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/A330/98
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 The requirements of this airworthiness directive which referred to EASA AD 2008-0209 have been superseded by EASA AD 2010-0083, effective 17 May 2010.
AD/DHC-8/88 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 The requirements of this airworthiness directive which referred to Transport Canada AD CF-2002-26R1 have been superseded by Transport Canada AD CF-2002-26R2 issued on 27 April 2010.
AD/EMB-110/54 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 have been superseded by Brazilian (ANAC) AD
2006-10-01R2 issued on 11 May 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 011/10]
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, address the need for safety regulations in air navigation. This Act allows the Governor-General to create regulations to ensure the safety of air navigation, delegating the responsibility to the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 empowers CASA to issue airworthiness directives (ADs) for aircraft and aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901. ADs are crucial for ensuring the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation and its Annex 8. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce requirements set by the State of Design when they issue ADs for aircraft on the Australian Register.
Scope and Application
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations that ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing the process for issuing airworthiness directives (ADs). These ADs, classified as legislative instruments under the Legislative Instruments Act 2003, are critical in maintaining the continuing airworthiness of aircraft types registered in Australia. The State of Design, usually the country where the aircraft is manufactured, bears the responsibility for ensuring the ongoing airworthiness of the aircraft type, providing necessary information to States of Registry. As Australia's national airworthiness authority, the Civil Aviation Safety Authority (CASA) must review this information and, if deemed necessary, issue Australian ADs to enforce the requirements specified by the State of Design. The revocation of specific ADs, as seen in the examples provided, is done to align with updated information or directives from other national authorities such as the European Aviation Safety Agency (EASA), Transport Canada, and the Brazilian National Civil Aviation Agency (ANAC). The process of revoking these ADs is carried out by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, following the requirements set out in the Civil Aviation Act 1988.
Key Provisions
The primary provisions of the Civil Aviation Regulations 1988 concerning the revocation of Airworthiness Directives (ADs) are found in regulation 39.001(5) of the Civil Aviation Safety Regulations 1998. This regulation allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring that these directives comply with safety standards as mandated by the Civil Aviation Act 1988 (section 98). ADs issued on or after 1 October 2009 are classified as legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The revocation of specific ADs, such as AD/A330/98, AD/DHC-8/88 Amdt 1, and AD/EMB-110/54 Amdt 1, is detailed in the explanatory statement, highlighting that these directives have been superseded by newer versions issued by other regulatory bodies, such as EASA, Transport Canada, and ANAC.
The obligations imposed by the Civil Aviation Regulations 1988 on the parties governed by these ADs include ensuring that all aircraft and aeronautical products meet the continuing airworthiness requirements as mandated by the State of Registry, which, in the case of Australia, is CASA. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia. CASA must then assess this information and issue an Australian AD if necessary. Additionally, operators and owners of affected aircraft must comply with the requirements outlined in the ADs to maintain the airworthiness of their aircraft.
Failure to comply with the ADs can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to criminal charges. The specific penalties for such offences are not detailed in the explanatory statement but can include fines and imprisonment as prescribed by the Act. Furthermore, operators who fail to comply with the airworthiness requirements may face civil penalties, including financial penalties or the suspension of their operating certificates, thereby affecting their ability to conduct operations. These measures ensure that the safety standards are upheld, and the risks associated with air travel are minimised.