Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to establish regulations for ensuring the safety of civil aviation in Australia, including the issuance of airworthiness directives (ADs). These regulations are made under the authority of the Civil Aviation Act 1988, which grants the Governor-General the power to make regulations. Specifically, regulation 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. The policy objective of these regulations is to ensure that all aircraft operating in Australia meet the necessary safety standards, in line with international standards set by the Convention on International Civil Aviation. The CASR 1998 also acknowledges the responsibility of the State of Design and the State of Registry in maintaining the continuing airworthiness of aircraft, and allows CASA to adapt or exclude certain ADs to better fit the specific needs of Australian operations.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) apply to all persons and entities involved in civil aviation activities within Australia. This includes aircraft operators, manufacturers, maintenance organisations, and individuals involved in the design, production, maintenance, and operation of aircraft and aeronautical products. The regulations govern the airworthiness, safety, and certification requirements for aircraft and aeronautical products to ensure safe and efficient air travel. The geographic reach of the CASR 1998 is national, as it applies to all civil aviation activities within Australia, irrespective of state or territory boundaries. The Civil Aviation Act 1988 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. ADs are legislative instruments unless they are expressed to apply to a particular person, aircraft, or aeronautical product. The CASR 1998 also incorporates Foreign State of Design ADs into Australian regulations, making them applicable to Australian aircraft. However, CASA retains the authority to grant exclusions from these ADs or approve alternative means of compliance. This particular instrument repeals a specific airworthiness directive (AD/B737/335) as its requirements have been superseded by a more recent directive issued by the United States of America Federal Aviation Administration (FAA AD 2017-19-26). The repeal of this AD reflects the dynamic nature of airworthiness regulations, which must be updated to incorporate the latest safety standards and practices. The repeal of AD/B737/335 is effective from the same date as the new FAA directive, 30 October 2017. Given that the new directive is now in force, CASA deemed it unnecessary to undertake further consultation on the repeal. This decision aligns with the regulatory framework that ensures the continued safety and efficiency of civil aviation in Australia.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) provide the framework for ensuring the safety and airworthiness of aircraft and aeronautical products in Australia. Section 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments unless they specifically apply to a particular person, aircraft, or aeronautical product, as stipulated in section 98(5B) and (5BA) of the Civil Aviation Act 1988. Under section 33(3) of the Acts Interpretation Act 1901, CASA has the authority to repeal, rescind, revoke, amend, or vary any legislative or administrative instrument, including ADs. Annex 8 to the Convention on International Civil Aviation places the responsibility for continuing airworthiness of aircraft types on the State of Design, which must provide necessary information to appropriate States of Registry. Regulation 39.001A of the CASR 1998 defines "airworthiness directive" to include ADs from Foreign States of Design issued on or after 1 October 2009. Consequently, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft, although CASA may grant exclusions or approve alternative means of compliance. The repeal of Airworthiness Directive AD/B737/335 under CASA ADCX 014/17 is based on the fact that its requirements have been superseded by the United States of America Federal Aviation Administration (FAA) AD 2017-19-26, issued on 14 September 2017, with an effective date of 30 October 2017. As AD/B737/335 is no longer applicable, CASA deemed consultation unnecessary under section 17 of the Legislation Act 2003. Furthermore, a Regulation Impact Statement is not required because ADs fall under a standing agreement between CASA and the Office of Best Practice Regulation, which exempts ADs from the requirement of such statements. The instrument was made by a delegate of CASA under the authority of subregulation 11.260(1) of the CASR 1998 and subsection 94(1) of the Civil Aviation Act 1988. It commences on 30 October 2017, the same date as the effective date of the FAA AD. Any breach of the provisions outlined in the Civil Aviation Safety Regulations 1998 can result in significant consequences. Failure to comply with airworthiness directives can lead to civil penalties, including fines, and criminal charges for more severe infractions. The maximum penalties for breaches of the CASR 1998 are set out in the Civil Aviation Act 1988 and can vary depending on the nature and severity of the offence. For instance, individuals or entities found guilty of non-compliance with airworthiness directives may face substantial fines, and in some cases, imprisonment. These penalties underscore the importance of adhering to the regulations to ensure the safety and airworthiness of aircraft and aeronautical products within Australia.