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/JT3D/2
This AD was raised in 1990, as a result of an FAA audit. The audit revealed unacceptable engine repair practices which may result in a reduced level of safety for engines approved for return to service by the repair station. As there are no aircraft with these engines operating in Australia and any aircraft imported to Australia with these engines would have to comply with State of Design ADs, this AD is no longer required.
AD/CFM56/29
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 The requirements of this airworthiness directive have been superseded by FAA 2010-12-03, issued on
8 June 2010.
AD/DAUPHIN/73
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 European Aviation Safety Agency Emergency airworthiness directive 2010-0116-E issued on 16 June 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 014/10]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, were amended to revoke certain airworthiness directives (ADs) under the authority granted by section 98 of the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 provide that CASA may issue ADs, which are legislative instruments subject to disallowance. These ADs serve as a means for the State of Design to communicate continuing airworthiness information, which is then assessed and, if necessary, adopted by the State of Registry, such as CASA in Australia. The revocation of specific ADs, as outlined in the explanatory statement, addresses the obsolescence or supersession of certain directives by newer regulatory measures from other jurisdictions, ensuring that Australian aviation safety standards remain current and effective without unnecessary regulatory burden.
The revocation of these ADs was enacted by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, under subsection 94(1) of the Act. The decision to revoke these ADs was based on their redundancy due to the issuance of more recent directives by other authorities, such as the FAA and the European Aviation Safety Agency. This action aligns with the overarching policy objective of maintaining the highest safety standards in civil aviation while streamlining regulatory requirements to avoid redundancy and ensure regulatory efficiency.
Scope and Application
The Civil Aviation Regulations 1988, as amended, establish the framework for civil aviation safety in Australia, including the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The application of these ADs pertains to the State of Registry of an aircraft, which is responsible for ensuring the continuing airworthiness of the aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA, as the national airworthiness authority, must evaluate and, if necessary, issue Australian ADs that reflect the requirements of State of Design ADs, particularly for aircraft types registered in Australia. The revocation of certain ADs under this instrument addresses specific types of aircraft engines that are no longer in operation within Australia or subject to new directives issued by other regulatory authorities, such as the Federal Aviation Administration (FAA) or the European Aviation Safety Agency (EASA). This revocation is effective for ADs issued by the State of Design on or after 1 October 2009, and the changes are implemented without public consultation as they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Regulations 1988, as amended, contain provisions for the revocation of certain airworthiness directives (ADs) to ensure the continued safety and efficiency of the aviation industry. Specifically, section 39.001(5) of the Civil Aviation Safety Regulations 1998 establishes that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument. The ADs addressed in this regulation, AD/JT3D/2, AD/CFM56/29, and AD/DAUPHIN/73, have been deemed unnecessary due to the unlikelihood of these engines being used in Australian aircraft and the supersession of their requirements by more recent directives issued by other aviation authorities.
The obligations imposed by this regulation on the Civil Aviation Safety Authority (CASA) and other relevant parties include the assessment of ADs issued by States of Design and the determination of whether they are necessary for Australian aircraft. CASA must ensure that any superseded or unnecessary ADs are revoked to streamline regulatory requirements and maintain the safety of Australian aviation. The revocation of AD/JT3D/2, AD/CFM56/29, and AD/DAUPHIN/73 aligns with these obligations, as these directives are no longer necessary or have been superseded by more recent requirements.
Failure to comply with the regulations regarding ADs could result in civil or criminal consequences, depending on the severity of the breach. While the specific penalties are not detailed in this regulation, breaches of the Civil Aviation Act 1988 and associated regulations could potentially result in fines and/or imprisonment. The maximum penalties for offences under the Civil Aviation Act 1988 can vary significantly, with serious offences potentially resulting in fines of up to $210,000 for individuals and $1,050,000 for corporations, as well as imprisonment for up to five years. These potential penalties underscore the importance of adhering to the requirements set out in the Civil Aviation Regulations 1988 and associated legislation.