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/BO 105/27
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0049 Correction, issued 24 March 2010.
AD/A330/90
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0048, issued
19 March 2010.
AD/HS 125/119 Amdt 1
This AD was raised in 1991, re-instated and amended in 1998 against British Aerospace Service Bulletin (SB) 32-226-3257A requiring a modification of the MLG torque links. Compliance was not later than 31 May 1992.
This AD was made mandatory by CAA (UK) AD 002-05-91 (applicable to 800A and B series) and FAA AD 92-15-04 (applicable to 800 series only).
As this AD required a one-time modification and has been published for an extended period, it is considered to be no longer required. This AD is therefore cancelled.
AD/B737/286
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 2010-05-13 issued on
9 March 2010.
AD/A320/225 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 2010-0046, issued
19 March 2010.
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 004/10]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government to ensure the safety and efficiency of civil aviation, address the need for consistent and comprehensive regulation of airworthiness directives (ADs) issued by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that protect the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific aircraft or aeronautical products. The policy objective is to maintain the continuing airworthiness of aircraft registered in Australia by ensuring that all relevant safety directives are appropriately addressed and managed. The AD cancellations outlined in the explanatory statement were made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988, to streamline and update the regulatory framework in line with international standards and best practices.
Scope and Application
The Civil Aviation Regulations 1988 apply to all individuals, businesses, and entities involved in civil aviation in Australia, encompassing aircraft, aeronautical products, and associated industries. These regulations are established under the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, which include provisions for airworthiness directives (ADs), further detail the regulatory framework. ADs are legislative instruments that mandate specific safety measures for aircraft and aeronautical products, issued by the Civil Aviation Safety Authority (CASA) in alignment with international standards set by the International Civil Aviation Organization (ICAO). The ADs apply nationally within Australia, affecting both domestic and international aircraft registered in the country. The regulations cover a broad scope of activities, including the continuing airworthiness of aircraft, the responsibilities of States of Design and Registry, and the mandatory compliance with ADs issued by CASA. The application of these regulations is extended through subordinate instruments, which may further specify or amend the requirements as necessary. Certain ADs have been cancelled or superseded by newer directives, reflecting the evolving nature of aviation safety standards and practices.
Key Provisions
The Civil Aviation Regulations 1988, specifically in relation to the revocation of airworthiness directives (ADs), involve several key sections and provisions. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. Subregulation 39.001(5) confirms that ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901.
The obligations imposed by these regulations are multifaceted. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry to ensure continuing airworthiness. The State of Registry, in this case, CASA as Australia’s national airworthiness authority, must assess this information and, if necessary, issue corresponding ADs. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must review and, if appropriate, mandate the AD requirements.
Failure to comply with ADs can lead to significant legal consequences. The Civil Aviation Safety Regulations 1998 outline that ADs are enforceable, and non-compliance can result in various penalties. Specifically, the Civil Aviation Act 1988 provides for civil penalties for non-compliance, which can include fines up to certain maximum amounts prescribed in the Act. Additionally, there may be criminal penalties for more severe breaches, potentially including imprisonment, depending on the nature and severity of the non-compliance. The revocation of specific ADs, as detailed in the Civil Aviation Regulations 1988, ensures that only current and necessary directives are enforced, thereby maintaining the safety and integrity of air navigation in Australia.