AD/GENERAL/37 Amdt 10 — Emergency Exits

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2016L00147 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/GENERAL/37 Amdt 10 — Emergency Exits

 

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.

 

CASA issued AD/GENERAL/37 Amdt 9 in 2005 to correct an unsafe situation on all aircraft that have an emergency exit which is not a normal entry/exit/service door. CASA has issued AD/GENERAL/37 Amdt 10 to limit the AD’s applicability to aircraft to which Part 42 of CASR 1998 (Part 42) applies. For aircraft to which Part 42 does not apply, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5.  This AD repeals and replaces the previous AD on this subject.

 

Consultation

As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from amending the AD applicability and thereby eliminating requirements duplicated in CAO 100.5, 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 26 February 2016.

 

[Instrument number AD/GENERAL/37 Amdt 10]

Attachment 1

Statement of Compatibility with Human Rights

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

 

AD/GENERAL/37 Amdt 10 – Emergency Exits

 

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

CASA issued AD/GENERAL/37 Amdt 9 in 2005 to correct an unsafe situation on all aircraft that have an emergency exit which is not a normal entry/exit/service door. CASA has issued AD/GENERAL/37 Amdt 10 to limit the AD’s applicability to aircraft to which Part 42 of CASR 1998 (Part 42) applies. For aircraft to which Part 42 does not apply, the requirements have been transitioned to Civil Aviation Order (CAO) 100.5. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to limit the AD’s applicability to eliminate requirements duplicated in CAO 100.5.

 

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 to provide a regulatory framework for the continuing airworthiness of aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, including the issuance of airworthiness directives (AD) by the Civil Aviation Safety Authority (CASA). AD/GENERAL/37 Amdt 10 was introduced as an amendment to address an unsafe situation identified in aircraft emergency exits that are not normal entry/exit/service doors. This amendment limits the applicability of the AD to aircraft governed by Part 42 of CASR 1998, while transitioning requirements for other aircraft to Civil Aviation Order (CAO) 100.5. This change aims to eliminate duplicated requirements and streamline regulatory compliance. The AD is a legislative instrument made under the authority conferred by the Civil Aviation Act 1988 and the Acts Interpretation Act 1901.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment 10 (AD/GENERAL/37 Amdt 10) pertains to emergency exits on aircraft, specifically those to which Part 42 of the Civil Aviation Safety Regulations 1998 applies. This legislative instrument, issued under the authority of the Civil Aviation Act 1988, aims to ensure the safety of air navigation by addressing unsafe conditions related to emergency exits on aircraft. The amendment restricts the scope of a previous airworthiness directive (AD/GENERAL/37 Amdt 9) issued in 2005, making it applicable only to aircraft covered by Part 42 of the CASR 1998, while the requirements for other aircraft have been transitioned to Civil Aviation Order 100.5. This amendment effectively repeals and replaces the earlier directive, ensuring that there are no duplicated requirements. The instrument is considered a legislative instrument under the Acts Interpretation Act 1901 and has been made by a delegate of the Civil Aviation Safety Authority (CASA) based on delegated authority. This amendment commenced on 26 February 2016.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998, as amended by AD/GENERAL/37 Amendment 10, pertain to the safety requirements for emergency exits on aircraft. Specifically, section 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), and this AD specifically addresses the safety issues concerning emergency exits that are not normal entry/exit/service doors. This amendment narrows the scope of the AD to apply only to aircraft governed by Part 42 of CASR 1998, excluding those that fall under other parts of the regulations, thereby ensuring that the safety requirements are applied in a manner that avoids duplication with other existing regulations, such as Civil Aviation Order (CAO) 100.5. The AD repeals and replaces the previous AD on this subject, ensuring that the safety measures are up-to-date and tailored to the specific requirements of the aircraft it governs. The AD imposes specific obligations on the parties or entities it governs. Aircraft operators and owners must ensure that any emergency exits that are not normal entry/exit/service doors comply with the safety requirements set forth in the AD. This includes verifying that these exits are clearly marked, accessible, and operational in accordance with the specified standards. Additionally, aircraft manufacturers and maintenance organisations must adhere to these safety standards when designing, manufacturing, and maintaining aircraft that fall under the purview of this AD. The AD serves to maintain the continuing airworthiness of the aircraft by addressing safety concerns related to emergency exits, ensuring that these exits can be effectively used in the event of an emergency. There are potential civil and criminal consequences for breaches of this AD. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can result in enforcement actions. Civil penalties may be imposed for breaches of the AD, with the specific penalties varying depending on the nature and severity of the breach. In more serious cases, criminal penalties may apply, including fines and imprisonment for individuals or corporations found to have wilfully contravened the AD. The exact penalties are not specified in the AD itself but are governed by the broader legislative framework under which CASA operates. Compliance with this AD is critical to ensuring the safety of passengers and crew, and any breaches can have serious ramifications for those involved.

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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.