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/B747/142
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 The requirements of this airworthiness directive have been superseded by FAA AD 2010-05-10 issued on
17 May 2010.
AD/TBM 700/52 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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0090 issued on
18 May 2010.
AD/A320/224
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 2008-0034R1 issued on 18 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 012/10]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to establish regulations in the interests of air navigation safety. Specifically, it enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring compliance with international standards for aircraft and aeronautical products. The ADs, classified as legislative instruments under the Legislative Instruments Act 2003, serve as crucial mechanisms for maintaining the continuing airworthiness of aircraft types registered in Australia. The Civil Aviation Regulations 1988 aim to align with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for an aircraft's airworthiness, while the State of Registry ensures the individual aircraft's compliance with safety standards. The enactment of these regulations facilitates the revocation of outdated ADs, as demonstrated by the specified airworthiness directives that have been superseded by newer international directives, ensuring the relevance and effectiveness of air safety regulations.
Scope and Application
The Civil Aviation Regulations 1988 apply to entities and persons involved in civil aviation within Australia, including aircraft operators, manufacturers, maintenance organisations, and air traffic service providers. These regulations govern the safety and airworthiness of aircraft, ensuring compliance with national and international standards. The scope of these regulations extends to all types of aircraft registered in Australia, including fixed-wing, rotary-wing, and unmanned aerial vehicles, as well as aeronautical products and components. The regulations are enforced by the Civil Aviation Safety Authority (CASA) and are designed to maintain the highest safety standards in the aviation industry. The application of these regulations is influenced by international standards set by the International Civil Aviation Organization (ICAO) and corresponding directives from other national aviation authorities. The revocation of certain airworthiness directives, as outlined in the explanatory statement, reflects CASA's commitment to aligning Australian regulations with global standards and practices, ensuring that the safety measures are both effective and up-to-date. The revocation process also demonstrates CASA's responsiveness to changes in the aviation industry, including the issuance of new directives by other countries' aviation authorities that supersede previous requirements.
Key Provisions
The Civil Aviation Regulations 1988, as amended, include provisions for the revocation of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations necessary for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Acts Interpretation Act 1901.
The obligations under these regulations include CASA's duty to evaluate any AD issued by the State of Design that pertains to aircraft on the Australian Register. If deemed necessary, CASA must then issue an Australian AD to enforce the State of Design's requirements. Furthermore, under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. In turn, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Failure to comply with the ADs could result in significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline potential penalties for non-compliance, including fines and imprisonment. Specifically, section 103 of the Civil Aviation Act 1988 stipulates penalties for breaches of regulations, which can include fines of up to $22,200 for individuals and $111,000 for corporations, alongside possible imprisonment terms. Additionally, CASA has the authority to suspend or cancel the airworthiness certificates of non-compliant aircraft, effectively grounding them until the required actions are taken to meet the ADs.