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/DHC-8/144
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 The requirements of this airworthiness directive have been superseded by CF-2009-01R1 dated
31 March 2010.
AD/A320/163 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 The requirements of this airworthiness directive have been superseded by EASA AD 2008-0051R1 dated 14 April 2010.
AD/A330/109
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 2009-0202R1 dated 15 April 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 008/10]
Overview
The Civil Aviation Regulations 1988 were enacted to establish a comprehensive framework for ensuring the safety and efficiency of civil aviation in Australia. This legislation was developed under section 98 of the Civil Aviation Act 1988, empowering the Governor-General to create regulations that prioritise air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the process for issuing airworthiness directives (ADs), which are legislative instruments that mandate specific requirements to maintain aircraft airworthiness. The problem these regulations address includes ensuring that aircraft and aeronautical products meet safety standards, which is critical given the international nature of aviation and the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations were made by CASA, Australia's national airworthiness authority, in line with the policy objective of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Regulations 1988, particularly concerning the revocation of airworthiness directives (ADs), applies to aircraft registered in Australia and their operators, as well as the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. These regulations are instrumental in ensuring the safety of air navigation and are established under section 98 of the Civil Aviation Act 1988. Airworthiness directives issued by the State of Design or CASA mandate specific requirements for aircraft types registered in Australia, and these directives are legislative instruments under the Legislative Instruments Act 2003. The geographic reach of these regulations is national, as they govern the continuing airworthiness of aircraft within Australia. The revocation of specific ADs, such as AD/DHC-8/144, AD/A320/163 Amdt 1, and AD/A330/109, reflects updates or superseded directives by newer regulations or equivalents issued by other national authorities like the European Aviation Safety Agency (EASA). These revocations align with international standards under Annex 8 to the Convention on International Civil Aviation, ensuring that Australia's civil aviation safety regulations remain consistent with global practices.
Key Provisions
The Civil Aviation Regulations 1988 provide the framework for airworthiness directives (ADs) as stipulated in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The State of Design, which is the country where the aircraft was designed, is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry, which are the countries where the aircraft are registered. CASA, as Australia's national airworthiness authority, must assess the information from the State of Design and issue an Australian AD if necessary.
The Civil Aviation Regulations 1988 outline the obligations of the State of Design and the State of Registry to ensure the continuing airworthiness of aircraft. The State of Design must provide information about any safety issues to the State of Registry, and CASA must assess this information to determine if an AD is necessary. If CASA decides that an AD is necessary, it must issue the AD to mandate the requirements of the State of Design. The State of Registry is responsible for ensuring that the AD is complied with and that the aircraft is maintained in an airworthy condition. The regulations also provide for the revocation of ADs when they are superseded by more recent information or when they are no longer necessary.
The Civil Aviation Regulations 1988 provide for the revocation of ADs when they are superseded by more recent information or when they are no longer necessary. For example, AD/DHC-8/144 and AD/A320/163 Amdt 1 have been superseded by CF-2009-01R1 dated 31 March 2010 and EASA AD 2008-0051R1 dated 14 April 2010, respectively. Similarly, AD/A330/109 has been superseded by 2009-0202R1 dated 15 April 2010. The revocation of these ADs does not affect the obligations of the State of Design or the State of Registry to ensure the continuing airworthiness of aircraft.
The Civil Aviation Regulations 1988 do not provide for any offences or penalties for breach of the regulations. However, failure to comply with an AD may result in the aircraft being declared unairworthy, which could result in the aircraft being grounded and the operator being liable for any damages or injuries resulting from the aircraft being unairworthy. Additionally, failure to comply with an AD may result in CASA taking enforcement action against the operator or owner of the aircraft, which could include fines or other penalties. The maximum penalty for breach of the regulations is not specified in the Civil Aviation Regulations 1988.