Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 001/13 - 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/B737/246
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-26-02 issued on
12 December 2012.
AD/B737/240
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-21-08 issued on
5 October 2012.
Consultation
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden.
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 001/13]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation and to establish a regulatory framework for the continuing airworthiness of aircraft and aeronautical products in Australia. This legislation was introduced to address the need for consistent and comprehensive regulations governing the airworthiness of aircraft, which is critical to maintaining safety standards in the aviation industry. The Civil Aviation Regulations 1988 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, ensuring that safety standards are met and maintained. The explanatory statement clarifies that under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act's purposes and in the interests of safety. The policy objective of this specific regulatory change is to reduce the regulatory burden by revoking outdated airworthiness directives that have been superseded by newer directives issued by the Federal Aviation Administration (FAA). This approach ensures that the regulations remain current and effective, without imposing unnecessary obligations on stakeholders.
Scope and Application
The Civil Aviation Regulations 1988 apply to the aviation industry within Australia, encompassing both aircraft operators and entities responsible for the airworthiness of aircraft. This legislation is enacted under the Civil Aviation Act 1988, and its primary objective is to ensure the safety of air navigation. Airworthiness directives (ADs), which are issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are integral to maintaining the continuing airworthiness of aircraft. ADs serve as a legislative instrument, providing detailed technical requirements necessary for compliance with safety standards. Although the ADs are issued by the State of Design and must be accepted by CASA, the State of Registry retains responsibility for ensuring the aircraft's ongoing airworthiness. The revocation of certain ADs, as seen in CASA ADCX 001/13, occurs when they are superseded by more recent directives, such as FAA AD 2012-26-02 and FAA AD 2012-21-08, thereby reducing the regulatory burden and streamlining compliance processes. The scope of this regulation extends nationally, ensuring uniformity in safety standards across Australia, and it is compatible with human rights and freedoms as recognised in international instruments.
Key Provisions
The key provisions of the Civil Aviation Regulations 1988, as amended by the instrument CASA ADCX 001/13, revolve around the revocation of specific airworthiness directives (ADs) related to certain aircraft types. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that support the Act and the safety of air navigation. This particular instrument revokes two State of Design airworthiness directives (ADs) for specific Boeing 737 aircraft, namely AD/B737/246 and AD/B737/240, which were issued on or after 1 October 2009. These directives have been superseded by more recent Federal Aviation Administration (FAA) ADs, specifically AD 2012-26-02 and AD 2012-21-08 respectively.
The obligations imposed by the Civil Aviation Regulations 1988, as interpreted by CASA, require that airworthiness directives issued by the State of Design for aircraft on the Australian Register must be accepted by CASA. The revocation of these ADs means that the superseded requirements are no longer enforceable under Australian regulations, and the newer FAA ADs must now be adhered to. This transition ensures that the safety standards continue to be met through updated and relevant directives.
Breaches of airworthiness directives could lead to significant civil or criminal consequences under the Civil Aviation Act 1988 and associated regulations. Non-compliance with airworthiness directives can result in enforcement actions by CASA, including fines, grounding of aircraft, or other regulatory sanctions. The specific penalties for non-compliance are not detailed in the instrument but are outlined in the broader regulatory framework, which may include substantial financial penalties and potential imprisonment for serious offences.
In summary, this instrument serves to update and streamline the regulatory requirements for certain aircraft types by revoking outdated airworthiness directives and aligning them with the latest FAA standards. This change reduces the regulatory burden while maintaining high safety standards, ensuring that the aviation industry continues to operate within a robust and up-to-date regulatory environment.