Civil Aviation Act 1988
Civil Aviation Safety Regulations 1998
Approval — means of compliance with Airworthiness Directive for Bombardier aircraft
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation.
Regulation 39.003 of the Civil Aviation Safety Regulations 1998 (CASR 1998) makes it an offence to operate an Australian aircraft covered by an airworthiness directive (AD) in breach of the requirements of the AD.
In accordance with paragraph 39.004(3)(a) of CASR 1998, CASA may in writing approve a means of compliance (an AMOC) with an AD for a particular kind of aircraft. Under paragraph 39.002(c) of CASR 1998, an aircraft for which an AD has been issued ceases to be covered by the AD if the requirements of an AMOC have been complied with.
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. As of 1 October 2009, when a State of Design issues an AD for a type of aircraft on the Australian Register, Part 39 of CASR 1998 requires compliance with these State of Design ADs. However, CASA, as Australia’s national airworthiness authority, may assess this information and, if appropriate, issue an AMOC for the State of Design AD. In making a decision whether to approve an AMOC, CASA must regard the preservation of a level of aviation safety that is at least acceptable as paramount.
Transport Canada, the national airworthiness authority of the State of Design for Bombardier Inc. aircraft, issued AD number CF-2011-03R2 (the Canadian AD) with an effective date of 11 March 2013. The Canadian AD deals with chemical oxygen generators installed in lavatories of transport category aeroplanes in passenger-carrying operations in Canadian airspace. It also applies to Bombardier Inc. aeroplanes in commercial passenger‑carrying operations anywhere in the world and requires the installation of a supplemental oxygen system in each lavatory within 37 months of the effective date.
To ensure Australian operators are not in breach of the Canadian AD and regulation 39.003 of CASR 1998, CASA has issued this instrument to allow retention of any original chemical oxygen generator installed in any lavatory to be taken as compliance with the Canadian AD. CASA has regarded the preservation of a level of aviation safety that is at least acceptable as paramount. CASA’s position is that the replacement of chemical oxygen generators with supplemental oxygen generators will not improve the safety of aviation, and that the removal or disabling of emergency oxygen generators in the interim will decrease the level of safety existing on those aircraft.
Legislative Instruments Act
An AMOC issued under paragraph 39.004(3)(a) of CASR 1998 is issued for paragraph 98(5A)(b) of the Act, which provides that the regulations may empower CASA to issue instruments in relation to the airworthiness of, or design standards for, aircraft. Subsection 95(5B) provides that an instrument issued under subsection 98(5A)(b) of the Act is a legislative instrument. Therefore, in accordance with subsection 98(5B) of the Act, this instrument is a legislative instrument and is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instrument Act 2003.
Consultation
In making the instrument, CASA has drawn on the knowledge of persons within CASA having expertise in relevant fields. The issue of the instrument is in accordance with Part 39 of CASR 1998 and will facilitate compliance by operators of the affected aircraft with the Canadian AD. Therefore, the instrument is not likely to have a direct, or substantial indirect, adverse effect on business and is not likely to restrict competition. CASA’s position is that no external consultation on the issue of the AMOC is appropriate, because of the nature of the AMOC as a relief from compliance with an AD and its beneficial effect on business and aviation safety. Therefore, no external consultation has been conducted.
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument commences on the day of registration and ceases to have effect if the Canadian AD is amended or cancelled.
The instrument has been made by a delegate of CASA relying on the power of delegation in subregulation 11.260(1) of CASR 1998.
[Instrument number AEB 13/1815]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Approval — means of compliance with Airworthiness Directive for Bombardier aircraft
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 purpose of this legislative instrument is to approve a means of compliance with a foreign State of Design airworthiness directive (AD) other than that set out in the AD.
This legislative instrument provides the operator of Bombardier Inc. aeroplanes registered in Australia with a means of compliance with Canadian Airworthiness Directive CF 2011-03R2. In the absence of this instrument, the operators of those aeroplanes would be required to install a supplemental oxygen system in each lavatory of those aeroplanes. This instrument allows them to instead retain the original chemical oxygen generator installed in any lavatory.
Human rights implications
The legislative instrument promotes the right to life and the right to health by allowing the retention and use of emergency oxygen generators on board the affected aircraft.
This legislative instrument does not otherwise engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it promotes human rights.
Civil Aviation Safety Authority