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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/AB139/7 Amdt 1
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 The requirements of this airworthiness directive have been superseded by EASA AD 2011-0019 issued on
3 February 2011.
AD/CESSNA 650/2
This uniquely-Australian Airworthiness Directive mandated a once-only inspection followed by periodic inspections. The periodic inspections are included in the “Revised Periodic Inspection Schedule” Sundstrand Power Systems service bulletin SB-T-62T-49-77 Revision 2. This Airworthiness Directive is no longer required.
AD/LC40/3 Amdt 1
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 2010-03-04 issued on
25 January 2011.
Consultation
No consultation with the Australian public has taken place on these AD cancellations. 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 003/11]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Parliament, aim to ensure the safety of air navigation, as outlined under section 98 of the Civil Aviation Act 1988. The Civil Aviation (Airworthiness Directives) Regulations 2011, which fall under these regulations, were introduced to address the need for the revocation of certain airworthiness directives (ADs) that have been superseded by more recent or equivalent regulatory requirements. The Australian Civil Aviation Safety Authority (CASA) is responsible for issuing these ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring that the continuing airworthiness of aircraft is maintained in accordance with international standards. The policy objective is to streamline regulatory requirements and ensure that only current and necessary directives are in effect, thereby maintaining the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, pertain to the safety of air navigation and encompass various regulations, including those concerning airworthiness directives (ADs). ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to mandate requirements for the continuing airworthiness of aircraft and aeronautical products registered in Australia. These regulations apply to all aircraft and aeronautical products registered in Australia and are intended to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are applicable to the State of Registry, which is responsible for the continuing airworthiness of individual aircraft. The scope of the ADs extends to aircraft types designed by states other than Australia, with CASA required to assess and, if necessary, issue corresponding Australian ADs. These directives are subject to disallowance under the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003. The application of these regulations is national, in line with Australia’s obligations under the Convention on International Civil Aviation. The revocation of specific ADs, as outlined in the document, reflects the evolving nature of airworthiness standards and the continuous efforts to harmonise these with international requirements.
Key Provisions
The Civil Aviation Regulations 1988, specifically through the revocation of certain Airworthiness Directives (ADs), provides the framework for managing the continuing airworthiness of aircraft in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations, including ADs, to ensure the safety of air navigation. The regulations are designed to mandate specific safety measures for aircraft types and aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), these ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901.
The ADs in question pertain to specific aircraft types and are governed by obligations that ensure their airworthiness. The State of Design, responsible for the aircraft type, must provide necessary information to the States of Registry, including Australia. CASA, as the national airworthiness authority, assesses this information and, if necessary, issues Australian ADs that enforce the requirements set by the State of Design. For instance, ADs such as AD/AB139/7 Amdt 1 and AD/LC40/3 Amdt 1, issued on or after 1 October 2009, are defined under CASR Part 39.001A and are subject to revocation if superseded by newer directives from other authorities, such as EASA or FAA.
The obligations imposed by the Act require adherence to the continuing airworthiness requirements set forth in the ADs. Owners and operators of the affected aircraft must comply with these directives, which may include specific inspections, maintenance actions, and modifications. The ADs are designed to address safety issues identified by the State of Design and are intended to be enforced by the States of Registry to ensure that the aircraft remain airworthy. The revocation of certain ADs, such as AD/CESSNA 650/2, signifies that new directives have rendered the previous requirements obsolete, and thus compliance with the newer directives is mandatory.
Failure to comply with the ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs is considered an offence, potentially leading to enforcement actions by CASA. The penalties for non-compliance can include fines and other sanctions, with the maximum penalties varying depending on the severity and nature of the breach. The revocation of specific ADs without public consultation or regulatory impact assessment underscores the importance of adhering to the updated safety requirements mandated by CASA.