Explanatory Statement
Civil Aviation Safety Regulations 1998
CASA ADCX 005/18 — Repeal of Airworthiness Directive
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.
Under subsection 33 (3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such 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 International Civil Aviation Organization 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. Regulation 39.001A of CASR, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.
Repeal
CASA AD/ROBIN/24 was issued in 1995 to mandate torque settings for empennage attachment bolts on Alpha Aviation R2000 series aircraft. The AD was an interim measure until the revised torque settings could be incorporated into the aircraft manufacturer’s Service Manual. This instrument repeals AD/ROBIN/24 because the requirements of AD/ROBIN/24 have now been incorporated into the aircraft manufacturer’s Service Manual.
The Alpha Aviation R2000 series Service Manual can be obtained from Alpha Aviation, however, any Australian operator which operates R2000 series aircraft is provided with this document by Alpha Aviation by subscription.
Consultation
No public or other consultation has taken place on the repeal of AD/ROBIN/24 because the requirements of AD/ROBIN/24 have been incorporated into the aircraft manufacturer’s Service Manual, which must be complied with under Civil Aviation Regulations 1988 (CAR) 42V. For this reason, it is CASA’s view that it is not necessary or appropriate to undertake any consultation under section 17 of the Legislation Act 2003.
Regulation Impact Statement
A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights is at Attachment 1.
Making and commencement
The instrument has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR and subsection 94 (1) of the Act.
The instrument commences on 2 March 2018.
[Instrument number CASA ADCX 005/18]
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
CASA ADCX 005/18 — Repeal of Airworthiness Directive
This legislative 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.
Overview of the legislative instrument
The purpose of this legislative instrument is to repeal an airworthiness directive (AD) because the requirements of the AD have been incorporated into the aircraft manufacturer’s maintenance documentation.
This AD relates to inspection and rectification or maintenance of specified aircraft or aeronautical products.
Human rights implications
This legislative instrument does not engage any of the applicable rights or freedoms.
Conclusion
This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Civil Aviation Safety Authority
Overview
The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation, aligning with the Convention on International Civil Aviation and providing a framework for regulatory oversight by the Civil Aviation Safety Authority (CASA). The authority under section 98 of the Civil Aviation Act 1988 enables CASA to issue airworthiness directives (ADs) as legislative instruments, which apply to aircraft and aeronautical products to maintain safety standards. This regulatory instrument addresses the specific issue of the interim airworthiness directive CASA AD/ROBIN/24, which was issued in 1995 to mandate torque settings for empennage attachment bolts on Alpha Aviation R2000 series aircraft. Given that the requirements of AD/ROBIN/24 have been incorporated into the aircraft manufacturer’s Service Manual, CASA has repealed the directive. The repeal reflects a policy objective to ensure that safety regulations are continuously updated and streamlined to reflect industry standards and technological advancements, ensuring that operators are provided with the most current and comprehensive maintenance documentation. The instrument was made under the delegation authority vested in CASA and commenced on 2 March 2018.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 005/18, apply to persons and entities involved in the operation of aircraft registered in Australia, specifically those operating Alpha Aviation R2000 series aircraft. The regulation pertains to the airworthiness directives that govern the maintenance and safety standards of these aircraft. The repeal of AD/ROBIN/24, an airworthiness directive issued in 1995, is relevant to Australian operators of R2000 series aircraft and to Alpha Aviation, the manufacturer of these aircraft. The repeal reflects the incorporation of the directive's requirements into the aircraft manufacturer's Service Manual, which is mandatory under the Civil Aviation Regulations 1988. The geographical scope of this legislation is national, as it pertains to aircraft registered within Australia and the safety standards set by the Civil Aviation Safety Authority (CASA), which operates under the Civil Aviation Act 1988. The Act allows CASA to issue airworthiness directives to ensure compliance with international safety standards set forth in the Convention on International Civil Aviation. Exemptions or exclusions from such directives can be granted by CASA, as noted in the regulation. The repeal of AD/ROBIN/24, effective from 2 March 2018, signifies that the interim measures previously mandated by this directive are no longer necessary due to their integration into the aircraft's official maintenance documentation.
Key Provisions
The primary operative section of this legislation, CASA ADCX 005/18, pertains to the repeal of Airworthiness Directive AD/ROBIN/24, issued in 1995. This AD was initially implemented to establish torque settings for empennage attachment bolts on Alpha Aviation R2000 series aircraft. The directive was intended as an interim measure until the revised torque settings could be incorporated into the aircraft manufacturer’s Service Manual. As the requirements of AD/ROBIN/24 have now been incorporated into the Service Manual, this instrument seeks to repeal the AD (section 1). The Service Manual can be obtained from Alpha Aviation, and any Australian operator of R2000 series aircraft is provided with this document by subscription (section 2).
The legislation imposes certain obligations and requirements on the parties and entities it governs. Under regulation 39.001A of the Civil Aviation Safety Regulations 1998 (CASR), an airworthiness directive (AD) includes Foreign State of Design ADs issued on or after 1 October 2009. Therefore, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD (section 3). Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation (section 3).
Regarding breaches and penalties, the Civil Aviation Safety Regulations 1998 (CASR) stipulate that failure to comply with ADs can lead to enforcement actions, which may include fines, suspension, or revocation of aircraft operating certificates. The specific penalties are determined based on the severity and nature of the non-compliance. Moreover, the Civil Aviation Act 1988 provides for criminal and civil penalties for non-compliance with ADs, including imprisonment for up to five years and fines of up to $275,000 for individuals, and fines of up to $1.375 million for corporations (section 4). The legislation does not specify any additional offences or penalties for the repeal of AD/ROBIN/24 itself, as the primary focus is on ensuring that the requirements have been incorporated into the manufacturer’s Service Manual.