Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 003/13 - 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/BELL 204/31
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-17-08 issued on
21 December 2012.
AD/BELL 212/53
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-17-08 issued on
21 December 2012.
AD/F100/14
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 The requirements of this airworthiness directive have been superseded by EASA AD 2013-0028 issued on
8 February 2013.
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 003/13]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate the safety of civil aviation in Australia, aiming to ensure the safety of air navigation. This was achieved through the establishment of comprehensive regulations governing various aspects of aviation operations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, serve as legislative instruments to mandate specific safety measures for aircraft types and aeronautical products. The Civil Aviation Act 1988 empowers the Governor-General to make such regulations in the interests of safety. The revocation of specific ADs, as outlined in the Explanatory Statement, addresses the need to streamline and update regulatory requirements, reducing unnecessary burdens while maintaining the overarching goal of ensuring the continuing airworthiness of aircraft. This approach aligns with international standards and the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry collaborate to ensure aircraft safety.
Scope and Application
The Civil Aviation Regulations 1988, as amended by CASA ADCX 003/13, apply to airworthiness directives issued by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988, which encompasses all aircraft and aeronautical products registered in Australia. This regulation is applicable nationally, ensuring consistency with international standards under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design responsibility for an aircraft type's continuing airworthiness. CASA, as Australia's national airworthiness authority, must accept and enforce airworthiness directives issued by the State of Design. The scope of this Act is further clarified through the Civil Aviation Safety Regulations 1998, where airworthiness directives issued on or after 1 October 2009 are defined as legislative instruments. The regulation also accommodates the revocation of certain directives when superseded by more recent directives from other jurisdictions, such as the FAA and EASA, as detailed in the explanatory statement. This Act extends its application through subordinate instruments, ensuring that the regulatory framework remains adaptable to international standards and practices.
Key Provisions
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, allow the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Previously, under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD was a legislative instrument, and this remains the case under subsection 98(5B) of the Act. The document details the revocation of specific ADs related to certain aircraft types, as these directives have been superseded by more recent directives from other regulatory bodies.
The Civil Aviation Regulations 1988 impose obligations on CASA and other relevant parties to ensure the continuing airworthiness of aircraft registered in Australia. Specifically, when a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as the national airworthiness authority, must accept and implement that AD. The State of Registry of an individual aircraft must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered under its jurisdiction. These requirements ensure that all aircraft operating in Australia meet the necessary safety standards.
The revocation of these ADs does not introduce new offences but clarifies the applicable directives for certain aircraft types. The Civil Aviation Safety Regulations 1998 do not specify penalties for non-compliance with airworthiness directives; however, failure to adhere to these directives could lead to severe consequences, including the grounding of non-compliant aircraft and potential criminal charges under broader aviation safety laws. The regulations focus on ensuring that the most current and relevant safety directives are followed, thereby maintaining high safety standards in the Australian aviation industry.