Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
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. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Under the previous subregulation 39.001(5) of CASR 1998, an AD was a legislative instrument. This is still the situation under subsection 98(5B) of the Act.
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 ICAO 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must accept that AD. State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/DAUPHIN/94
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by EASA AD 2007-0288R1 issued on
9 January 2012.
AD/F100/34 Amdt 2
A State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been superseded by 2012-0002 issued on 6 January 2012.
Consultation
Foreign State of Design ADs are defined as ADs by CASR regulation 39.001A. Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This 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.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
This AD cancellation has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 001/12]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and to establish a regulatory framework for civil aviation in Australia. This regulatory framework includes the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as the primary means of ensuring the continuing airworthiness of aircraft, particularly when issued by the State of Design and adopted by the State of Registry. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act, with a primary focus on the safety of air navigation. The 2012 legislative instrument under consideration specifically addresses the revocation of certain ADs that have been superseded by new directives issued by the States of Design, ensuring that CASA's regulatory framework remains up-to-date and compliant with international standards. The policy objective is to maintain and enhance the safety standards of aircraft operating within Australia by ensuring that the most current and effective airworthiness directives are in force.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to all persons and entities involved in civil aviation within Australia, including aircraft operators, manufacturers, maintenance providers, and other aviation stakeholders. The scope of the regulations encompasses the safety of air navigation, airworthiness of aircraft, and the implementation of airworthiness directives (ADs). The regulations are applicable nationwide, covering both Commonwealth and state jurisdictions, with the overarching aim of ensuring safety in civil aviation. ADs are directives issued by the Civil Aviation Safety Authority (CASA) or State of Design authorities to address safety issues with aircraft types or aeronautical products. These directives are binding and must be followed by the relevant parties to maintain airworthiness. The revocation of specific ADs as per the instrument F2012L00033 pertains to those ADs that have been superseded by more recent regulatory requirements or directives issued by other authorities, such as the European Aviation Safety Agency (EASA). This revocation ensures that outdated or redundant safety directives do not impede the implementation of the most current safety standards. The regulations do not specify exclusions or exemptions but rather provide a framework within which all aviation-related activities must comply to ensure safety. The instrument itself is an example of how subordinate regulations can extend or refine the application of the overarching Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Regulations 1988 provide a framework for the revocation of airworthiness directives (ADs), which are issued to ensure the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001 (subparagraph 5) of the Civil Aviation Safety Regulations 1998, as referenced in section 98 of the Civil Aviation Act 1988, allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Any AD issued by a State of Design on or after 1 October 2009 is defined under CASR Part 39.001A and must be accepted by CASA as Australia’s national airworthiness authority. The regulations also clarify that if an Australian AD's requirements are superseded by those of a State of Design AD, the newer requirements can take effect without the need for public consultation, as outlined in regulation 39.001A.
The Act imposes several obligations on the entities it governs. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in this case CASA, is mandated to adopt or develop requirements to maintain the airworthiness of aircraft registered within its jurisdiction. CASA must also accept and act upon any ADs issued by the State of Design. Furthermore, the Act requires that these ADs, particularly those issued on or after 1 October 2009, adhere to the definitions and requirements set out in CASR Part 39.001A.
Failure to comply with the provisions of the Civil Aviation Regulations 1988 may result in various legal consequences. While the explanatory statement does not explicitly mention specific offences, penalties, or civil/criminal consequences, it is implied that non-compliance with airworthiness directives could lead to safety risks and potential legal actions. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which form the backbone of the regulatory framework, include provisions for enforcement and penalties that can be applied to ensure adherence to airworthiness standards. These may include fines, imprisonment, or other civil/criminal liabilities, depending on the severity of the breach and the specific regulations violated.