting Boeing 767 series aeroplanes.  The United States is the State of Design for this aircraft type.  CASA subsequently issued AD/B767/145 Amdt 1 to mandate the requirements of FAA AD 2003-18-10.  This AD required Boeing to incorporate a particular revision of Boeing 767 Maintenance Planning Data document D622T001-9.  CASA received a request from industry to allow an FAA Alternate Means of Compliance (AMOC) issued against the FAA AD to be considered acceptable for compliance with the equivalent requirement of the CASA AD.  As a result the CASA AD has been revised and Amendment 2 has been prepared.  The amended AD, AD/B767/145 Amdt 2, will become effective on 17 September 2013.  This AD cancels and replaces the previous issue.

 

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 regulate the safety of air navigation in Australia, with the overarching objective of ensuring the safety of air operations. This regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products to mandate safety requirements. The CASR 1998 was developed under the authority granted by the Civil Aviation Act 1988, empowering CASA to act in the interests of the safety of air navigation. The Act facilitates the incorporation of international standards and recommended practices as established by the Convention on International Civil Aviation. This legislative framework was established to address the need for stringent safety measures in civil aviation, aiming to maintain high safety standards and protect the public and industry stakeholders. The regulations are subject to disallowance by Parliament, reflecting the importance of legislative oversight in ensuring the effectiveness and appropriateness of safety measures in the aviation sector.

Scope and Application

The AD/B767/145 Amdt 2 applies to the operators of Boeing 767 aeroplanes registered in Australia, focusing on airworthiness requirements mandated by the Civil Aviation Safety Authority (CASA) in response to a United States Federal Aviation Administration (FAA) airworthiness directive (AD). The AD pertains specifically to the maintenance planning data document D622T001-9, allowing compliance with an FAA Alternate Means of Compliance (AMOC) as an acceptable alternative to the requirements stipulated in CASA's AD. The geographic reach of this regulation is national, as it applies to all aircraft registered in Australia, and it is consistent with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The amendment is effective from 17 September 2013, and it cancels and replaces the previous AD/B767/145 Amdt 1. The AD is issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and its issuance follows consultation with industry stakeholders, particularly an operator of Boeing 767 aeroplanes. This legislative instrument does not require further consultation or a Regulatory Impact Statement, and it is accompanied by a Statement of Compatibility with Human Rights, affirming that it does not engage any applicable rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the regulatory framework for airworthiness in Australia, and under section 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that ensure the safety of air navigation. The specific regulation in focus here is AD/B767/145 Amdt 2, which amends the requirements for the airworthiness of Boeing 767 series aeroplanes. This amendment, effective from 17 September 2013, replaces and cancels the previous AD/B767/145 Amdt 1. This AD amendment is a response to a request from the industry, specifically an operator of Boeing 767 aeroplanes. The amendment allows an FAA Alternate Means of Compliance (AMOC) to be considered acceptable for compliance with the equivalent requirement of the CASA AD. This change does not substantially alter existing arrangements but provides flexibility in compliance options for operators. The AD mandates that Boeing incorporate a particular revision of Boeing 767 Maintenance Planning Data document D622T001-9, aligning with the requirements set forth by the United States Federal Aviation Administration (FAA). The obligations imposed by this AD include ensuring that all Boeing 767 series aeroplanes registered in Australia comply with the updated maintenance requirements by the effective date. Operators must implement the specified revisions to their maintenance planning data and follow the new compliance methods as permitted under the AD. CASA, as the national airworthiness authority, is responsible for monitoring and ensuring that these requirements are met to maintain the safety standards of air navigation. Failure to comply with the AD may result in penalties, including fines and potential grounding of the aircraft until compliance is achieved. Under the CASR 1998, any non-compliance with an AD can lead to enforcement actions by CASA. The penalties for non-compliance may include substantial fines and, in severe cases, the grounding of the aircraft until the required modifications and compliance are verified. These actions are taken to uphold the safety and airworthiness standards mandated by the Civil Aviation Act 1988 and the CASR 1998. Additionally, repeated or significant non-compliance may lead to further civil or criminal consequences, depending on the severity and impact on aviation safety.

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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.