CASA ADCX 001/15 - Repeal of Airworthiness Directive

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. This legislation, introduced under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to maintain safety standards, in line with international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. In the case of CASA ADCX 001/15, the instrument repeals AD/TBM 700/46 as its requirements have been superseded by a European Aviation Safety Agency AD issued on 22 December 2014. This repeal aims to reduce the regulatory burden without necessitating further consultation or a Regulation Impact Statement, as it merely aligns Australian regulations with the international standards set by the aircraft's State of Design. The instrument was made by a CASA delegate under the authority conferred by the Civil Aviation Act and the CASR 1998, commencing on 19 January 2015.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to the maintenance and safety of aircraft operating in Australia. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) is responsible for ensuring the safety of civil aviation. CASA issues airworthiness directives (ADs) to ensure compliance with safety standards. ADs apply to specific aircraft or aeronautical products, and in some cases, particular persons. The regulations also allow CASA to repeal or amend existing ADs when they are superseded by new directives or when it is deemed unnecessary to maintain them. The repeal of AD/TBM 700/46 in this instance reflects the superseding of its requirements by a European Aviation Safety Agency directive. This legislative instrument applies nationally and aligns with international standards under the Convention on International Civil Aviation. The repeal does not require additional consultation or a Regulation Impact Statement as it reduces regulatory burden and aligns with international practices.

Key Provisions

The main operative sections of this legislation, F2015L00046, focus on the repeal of Airworthiness Directive AD/TBM 700/46 under the Civil Aviation Safety Regulations 1998 (CASR 1998). This repeal is justified as the requirements of AD/TBM 700/46 have been superseded by a more recent directive issued by the European Aviation Safety Agency (EASA AD 2006-0085R1). The authority to issue airworthiness directives and to repeal them lies with the Civil Aviation Safety Authority (CASA), under sections 39.001 and 39.001A of the CASR 1998. CASA, as Australia's national airworthiness authority, has the power to accept, exclude, or modify foreign State of Design airworthiness directives, but in this instance, the directive has been rendered obsolete by the newer EASA directive. The obligations and requirements imposed by this legislation on relevant parties, particularly CASA, include ensuring that the repealed AD/TBM 700/46 is no longer in effect as of the commencement date of the repeal instrument. CASA must ensure that the newer EASA AD 2006-0085R1 is accepted and applied in place of the repealed directive. This transition requires CASA to communicate effectively with aircraft operators and maintenance providers to ensure compliance with the new directive. Operators and maintainers of affected aircraft must now adhere to the requirements of EASA AD 2006-0085R1, which includes the specified inspection, rectification, or maintenance tasks relevant to the aircraft or aeronautical product in question. There are no specific offences, penalties, or civil/criminal consequences outlined in the repeal instrument itself. However, non-compliance with airworthiness directives, including the superseded AD/TBM 700/46 or the newer EASA AD 2006-0085R1, could result in enforcement actions under the Civil Aviation Act 1988 and the CASR 1998. Such actions might include fines, enforcement notices, or other regulatory measures. The specific penalties for non-compliance with airworthiness directives are detailed elsewhere in the Civil Aviation Act and the CASR 1998, but they could potentially include substantial monetary fines and, in severe cases, prosecution. The exact penalties would depend on the nature and severity of the non-compliance, as well as any resultant safety implications.