Explanatory Statement
Civil Aviation Safety Regulations 1998
AD/REC/1 Amdt 2 — Maintenance of Cockpit Voice Recording Systems
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/REC/1 to ensure correct maintenance was being carried out at appropriate intervals. This was in response to investigations by the Australian Transport Safety Bureau (ATSB) being hampered by the corruption of data being recorded. This AD is applicable to all aircraft with cockpit voice recording systems installed in compliance with Civil Aviation Order 20.18 (CAO 20.18). AD/REC/1 Amdt 1 was introduced to remove references to obsolete terms.
As a result of a related review of CAO 20.18, CASA has issued AD/REC/1 Amdt 2 which recognises that newer technology allows a greater time interval between maintenance events due to increased reliability and also recognises that approved maintenance programs for particular aircraft provide equivalent maintenance procedures. These procedures are recognised as means of compliance with the requirements of the AD which removes the potential for duplication of tasks. This AD repeals and replaces the previous AD on this subject.
Consultation
This AD is being made as a result of a review of AD/REC/1 Amdt 1 and CAO 20.18. This AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from recognising that newer technology allows a greater time interval between maintenance events due to increased reliability and also recognising that approved maintenance programs for particular aircraft provide equivalent maintenance procedures. As the AD amendment introduces a new means of compliance and reduces burden on industry, 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 21 August 2015.
[Instrument number AD/REC/1 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/REC/1 Amdt 2 – Maintenance of Cockpit Voice Recording Systems
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/REC/1 to ensure correct maintenance was being carried out at appropriate intervals. This was in response to investigations by the Australian Transport Safety Bureau (ATSB) being hampered by the corruption of data being recorded. This AD is applicable to all aircraft with cockpit voice recording systems installed in compliance with Civil Aviation Order 20.18 (CAO 20.18). AD/REC/1 Amdt 1 was introduced to remove references to obsolete terms.
As a result of a related review of CAO 20.18, CASA has issued AD/REC/1 Amdt 2 which recognises that newer technology allows a greater time interval between maintenance events due to increased reliability and also recognises that approved maintenance programs for particular aircraft provide equivalent maintenance procedures. These procedures are recognised as a new means of compliance with the AD and remove the potential for duplication of tasks.
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