Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988, 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. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
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 assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
AD/DAUPHIN/93
A State of Design airworthiness directive issued on or after 1st October 2009 is defined as an airworthiness directive per CASR Part 39.001A. The requirements of this airworthiness directive have been cancelled by EASA AD 2007-0259R1 Correction: 26 February 2010.
AD/HS 125/122
This AD was raised in 1991, re-instated and amended in 1998 against British Aerospace Service Bulletin (SB) 25-67-25A013A requiring a modification to the washbasin water tank by introducing a new collector/outlet and drain pipe below the washbasin water tank outlet to reduce the possibility of aileron control cable icing following washbasin water tank leakage. Compliance was required not later than 31 March 1992.
This AD was made mandatory by CAA (UK) AD 005-07-91 and FAA AD 92-07-03 amendment 39-8199.
As this AD has been published for an extended period and required only a one-time modification, it is considered to be no longer required. This AD is therefore cancelled.
Consultation
No consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD 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 002/10]