CASA 136/15 – Approval – alternate means of compliance issued by a foreign State of Design for an airworthiness directive issued by the foreign State of Design
as amended
made under the Civil Aviation Safety Regulations 1998.
This compilation was prepared on 22 January 2016 taking into account amendments up to CASA 07/16.
Prepared by the Legal Branch, Legal Services Division, Civil Aviation Safety Authority, Canberra.
1 Commencement
This instrument commences on the day of registration.
2 Definitions
AMOC means an alternate means of compliance.
equivalent Australian airworthiness directive means an airworthiness directive that has been issued by CASA for the purpose of addressing an unsafe condition in a particular kind of aircraft or a particular kind of aeronautical product that is subject to a foreign airworthiness directive.
foreign airworthiness directive means an airworthiness directive for a particular kind of aircraft or a particular kind of aeronautical product that was issued, before 1 October 2009, by the NAA of the State of Design for the particular kind of aircraft or the particular kind of aeronautical product.
NAA means National Aviation Authority.
3 Application
This approval applies to an AMOC issued by a foreign NAA (foreign AMOC) in respect of a foreign airworthiness directive for which an equivalent Australian airworthiness directive has been issued.
4 Approval
(1) Subject to subsection (2), I approve as an AMOC with an equivalent Australian airworthiness directive for a particular kind of aircraft or aeronautical product, a foreign AMOC with the foreign airworthiness directive that corresponds to the equivalent Australian airworthiness directive.
(2) The approval operates to the extent mentioned in section 5.
5 Extent of approval
An AMOC approve d under section 4 will cease to have effect immediately after the foreign AMOC ceases to have effect.
6 Condition
This approval is subject to the condition in Schedule 1.
Schedule 1 Condition
A person who relies on an AMOC approved under section 4 must, upon request, provide to CASA:
(a) a copy of the foreign AMOC; and
(b) details of the person’s manner of compliance.
Notes to CASA 136/15 – Approval – alternate means of compliance issued by a foreign State of Design for an airworthiness directive issued by the foreign State of Design
Note 1
CASA 136/15 – Approval – alternate means of compliance issued by a foreign State of Design for an airworthiness directive issued by the foreign State of Design (in force under paragraph 39.004 (3) (a) of the Civil Aviation Safety Regulations 1998) as shown in this compilation is amended as indicated in the tables below.
Table of instruments
Title | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
CASA EX136/15
Approval – alternate means
of compliance issued by a foreign State of Design for an airworthiness directive issued by the foreign State of Design | 18 September 2015 (see F2015L01458) | 18 September 2015 | — |
CASA EX07/16
Amendment of instrument CASA 136/15 – Approval – alternate means of compliance issued by a foreign State of Design for an airworthiness directive issued by the foreign State of Design | 22 January 2016 (see F2016L00061) | 23 January 2016 | — |
Table of amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Schedule 1 | am. CASA 07/16 |
Overview
CASA 136/15, enacted in 2015 under the Civil Aviation Safety Regulations 1998, addresses the need for recognising alternate means of compliance (AMOC) issued by foreign National Aviation Authorities (NAA) in relation to airworthiness directives issued by those foreign authorities. The Civil Aviation Safety Authority (CASA), the regulatory body responsible for the safety and efficiency of civil aviation in Australia, introduced this legislative instrument to ensure that Australian aircraft and aeronautical products meet safety standards equivalent to those established by other countries. The overarching policy objective is to maintain high safety standards in Australian aviation while facilitating international cooperation and recognising the safety measures implemented by other nations. This legislative instrument allows for the approval of AMOCs issued by foreign NAAs, provided that an equivalent Australian airworthiness directive exists, thus ensuring a consistent approach to airworthiness and safety across jurisdictions.
Scope and Application
The legislative instrument CASA 136/15, approved by the Civil Aviation Safety Authority (CASA), pertains to the alternate means of compliance (AMOC) issued by a foreign National Aviation Authority (NAA) for an airworthiness directive concerning aircraft or aeronautical products. This approval applies to AMOCs issued by foreign NAAs in respect of foreign airworthiness directives for which an equivalent Australian airworthiness directive has been issued by CASA. The approval process operates under the Civil Aviation Safety Regulations 1998 and allows the use of a foreign AMOC in lieu of an Australian airworthiness directive, provided it meets the equivalent safety standards. The approval is subject to the condition that the person relying on the AMOC must provide CASA with a copy of the foreign AMOC and details of their compliance upon request. This legislative instrument is subject to amendments and modifications as indicated in subsequent legislative instruments such as CASA EX07/16. The geographic reach of this approval is national, affecting all aircraft and aeronautical products operating within Australia that are subject to equivalent Australian and foreign airworthiness directives.
Key Provisions
The main operative sections of CASA 136/15 pertain to the approval of alternate means of compliance (AMOC) issued by a foreign National Aviation Authority (NAA) for airworthiness directives. Section 4 (1) states that an AMOC issued by a foreign NAA, in respect of a foreign airworthiness directive, is approved if it corresponds to an equivalent Australian airworthiness directive. The scope of this approval is outlined in section 5, which indicates that the approval ceases to have effect immediately after the foreign AMOC ceases to have effect. This approval is subject to a condition, detailed in Schedule 1, which requires a person who relies on an AMOC to provide CASA with a copy of the foreign AMOC and details of their compliance upon request.
The obligations imposed on parties under this Act include ensuring that any AMOC used must be approved by CASA and corresponds to an equivalent Australian airworthiness directive. This requirement is further detailed in Schedule 1, which mandates that individuals or entities relying on an AMOC must provide CASA with a copy of the foreign AMOC and details of their compliance. The intent behind this provision is to ensure that the safety standards set by CASA are being met, even when alternate means of compliance are employed.
Breaching the obligations set forth in this Act can lead to civil or criminal consequences. For instance, failure to provide CASA with a copy of the foreign AMOC and compliance details upon request can result in penalties. The maximum penalties for such breaches are not explicitly stated in the text but may be found in other relevant legislation or regulations. It is essential for parties governed by this Act to adhere to the outlined obligations to avoid potential legal repercussions.