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]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive legal framework governing the safety and efficiency of civil aviation in Australia. This legislation was introduced to address the need for a cohesive set of regulations to govern the myriad aspects of civil aviation, including the safety of air navigation and the continuing airworthiness of aircraft. The Australian Parliament is the enacting body for this regulation, with the objective of ensuring the highest standards of safety and efficiency in the aviation sector. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives to mandate requirements for the continuing airworthiness of aircraft, ensuring compliance with international standards and best practices. The revocation of certain airworthiness directives, such as AD/DAUPHIN/93A and AD/HS 125/122, reflects the ongoing evaluation and updating of safety requirements to reflect technological advancements and operational feedback. This process is overseen by CASA to maintain the safety and efficiency of the Australian civil aviation system.
Scope and Application
The Civil Aviation Regulations 1988, as amended, pertain to the revocation of certain airworthiness directives (ADs) under the authority of the Civil Aviation Act 1988. Specifically, these regulations apply to ADs issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which pertain to the types of aircraft or aeronautical products that require safety interventions. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The application of these regulations extends to both the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. The Civil Aviation (Safety) Regulations 1998 mandate that when a State of Design issues an AD against an aircraft type registered in Australia, CASA, as the national airworthiness authority, must assess and potentially issue an Australian AD to enforce the requirements set forth by the State of Design. The revocation of certain ADs, as illustrated in the document, is made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, under the authority vested by the Act.
Key Provisions
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, allow the Governor-General to establish regulations aimed at ensuring the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001). These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)). ADs are essential for maintaining the continuing airworthiness of aircraft types, and they are issued by most states that are signatories to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry, which in turn are responsible for ensuring the airworthiness of individual aircraft registered within their jurisdiction.
The obligations imposed by these regulations require CASA to carefully assess any AD issued by the State of Design for aircraft registered in Australia. If an AD is deemed appropriate, CASA must issue an Australian AD to mandate the requirements specified by the State of Design. This ensures that Australian-registered aircraft meet international safety standards. For instance, the AD/DAUPHIN/93A, issued by the State of Design, has been cancelled by a subsequent AD from the European Aviation Safety Agency (EASA). Similarly, the AD/HS 125/122, originally mandating a modification to the washbasin water tank to prevent icing of aileron control cables, has been cancelled as it is considered no longer necessary. These cancellations reflect the ongoing evaluation and updating of safety measures to ensure they remain relevant and effective.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines. The maximum penalty for an individual is generally set out in the relevant regulation or statute, and for corporations, the penalties can be significantly higher. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft or revoking an airworthiness certificate. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation. The regulatory framework ensures that all stakeholders, including aircraft operators and maintenance providers, are well-informed and compliant with the safety requirements.