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/LJ45/13
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 The requirements of this airworthiness directive which referred to FAA AD 2009-11-13 have been superseded by FAA AD 2011-13-10, effective 1 August 2011.
AD/SWSA226/38 Amdt 1
This AD specified Fairchild Swearingen SB Nos. 27-002 and 27-032. It was based on FAA AD 81-22-04 Amdt 39-4238 which was subsequently superseded by FAA AD 93-09-05 Amdt 39-8571.
FAA AD 93-09-05 is mandated in Australia by AD/SWSA226/36 Amdt 2 so this AD is no longer required.
AD/DAUPHIN/95
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 DGAC France AD F-2008-004 have been superseded by EASA AD 2011-0127 issued on 1 July 2011 and effective on
15 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 014/11]
Overview
The Civil Aviation Regulations 1988 were enacted to establish the regulatory framework governing civil aviation safety and airworthiness in Australia. This legislation was introduced to address the need for a comprehensive set of rules and standards to ensure the safety of air navigation and the continuing airworthiness of aircraft operating in Australian airspace. The Civil Aviation Act 1988 empowers the Governor-General to make regulations, including airworthiness directives, for the purposes of the Act and in the interests of safety. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing airworthiness directives, which are legislative instruments subject to disallowance and review. The policy objective of these regulations is to maintain the highest standards of safety in civil aviation by ensuring that all aircraft meet specific airworthiness criteria and comply with necessary safety directives. The Civil Aviation Safety Authority (CASA) is responsible for the implementation and enforcement of these regulations.
Scope and Application
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations for the purposes of the Act, particularly concerning the safety of air navigation. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are legislative instruments as defined by the Acts Interpretation Act 1901. These directives are integral for ensuring the continuing airworthiness of aircraft, aligning with the responsibilities of both the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess and, where necessary, issue Australian ADs to implement the requirements of State of Design ADs on aircraft registered in Australia. This framework ensures that the airworthiness directives issued on or after 1 October 2009 comply with CASR Part 39.001A, reflecting the global standards set by ICAO Contracting States.
Key Provisions
The Civil Aviation Regulations 1988 include specific provisions for the revocation of airworthiness directives (ADs) as stated in the Explanatory Statement. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for particular types of aircraft or aeronautical products. Notably, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these regulations centre around the continuing airworthiness of aircraft. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure its continued airworthiness. This is aligned with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to share information with States of Registry. In Australia, the State of Registry, through CASA, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that all stakeholders are informed and compliant with the latest airworthiness standards.
Failure to comply with ADs can lead to significant consequences, both civil and criminal. While specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives can result in serious repercussions. For instance, the issuance of ADs and their subsequent revocation highlight the importance of adherence to safety regulations. Non-compliance may result in enforcement actions, including fines and other penalties, as well as potential criminal charges, depending on the severity of the breach. The specific penalties for non-compliance with ADs are likely to be outlined in the Civil Aviation Safety Regulations 1998 or related legislation, which may include both administrative and criminal sanctions.