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/ERJ-170/9 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 The requirements of this airworthiness directive which referred to Brazilian AD 2005-09-03R2 have been superseded by Brazilian AD 2005-09-03R3, effective 30 May 2011.
AD/A320/201
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 The requirements of this airworthiness directive have been superseded by EASA AD 2011-0077 issued on
5 May 2011.
AD/RB211/42
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 which referred to EASA AD 2009-0187 have been superseded by EASA AD 2009-0187R2 issued on 6 May 2011 and effective on 20 May 2011.
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 A/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 009/11]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation in the interests of air navigation safety. The Civil Aviation (Airworthiness of Aircraft) Amendment Regulations 2011 (F2011L00731) was introduced by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988. This regulation aims to update the airworthiness directives to reflect changes in international standards and to maintain the safety and airworthiness of aircraft operating in Australian airspace. The regulation revokes certain State of Design airworthiness directives, which were superseded by newer versions issued by other regulatory bodies such as the European Aviation Safety Agency (EASA) and the Brazilian Civil Aviation Authority. The policy objective is to ensure that Australian airworthiness directives remain current and aligned with international safety standards.
Scope and Application
The Civil Aviation Regulations 1988, under the authority of the Civil Aviation Act 1988, govern the safety of air navigation in Australia. Specifically, the regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and are crucial for ensuring the continuing airworthiness of aircraft registered in Australia. The authority to issue ADs stems from the responsibility of the State of Design to provide necessary information for airworthiness and the State of Registry to enforce these directives. In the event that State of Design ADs are issued, CASA must assess and, if appropriate, mandate Australian ADs to align with international standards. The revocation of certain ADs, as described in the explanatory statement, reflects updates and changes to international standards, such as the supersession of Brazilian and European ADs by newer versions. This revocation applies to ADs issued on or after 1 October 2009, affecting specific aircraft models like the ERJ-170, A320, and RB211. These regulatory changes are integral to maintaining safety standards in line with international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Regulations 1988, specifically under section 98 of the Civil Aviation Act 1988, grant the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. This includes the power to issue airworthiness directives (ADs) as stated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are designed to mandate specific actions to ensure the safety and airworthiness of aircraft and aeronautical products. Additionally, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that ADs are disallowable instruments, meaning they can be reviewed and potentially disallowed by Parliament.
The Act imposes several obligations on the parties it governs, including the State of Design and the State of Registry. The State of Design, which is the country where the aircraft is designed, is responsible for ensuring the ongoing airworthiness of the aircraft type. They must provide necessary information to the States of Registry, which are responsible for ensuring the continuing airworthiness of individual aircraft within their jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that the requirements of the State of Design are properly implemented within Australia.
There are potential legal consequences for non-compliance with the Civil Aviation Regulations 1988. While the explanatory statement does not specify detailed penalties for breaches of the ADs, the general framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 suggests that non-compliance could lead to both civil and criminal penalties. For instance, failure to adhere to an AD could result in fines and, in severe cases, imprisonment, reflecting the critical nature of airworthiness compliance. The exact penalties would depend on the specific circumstances and the discretion of the courts.