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/ARRIEL/28
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 The requirements of this airworthiness directive which referred to EASA AD 2008-0014 have been superseded by EASA AD 2012-0063 issued on 17 April 2012.
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 Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.
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 009/12]
Overview
The Civil Aviation Regulations 1988, as amended by the instrument F2012L00934, address the need to revoke specific airworthiness directives (ADs) in a manner that aligns with international standards and ensures the continuing safety of air navigation. This revocation was enacted by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Civil Aviation Act 1988, with the primary objective of maintaining the safety and efficiency of air navigation in Australia. The policy objective of the Civil Aviation Act 1988 is to ensure that air navigation is safe and that aircraft and aeronautical products meet necessary safety standards. The revocation of certain ADs under this instrument reflects the evolving nature of airworthiness standards and the need to align Australian regulations with international practices as stipulated under Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to any aircraft registered in Australia and are overseen by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Act 1988. This legislation provides CASA with the authority to issue airworthiness directives (ADs) to ensure the safety of air navigation. Airworthiness directives, which are legislative instruments, are issued to maintain or restore airworthiness of aircraft or aeronautical products. The scope of these regulations extends to ensuring that any ADs issued by foreign states of design are accepted and implemented within Australia, as mandated by international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The State of Registry of an aircraft holds responsibility for the ongoing airworthiness, which includes adopting or developing requirements to meet these standards. The revocation of specific ADs, as seen in this regulation, is executed by CASA, the national airworthiness authority, and can be done without public consultation if the requirements are superseded by another directive, as specified under the Civil Aviation Safety Regulations Part 39.001A. This regulatory action is consistent with international obligations and does not infringe on any human rights or freedoms as it pertains solely to technical aviation safety requirements.
Key Provisions
The Civil Aviation Regulations 1988, specifically referencing section 98, empower the Governor-General to establish regulations that serve the objectives of the Civil Aviation Act 1988 and enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. Section 98(5B) of the Act clarifies that ADs remain legislative instruments, and these directives are crucial for maintaining the continuing airworthiness of aircraft types, as mandated under Annex 8 to the Convention on International Civil Aviation.
Under these regulations, the State of Design has the primary responsibility for ensuring the ongoing airworthiness of aircraft types, providing necessary information to the States of Registry. When an AD is issued by a State of Design against a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must acknowledge and implement that AD. Moreover, State of Registry ADs issued on or after 1 October 2009 are defined under CASR Part 39.001A, ensuring that the latest airworthiness requirements are followed. The revocation of certain ADs, such as AD/ARRIEL/28, due to their requirements being superseded by newer directives like EASA AD 2012-0063, reflects the dynamic nature of airworthiness regulations.
Entities governed by these regulations bear several obligations. CASA must accept and enforce ADs issued by the State of Design, while the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. The regulations also specify that certain ADs may be implemented without public consultation if they supersede Australian ADs, as outlined in CASR regulation 39.001A. Additionally, the Office of Best Practice Regulation has determined that these ADs do not require a Regulatory Impact Statement, streamlining the process for implementing necessary changes.
Violations of the Civil Aviation Regulations 1988 may result in various penalties and consequences. While specific penalties are not detailed in the provided text, breaches of airworthiness directives generally attract severe penalties under the Civil Aviation Act 1988. These can include fines, imprisonment, or both, depending on the severity of the breach and its impact on aviation safety. The overarching goal of these provisions is to ensure that all parties adhere to the highest standards of airworthiness, safeguarding the safety of air navigation and the public.