CASA ADCX 009/16 - Repeal of Airworthiness Directive

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted by the Parliament of Australia under the Civil Aviation Act 1988 to ensure the safety of air navigation, and to provide a framework for the regulation of civil aviation activities within Australia. One of the key provisions of these regulations is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, which are critical for maintaining the continuing airworthiness of these items. The objective of these ADs is to ensure that any potential safety issues are identified and addressed promptly, thereby enhancing the overall safety of air navigation. CASA ADCX 009/16, which repeals Airworthiness Directive AD/EMY/22, was introduced to address the problem of unnecessary regulatory burden on the industry. AD/EMY/22, originally issued in 1989, pertained to life jackets subject to a United States Federal Aviation Administration directive. CASA reviewed this AD and determined that it is likely that none of the affected life jackets are still in service. Consequently, repealing this AD reduces the regulatory burden on the industry without compromising safety.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) under the Civil Aviation Act 1988 (the Act) govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These regulations apply to all aircraft and aeronautical products registered in Australia, ensuring that their continued operation meets safety standards. The Civil Aviation Safety Authority (CASA) has the power to issue ADs under regulation 39.001 of the CASR 1998, which are legislative instruments unless they apply to a specific person, aircraft, or aeronautical product. CASA must also accept foreign State of Design ADs for aircraft registered in Australia, though it can grant exclusions or approve alternative means of compliance. This regulatory framework extends across the Commonwealth, affecting all entities involved in civil aviation within Australia. The Civil Aviation Safety Regulations 1998 also allow for the repeal of ADs through subordinate legislation, as evidenced by CASA ADCX 009/16, which repealed AD/EMY/22 concerning certain life jackets. This repeal was deemed necessary as the life jackets in question were likely no longer in service, thereby reducing industry burden. The repeal was made under the authority conferred by the Acts Interpretation Act 1901, which allows for the amendment or repeal of legislative instruments. The repeal of this specific AD was considered to have no significant human rights implications, as indicated in the Statement of Compatibility with Human Rights attached to the instrument. The instrument was made by a delegate of CASA, under the delegation of powers granted by subregulation 11.260(1) of the CASR 1998 and subsection 94(1) of the Act, and commenced on 30 April 2016.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) (section 39.001) provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft and aeronautical products. These directives are essential tools for ensuring that air navigation remains safe. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the power to create regulations for the Act, including the authority to issue ADs (subsection 98(5B) and (5BA)). ADs serve as legislative instruments unless specifically tailored to a particular person, aircraft, or aeronautical product. Furthermore, the Acts Interpretation Act 1901 (subsection 33(3)) allows for the repeal, amendment, or variation of these instruments. The obligations imposed by this legislation include the requirement for CASA to accept any AD issued by a foreign State of Design for a type of aircraft registered in Australia, provided that the AD was issued on or after 1 October 2009 (CASR 1998 regulation 39.001A). However, CASA has the discretion to grant exemptions from these ADs or to approve alternative means of compliance. The State of Design bears the responsibility for ensuring the continuing airworthiness of an aircraft type and must furnish necessary information to appropriate States of Registry. Conversely, the State of Registry must establish requirements to ensure the continuing airworthiness of aircraft under its registry, in line with Annex 8 of the Convention on International Civil Aviation. Non-compliance with ADs can result in significant consequences. Under the Civil Aviation Act 1988, breaches may lead to civil penalties, including fines of up to $275,000 for individuals and $1.375 million for corporations, as well as criminal penalties where warranted. Additionally, the continued operation of an aircraft in a non-airworthy condition poses serious safety risks and can result in severe civil and criminal penalties, including imprisonment. The repealing of AD/EMY/22 aims to alleviate the burden on the industry by removing outdated directives that are unlikely to pertain to aircraft currently in service.