CASA ADCX 011/14 - Repeal of Airworthiness Directive

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation, aligning with the Civil Aviation Act 1988. The Australian Government, through the Civil Aviation Safety Authority (CASA), has the power to issue airworthiness directives (AD) for aircraft or aeronautical products under regulation 39.001 of the CASR 1998. A significant gap addressed by this legislation is the need to manage and reduce the regulatory burden by updating or repealing ADs that are superseded by newer directives from the aircraft’s State of Design. The policy objective is to streamline aviation safety regulations while maintaining high safety standards. This is achieved through the repeal of outdated ADs, such as AD/B747/362, when they are superseded by more current directives from the United States of America Federal Aviation Administration, as exemplified in this instance.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) govern the safety of civil aviation in Australia, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in ensuring compliance. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, particularly focusing on the safety of air navigation. Within this framework, CASA has the power to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the CASR 1998. ADs are legislative instruments unless they specifically pertain to a particular person, aircraft, or aeronautical product, as indicated in subsections 98(5B) and (5BA) of the Act. The scope of the CASR 1998 extends to all aircraft registered in Australia and to certain aeronautical products, thereby impacting the aviation industry broadly. The regulations also comply with international standards set out in Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. While the Act and its regulations cover a wide range of aviation safety issues, it does not apply to matters explicitly excluded or regulated by other legislation. Subordinate instruments, such as ADs, may further specify requirements or exemptions, thereby extending or restricting the application of the primary regulations.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain several key provisions relevant to airworthiness directives (ADs) and their repeal, as outlined in the explanatory statement (paragraph 1). Section 39.001 of the CASR 1998 provides the authority for the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for air navigation safety, which includes the issuance of ADs (paragraph 2). Furthermore, under section 33 of the Acts Interpretation Act 1901, the power to make regulations includes the power to repeal, rescind, revoke, amend, or vary such regulations (paragraph 3). The Act imposes several obligations and requirements on CASA and the State of Registry regarding ADs. CASA, as the national airworthiness authority, must accept any foreign State of Design AD issued for an aircraft type on the Australian Register, as per regulation 39.001A of CASR 1998 (paragraph 5). CASA can, however, grant an exclusion from the AD or approve an alternative means of compliance (paragraph 6). The State of Registry is responsible for ensuring the continuing airworthiness of the aircraft, including implementing ADs, and must develop or adopt requirements to meet this responsibility (paragraph 7). Breaching the provisions of the Civil Aviation Safety Regulations 1998, including the failure to comply with an AD, can result in both civil and criminal penalties. Section 286 of the Civil Aviation Act 1988 provides that a person who contravenes an AD is guilty of an offence and can be subject to a fine of up to 120 penalty units, which equates to approximately $22,000 (paragraph 10). Additionally, CASA can issue a direction to rectify non-compliance, and failure to comply with such a direction can result in further penalties under section 287 of the Act (paragraph 11). The maximum penalties for these offences reflect the critical importance of adhering to ADs for maintaining aviation safety standards.