CASA ADCX 008/15 - Repeal of Airworthiness Directives

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia. Under the Civil Aviation Act 1988, the Governor-General has the authority to create regulations to maintain air safety, and regulation 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These ADs are legislative instruments unless they are specific to a person, aircraft, or product. The CASR 1998 repeals two airworthiness directives: AD/BELL 206/114, which has been superseded by a Transport Canada directive, and AD/ELECT/11 Amendment 1, which relates to electrical relays no longer in use. The repeals were made without public consultation as they were deemed unnecessary and would have reduced the regulatory burden. The instrument was made by a CASA delegate under the delegation power specified in the CASR 1998 and the Civil Aviation Act 1988, and it commenced on 25 June 2015.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 008/15, apply to all aircraft and aeronautical products registered in Australia, and their operation within Australian territory, including the territorial sea. The regulations, under the Civil Aviation Act 1988, are designed to ensure the safety of air navigation by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft types or aeronautical products. The ADs are legislative instruments unless explicitly stated to apply to a particular person, aircraft, or aeronautical product. CASA has the authority to repeal, rescind, revoke, amend, or vary ADs, aligning with the Convention on International Civil Aviation’s Annex 8. The repeal of specific ADs, such as AD/BELL 206/114 and AD/ELECT/11 Amdt 1, is based on the supersession of foreign ADs or the obsolescence of the affected components. This instrument does not require public consultation or a Regulation Impact Statement, as deemed unnecessary by CASA due to the reduction of regulatory burden. The instrument was made under the delegation power provided in the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, and it commenced on 25 June 2015. The repeal of these directives aligns with human rights as it does not engage any relevant rights or freedoms.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General has the authority to make regulations for the Act, particularly focusing on the safety of air navigation (98). Regulation 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) for a kind of aircraft or aeronautical product. These ADs are considered legislative instruments unless they are specifically directed towards a particular person, aircraft, or aeronautical product (98(5B), 98(5BA)). The Acts Interpretation Act 1901 allows the power to make such instruments to also include the power to repeal, rescind, revoke, amend, or vary them (33(3)). Under the Civil Aviation Safety Regulations 1998, CASA has specific obligations related to airworthiness directives. CASA must accept foreign State of Design ADs that apply to aircraft on the Australian Register. However, CASA has the authority to grant an exclusion from these ADs or approve alternative means of compliance if deemed appropriate (39.001A). This flexibility allows CASA to ensure compliance with international safety standards while accommodating specific circumstances of aircraft registered in Australia. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure compliance with safety standards (Annex 8). The Civil Aviation Safety Regulations 1998 impose penalties for non-compliance with airworthiness directives. Any breach of these regulations can result in civil or criminal consequences, depending on the severity of the violation. The maximum penalties for such breaches are not explicitly stated in the provided text but would typically be determined by relevant aviation laws and regulations. Compliance with airworthiness directives is crucial to maintaining the safety and airworthiness of aircraft operating within Australia. This legislative instrument, CASA ADCX 008/15, specifically repeals two airworthiness directives: AD/BELL 206/114 and AD/ELECT/11 Amdt 1. The repeal of AD/BELL 206/114 is due to the requirements of this directive being superseded by a Transport Canada AD. Similarly, AD/ELECT/11 Amdt 1 has been repealed because the affected electrical relays are no longer available and the directive is no longer necessary. The repeal of these directives aims to reduce regulatory burden and ensure that only relevant and necessary safety measures remain in force.