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/R22/54 Amdt 3
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 The requirements of this airworthiness directive have been superseded by FAA AD 2011-12-10 issued on
17 June 2011.
AD/R44/22 Amdt 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 The requirements of this airworthiness directive have been superseded by FAA AD 2011-12-10 issued on
17 June 2011.
AD/B767/157 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 FAA AD 2001-14-19 have been superseded by FAA AD 2011-12-11, effective 22 July 2011.
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 A/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 013/11]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Government, were introduced to regulate the safety aspects of air navigation in Australia. This legislation grants the Governor-General the authority to create regulations under section 98 of the Civil Aviation Act 1988, ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The objective of these regulations is to uphold the continuing airworthiness of aircraft in alignment with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for maintaining airworthiness. The Civil Aviation Regulations 1988, therefore, play a crucial role in ensuring that aircraft registered in Australia meet the required safety standards.
Scope and Application
The Civil Aviation Regulations 1988, as amended, provide the framework for airworthiness directives (ADs) under the Civil Aviation Act 1988. These regulations apply to all entities and persons involved in the operation, maintenance, and registration of aircraft within Australia, including aircraft manufacturers, operators, maintenance providers, and the Civil Aviation Safety Authority (CASA). The ADs are intended to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. Specifically, the ADs pertain to aircraft types registered in Australia, mandating compliance with safety directives issued by the State of Design, which are then assessed and adopted by CASA as necessary. The ADs in question, AD/R22/54, AD/R44/22, and AD/B767/157, have been revoked as their requirements have been superseded by more recent Federal Aviation Administration (FAA) ADs. The revocation of these ADs affects all stakeholders within the aviation industry who are subject to compliance with airworthiness regulations. The geographic reach of these regulations is national, extending to all aircraft registered in Australia, with the ADs being legislative instruments subject to disallowance under the Acts Interpretation Act 1901. There are no exclusions or exemptions specified within the text, meaning all applicable aircraft and related entities must comply with the new directives.
Key Provisions
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, allow for the creation of regulations that are in the interest of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are legislative instruments under the Acts Interpretation Act 1901. The ADs are crucial as they ensure the continuing airworthiness of aircraft, a responsibility assigned to the State of Design under Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority for Australia, must review and, if necessary, issue Australian ADs to comply with the State of Design’s requirements.
The obligations imposed by these regulations on parties such as CASA, aircraft operators, and manufacturers include ensuring that all aircraft meet the safety standards set out in the ADs. CASA is tasked with assessing the ADs issued by the State of Design and, if appropriate, issuing corresponding Australian ADs. Aircraft operators must comply with the ADs by implementing the necessary actions to maintain airworthiness, such as conducting inspections, repairs, or modifications as specified. Manufacturers, on the other hand, must provide the necessary information and support to ensure that ADs are effective and properly implemented. Failure to comply with the ADs can lead to severe safety risks and potential legal consequences.
For breaches of the ADs, there are potential civil and criminal consequences. Under the Civil Aviation Act 1988, an operator who fails to comply with an AD can be subject to enforcement actions, which may include fines. The maximum penalty for non-compliance can be substantial, reflecting the serious nature of safety breaches in aviation. Additionally, under the Criminal Code Act 1995, individuals or corporations found guilty of endangering the safety of an aircraft can face criminal charges, which may result in imprisonment. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation and the well-being of passengers and crew.