CASA ADCX 009/15 - Repeal of Airworthiness Directive

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Civil Aviation Act 1988 provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are regulatory requirements for maintaining the airworthiness of aircraft. In line with international standards set by the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, such as CASA in Australia, ensures compliance with these requirements. The repeal of AD/TPE 331/63 Amdt 2, which was superseded by a more recent AD issued by the United States Federal Aviation Administration, aims to streamline regulations and reduce unnecessary burdens on the industry. This repeal was made under the delegation powers provided by the Civil Aviation Act 1988 and CASR 1998, and it aligns with the international obligations to accept ADs from other contracting states. The repeal took effect on 22 July 2015, and CASA determined that further consultation was unnecessary due to the specific nature of the AD and its redundancy following the newer directive.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by CASA ADCX 009/15, apply to aircraft registered in Australia, their operators, and other relevant persons and entities within the aviation industry. These regulations are designed to ensure the continuing airworthiness of aircraft, ensuring that they meet necessary safety standards and comply with international civil aviation conventions. The repeal of the specified airworthiness directive, AD/TPE 331/63 Amdt 2, is a measure taken by the Civil Aviation Safety Authority (CASA) in accordance with the Civil Aviation Act 1988, which empowers CASA to issue and repeal airworthiness directives in the interests of air navigation safety. This repeal is a response to the issuance of a new directive by the United States of America Federal Aviation Administration, which has rendered the Australian directive redundant. The repeal applies nationally across Australia and reflects CASA's commitment to harmonizing safety standards with those of other international civil aviation authorities. The repeal does not exclude any specific persons or entities, and its effect is limited to the removal of the outdated directive, thereby reducing regulatory burden without compromising safety.

Key Provisions

The key provisions of this instrument are detailed in CASA ADCX 009/15, which repeals AD/TPE 331/63 Amdt 2. This repeal is due to the requirements of AD/TPE 331/63 Amdt 2 being superseded by a more recent AD issued by the United States of America Federal Aviation Administration, specifically AD 2015-12-04, which came into effect on 22 July 2015. The repealed AD related to the inspection and rectification or maintenance of specified aircraft or aeronautical products (section 39.001). This repeal is carried out under section 98 of the Civil Aviation Act 1988, which allows for the making of regulations for the Act and in the interests of the safety of air navigation. The obligations and requirements imposed by this Act pertain primarily to the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority. CASA must ensure that any foreign State of Design AD issued on or after 1 October 2009 is accepted unless CASA grants an exclusion or approves an alternative means of compliance. In this case, CASA has determined that the retention of AD/TPE 331/63 Amdt 2 would be purposeless due to it being superseded, thus necessitating its repeal. Furthermore, CASA must ensure that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with relevant airworthiness directives. The repeal of AD/TPE 331/63 Amdt 2 is expected to reduce the regulatory burden without compromising safety standards. Offences, penalties, or civil/criminal consequences for breach under the Civil Aviation Safety Regulations 1998 are not explicitly detailed in this repeal instrument. However, generally, non-compliance with airworthiness directives can lead to enforcement actions by CASA, which may include fines or other penalties. The specific penalties would depend on the nature and severity of the non-compliance as outlined in the broader Civil Aviation Safety Regulations 1998. The instrument notes that no consultation was deemed necessary due to the superseded nature of the directive, and a Regulation Impact Statement was not required as per a standing agreement between CASA and the Office of Best Practice Regulation. The instrument also includes a Statement of Compatibility with Human Rights, affirming that the repeal of AD/TPE 331/63 Amdt 2 does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This statement concludes that the legislative instrument is compatible with human rights as it does not raise any human rights issues. The instrument was made by a delegate of CASA under the authority conferred by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988, and it commenced on 22 July 2015.