CASA ADCX 004/16 - Repeal of Airworthiness Directive

Overview

The Civil Aviation Safety Regulations 1998, amended by the instrument CASA ADCX 004/16, was enacted to repeal the airworthiness directive AD/A320/155. This repeal addresses the obsolescence of the directive, as its requirements have been superseded by the European Aviation Safety Agency's AD 2016-0043, effective from 18 March 2016. The Civil Aviation Safety Authority (CASA) made this legislative instrument under the authority granted by section 98 of the Civil Aviation Act 1988, with the intent of ensuring the safety of air navigation. The repealing instrument was issued without public consultation, deemed unnecessary given the specific circumstances of the superseded directive, and without a Regulation Impact Statement due to a standing agreement between CASA and the Office of Best Practice Regulation. The instrument also includes a Statement of Compatibility with Human Rights, confirming that the repeal does not engage any applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 004/16, applies to the safety and airworthiness of aircraft registered in Australia. This regulatory framework enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are legislative instruments under the Civil Aviation Act 1988, unless they pertain to a specific aircraft, aeronautical product, or individual. The scope of these regulations extends to ensuring compliance with international standards set by the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, must develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, is mandated to accept foreign State of Design ADs but retains the discretion to grant exclusions or approve alternative compliance measures. This repeal of AD/A320/155 reflects the evolving nature of airworthiness standards and the integration of international directives into Australian civil aviation regulations.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments unless they apply to a specific person, aircraft, or product. Under section 33 of the Acts Interpretation Act 1901, CASA also has the authority to repeal such instruments. The Civil Aviation Act 1988 (section 98) further supports CASA's regulatory role by allowing the Governor-General to make regulations in the interests of air navigation safety. Annex 8 to the Convention on International Civil Aviation places the responsibility of continuing airworthiness of an aircraft type with the State of Design, while the State of Registry must ensure the continuing airworthiness of individual aircraft. This instrument specifically repeals AD/A320/155, which has been superseded by the European Aviation Safety Agency AD 2016-0043. The repealed AD/A320/155 required compliance with inspection and maintenance or rectification procedures for specified aircraft or aeronautical products. Compliance with ADs is crucial as they are a primary means of ensuring continuing airworthiness. The repeal of AD/A320/155 reflects the superseding of its requirements by a more recent and comprehensive directive from the European Aviation Safety Agency, thus aligning Australian regulations with international standards. CASA, as Australia’s national airworthiness authority, must accept foreign State of Design ADs but retains the authority to grant exclusions or approve alternative compliance means. Under the repealed AD/A320/155, entities responsible for maintaining the airworthiness of the affected aircraft or aeronautical products were required to follow specific inspection and maintenance protocols. Failure to comply with these directives could result in non-compliance with airworthiness standards, potentially leading to safety risks. CASA did not engage in public consultation for this repeal, as it considered it unnecessary given the alignment with the superseded European directive. Additionally, a Regulation Impact Statement was not required due to a standing agreement between CASA and the Office of Best Practice Regulation regarding ADs. The repeal of AD/A320/155 does not impose new obligations or requirements on the entities it governs but ensures that they must now adhere to the European Aviation Safety Agency AD 2016-0043. The repealed AD/A320/155 had specific compliance requirements and enforcement mechanisms, including potential civil and criminal penalties for non-compliance. The maximum penalties for breaches of airworthiness directives under the Civil Aviation Act 1988 can include substantial fines and imprisonment, reflecting the critical nature of air safety regulations. The legislative instrument does not specify new penalties but indicates that compliance with the new directive should be enforced under existing provisions.