AD/REC/1 Amdt 2 - Maintenance of Cockpit Voice Recording Systems

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

Legislation au F2015L01288 Not in force Legislative Instrument

Legislation content

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

Overview

The Civil Aviation Safety Regulations 1998, as amended by AD/REC/1 Amdt 2, address the problem of data corruption in cockpit voice recording systems, which had previously hindered investigations by the Australian Transport Safety Bureau. Enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by the Civil Aviation Act 1988, this amendment responds to technological advancements in cockpit voice recording systems, which have improved reliability and reduced the frequency of required maintenance. The policy objective is to ensure the safety of air navigation by setting appropriate maintenance intervals that reflect the enhanced capabilities of current technology, while also recognising the efficacy of approved maintenance programs specific to certain aircraft types. This approach aims to streamline compliance and reduce operational burdens on the aviation industry.

Scope and Application

The AD/REC/1 Amdt 2 pertains to the maintenance of cockpit voice recording systems within the context of the Civil Aviation Safety Regulations 1998, as amended. It applies to all aircraft fitted with cockpit voice recording systems that are installed in compliance with Civil Aviation Order 20.18. This legislative instrument, issued by the Civil Aviation Safety Authority (CASA), ensures that appropriate maintenance intervals are adhered to, thereby improving the integrity of recorded data critical for air safety investigations. The AD is applicable nationwide, aligning with the broader framework of international civil aviation standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The amendment recognises advancements in technology that allow for longer maintenance intervals due to increased system reliability and acknowledges that approved maintenance programs for specific aircraft types can offer equivalent maintenance procedures, thereby providing flexibility and reducing potential duplication of tasks. The AD extends its application through subordinate instruments such as CAO 20.18, which specifies the technical and operational standards for these systems. There are no stated exclusions or exemptions within this AD, as it is designed to universally apply to all relevant aircraft within the Australian jurisdiction.

Key Provisions

The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR 1998) as amended by AD/REC/1 Amdt 2 (paragraphs 1 to 6) focus on the maintenance of cockpit voice recording systems (CVRS) in aircraft. Specifically, this amendment (paragraphs 4 to 6) allows for extended intervals between maintenance events due to advancements in technology and recognises that approved maintenance programs for specific aircraft types can offer equivalent procedures to those prescribed by the AD. This amendment effectively replaces AD/REC/1 Amdt 1, providing clearer and more streamlined compliance options for operators. The primary requirement is that all aircraft equipped with CVRS must adhere to the new maintenance schedules or approved maintenance programs that meet the AD's objectives (sections 39.001, 98(5B), 98(5BA), 33(3)). Under this legislation, the obligations imposed on the parties governed include ensuring that all cockpit voice recording systems are maintained according to the intervals specified in the AD or through approved maintenance programs. Operators and maintenance personnel must follow the prescribed procedures to maintain the integrity and reliability of the recorded data, which is crucial for safety investigations. Compliance with these regulations is mandatory, and failure to adhere to the stipulated maintenance schedules or approved programs can result in non-compliance with airworthiness directives and potential safety risks (sections 39.001, 98(5B), 98(5BA)). The AD/REC/1 Amdt 2 does not explicitly state specific offences, penalties, or civil/criminal consequences for breach. However, non-compliance with airworthiness directives can lead to significant consequences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These can include enforcement actions by the Civil Aviation Safety Authority (CASA), potential grounding of aircraft, and legal penalties for operators found to be in breach of safety regulations. The severity of these consequences can vary, but they are designed to ensure high standards of safety and airworthiness are maintained across the aviation industry (sections 98, 39.001, 98(5B), 98(5BA)).

Legal classification tags

Area of Law
Aviation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.