Explanatory Statement
Civil Aviation Regulations 1988
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/CF6/65 Amdt 2
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-04-05 issued on
17 February 2012.
AD/JETSTREAM/34 Amdt 2
This Directive, at initial issue, was raised to formally promulgate the Airworthiness Limitations for BAe Jetstream 3100 and 3200 series aircraft. Since the issue of that Directive, the manufacturer has included requirements which supersede those mandated by Amendment 2 of this AD. CAO 100.50 Paragraph 9 requires an operator to comply with the Airworthiness limitations section document issued by the manufacturer. Therefore the actions previously detailed in this Directive are no longer required.
Consultation
Foreign State of Design ADs are defined as ADs by CASR regulation 39.001A. Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.
As AD/CF6/65 Amdt 2 is superseded by State of Design AD 2012-04-05, no consultation has taken place with regard to the cancellation of this AD.
As a result of a request from industry, CASA has reviewed AD/JETSTREAM/34 Amdt 2. This AD contained the Airworthiness Limitations for BAe Jetstream 3100 and 3200 series aircraft. As the manufacturer has included requirements which supersede those mandated by Amendment 2 of this AD in their documentation which must be complied with under CAO 100.50 Paragraph 9, the actions required by the AD are no longer required. As the AD cancellation removes redundant requirements, simplifies compliance and adds no additional burden for industry, no public consultation has taken place.
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, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 007/12]
Overview
The Civil Aviation Regulations 1988 were enacted to address the need for comprehensive regulation in the interests of the safety of air navigation. The 1988 Act established a framework under which the Governor-General can make regulations, with section 98 being particularly relevant to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborated on this by empowering CASA to issue ADs for specific types of aircraft or aeronautical products. The text addresses the revocation of certain ADs to streamline and update regulatory requirements without creating additional burdens for industry. The policy objective is to ensure the continuing airworthiness of aircraft through clear, updated, and necessary regulations while maintaining compatibility with human rights and international obligations.
Scope and Application
The Civil Aviation Regulations 1988, as amended, applies to persons and entities involved in civil aviation in Australia, including aircraft manufacturers, operators, and maintenance providers. The regulations are made under the Civil Aviation Act 1988 and are intended to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for certain types of aircraft or aeronautical products. ADs issued by the State of Design are considered legislative instruments and must be accepted by CASA as Australia’s national airworthiness authority. The revocation of certain ADs, as detailed in the explanatory statement, is made under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The revocation of AD/CF6/65 Amdt 2 and AD/JETSTREAM/34 Amdt 2 was made without public consultation as they have been superseded by more recent directives or manufacturer requirements. The revocation is consistent with international obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility for continuing airworthiness on the State of Design and State of Registry. The revocation does not require a Regulatory Impact Statement and is compatible with human rights and freedoms as recognised in relevant international instruments.
Key Provisions
The Civil Aviation Regulations 1988, as amended, include provisions for the revocation of certain airworthiness directives (ADs) in sections that pertain to airworthiness and safety (sections 39.001, 39.001A). Under these sections, airworthiness directives issued by the Civil Aviation Safety Authority (CASA) can be revoked if they have been superseded by directives from the State of Design or if they are redundant due to changes in the manufacturer's requirements. This revocation process is designed to ensure that the most current and relevant safety information is applied to aircraft in the Australian Register. Specifically, section 39.001A allows for the acceptance of State of Design ADs without the need for public consultation when they supersede Australian ADs, thereby streamlining the regulatory process and ensuring compliance with international standards.
The obligations imposed by the Civil Aviation Regulations on the parties involved are primarily focused on compliance with airworthiness directives. Operators of aircraft must adhere to the airworthiness limitations and requirements set forth in the ADs, whether issued by CASA or by the aircraft's State of Design. These obligations are further detailed in the Civil Aviation Safety Regulations 1998, which mandate that CASA, as Australia's national airworthiness authority, must accept and implement ADs from the State of Design. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must ensure that all applicable ADs are complied with. Manufacturers also have a role in providing updated documentation that may supersede existing ADs, which must be followed by aircraft operators under CAO 100.50 Paragraph 9.
In terms of consequences for non-compliance, breaches of airworthiness directives can lead to significant civil and criminal penalties. Under the Civil Aviation Act 1988, failure to comply with an AD can result in substantial fines and, in some cases, imprisonment. The exact penalties depend on the severity of the breach and the impact on aviation safety. CASA has the authority to enforce these regulations through various means, including fines, suspension of airworthiness certificates, and legal action. Additionally, operators who fail to adhere to ADs may face operational restrictions or be barred from flying certain aircraft until compliance is achieved.
The Civil Aviation Regulations 1988 also ensure that the revocation of ADs does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This decision is based on the assessment that the cancellation of certain ADs does not significantly impact the human rights and freedoms recognised in international instruments. The compatibility of these regulations with human rights is underscored by the fact that the instrument primarily focuses on technical safety requirements without engaging any of the applicable rights or freedoms. Overall, the legislative framework aims to maintain the highest safety standards in civil aviation while balancing the needs of industry and the public.