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/A330/37 Amdt 2
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0081 issued on
27 April 2010.
AD/CL-600/120
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 The requirements of this airworthiness directive have been superseded by CF-2009-35R1 dated 14 April 2010.
AD/VW/1
This Directive issued in 1988 was issued to require all non-type certificated VW engines to be inspected, assembled and tested by a person approved for the purpose by CASA prior to installations in an aircraft. This requirement followed advice of engines presented to CASA for approval for use in amateur built aircraft, which exhibited numerous component and assembly procedure defects.
CASA has reviewed this AD and determined that the AD does not provide sufficient detail in regard to the specific unsafe condition nor does it specify the particular parts in a manner that would allow for the clear identification of the part/s. Without clear identification of the problem or parts in conjunction with the various build standards that may apply to this engine, the ability to address the unsafe condition remains limited. In addition to the above a search of the CASA SDR system indicates no history of the problem has been reported since the AD was originally issued.
The current suite of rules governing the assembly of aircraft that are fitted with these engines provides a more suitable means of identifying any potential assembly problems and provides for satisfactory testing of these same engines.
It has therefore been determined that the requirements of this AD have been adequately addressed.
AD/XL/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 have been superseded by FA AD 2009-08-05R1 Amdt
39-16264 dated 7 April 2010.
AD/CL-600/107
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 Transport Canada AD
CF-2008-35R1 dated 14 April 2010.
AD/AB139/4
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 EAS AD 2006-0357R1, issued on
22 April 2010.
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 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 010/10]