AD/REC/1 Amdt 4 - Maintenance of Cockpit Voice Recording Systems

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Legislation au F2016L00369 In force Legislative Instrument

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Explanatory Statement

 

Civil Aviation Safety Regulations 1998

 

AD/REC/1 Amdt 4 — 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 Amdt 2 in February 2015 to correct an unsafe situation on all aircraft with cockpit voice recording systems installed in compliance with Civil Aviation Order (CAO) 20.18. CASA subsequently issued AD/REC/1 Amdt 3 in February 2016 to limit the AD’s applicability only 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 CAO 100.5. Following a query from industry received in response to AD/REC/1 Amdt 3, CASA has issued AD/REC/1 Amdt 4 to clarify compliance requirements by removing obsolete regulatory references to the Civil Aviation Regulations 1988 and clarifying requirements under CASR 1998. This AD repeals and replaces the previous AD on this subject.

 

Consultation

This AD is being made as a result of industry feedback. As this AD amendment is of a minor or machinery nature and does not substantially alter existing arrangements apart from updating regulatory references which are well known to industry, it is CASA’s view that it was not appropriate or reasonably practicable to undertake any further consultation under section 17 of the Legislation 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 23 March 2016.

 

[Instrument number AD/REC/1 Amdt 4]

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 4 – 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 Amdt 2 in February 2015 to correct an unsafe situation on all aircraft with cockpit voice recording systems installed in compliance with Civil Aviation Order (CAO) 20.18. CASA subsequently issued AD/REC/1 Amdt 3 in February 2016 to limit the AD’s applicability to only 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 CAO 100.5. As a result of a request from industry, CASA has issued AD/REC/1 Amdt 4 to clarify regulatory references. This AD repeals and replaces the previous AD on this subject.

 

The primary purpose of this legislative instrument is to update regulatory references in the 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 the continuing airworthiness of aircraft. The AD/REC/1 Amdt 4, issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, addresses the need to update and clarify compliance requirements for the maintenance of cockpit voice recording systems. This legislative instrument was developed in response to industry feedback, specifically to correct and clarify obsolete regulatory references and ensure that the requirements are aligned with the current CASR 1998. The AD/REC/1 Amdt 4 replaces previous amendments and aims to maintain the highest standards of safety and compliance in the aviation industry. This legislative update is crucial for maintaining the integrity and effectiveness of cockpit voice recordings, which are vital for accident investigation and safety improvements.

Scope and Application

The Civil Aviation Safety Regulations 1998 Amendment (Maintenance of Cockpit Voice Recording Systems) 2016 (AD/REC/1 Amdt 4) applies specifically to aircraft within the Commonwealth of Australia, focusing on the maintenance of cockpit voice recording systems. This amendment is pertinent to entities responsible for the maintenance and operation of aircraft, particularly those within the scope of Part 42 of the Civil Aviation Safety Regulations 1998, which deals with aircraft maintenance. The amendment updates and clarifies compliance requirements by removing outdated regulatory references and ensuring current adherence to Civil Aviation Safety Regulations 1998. The legislative instrument extends its application to all aircraft in the Commonwealth, ensuring that those involved in the maintenance and operation of such aircraft comply with the updated requirements. There are no stated exclusions or exemptions within this amendment; however, the scope is limited to those aircraft subject to Part 42 of the Civil Aviation Safety Regulations 1998. The amendment also indicates that any further regulatory changes or clarifications may be introduced through subordinate instruments, ensuring the regulations remain current and effective in maintaining aviation safety standards.

Key Provisions

The main operative sections of AD/REC/1 Amdt 4, which is a legislative instrument under the Civil Aviation Safety Regulations 1998 (CASR 1998), concern the maintenance of cockpit voice recording systems. This amendment repeals and replaces previous airworthiness directives to correct and clarify compliance requirements for cockpit voice recording systems on certain aircraft. Specifically, it updates regulatory references to ensure clarity and compliance with CASR 1998. This amendment applies to aircraft that fall under Part 42 of the CASR 1998, which concerns airworthiness directives and recurring airworthiness reviews. The purpose of this amendment is to ensure that all relevant parties understand the updated regulatory requirements for maintaining these systems. The obligations imposed by AD/REC/1 Amdt 4 primarily fall on the operators and maintenance organisations of the affected aircraft. These entities must ensure that their cockpit voice recording systems are maintained in accordance with the updated requirements specified in the amended airworthiness directive. This includes conducting necessary inspections, tests, and maintenance activities to ensure that the systems are functioning correctly and are compliant with CASR 1998. Operators and maintenance organisations must also ensure that any changes or updates to their maintenance procedures and documentation reflect the requirements set out in the amended directive. Failure to comply with the requirements of AD/REC/1 Amdt 4 can lead to serious consequences. The Civil Aviation Safety Authority (CASA) has the authority to enforce these regulations, and non-compliance can result in penalties under the Civil Aviation Act 1988. For civil penalties, CASA may impose fines up to the maximum limits prescribed by the Act, which can be substantial. Additionally, non-compliance can lead to criminal charges, where CASA may prosecute individuals or entities responsible for the breach. In such cases, penalties can include fines and imprisonment, depending on the severity of the offence and the discretion of the court. In summary, AD/REC/1 Amdt 4 updates and clarifies the maintenance requirements for cockpit voice recording systems on aircraft governed by Part 42 of the CASR 1998. Operators and maintenance organisations must adhere to these updated requirements to ensure compliance. Non-compliance can lead to civil and criminal penalties, underscoring the importance of adhering to these regulations to maintain aviation safety standards.

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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.