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/PT6A/33
An AD series has been created for the Pratt & Whitney Canada PT6B engines to ensure registered operators are aware of applicable PT6B ADs. This AD has been superseded by AD/PT6B/2.
AD/F50/76 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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0113 issued on
15 June 2010.
AD/STRIKEMASTER/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 The requirements of this airworthiness directive have been superseded by Mandatory Permit Directive (MPD) N: 2007-002 R2 issued on 23 June 2010.
AD/AT 800/7
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 2010-13-08 issued on
23 June 2010.
AD/A320/229
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 EASA AD 2008-0199 have been superseded by EASA AD 2008-0199R1, issued 21 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 015/10]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Parliament, aim to ensure the safety of air navigation, and were amended in 2010 to address specific airworthiness directives (ADs) that needed to be revoked. The problem or gap these amendments sought to address includes the need to maintain the highest safety standards in air navigation, ensuring that aircraft and aeronautical products continue to be airworthy according to international standards set by the Convention on International Civil Aviation. The policy objective of these amendments is to streamline and update the regulatory framework governing airworthiness directives in line with international practices and safety standards, particularly those issued by the State of Design or other relevant authorities. The revocation of certain ADs was necessary to prevent redundancy and ensure that the most current safety requirements are being enforced, thereby maintaining the safety of air navigation and protecting the public from potential aviation hazards.
Scope and Application
The Civil Aviation Regulations 1988 apply to all entities and individuals involved in civil aviation in Australia, including aircraft operators, manufacturers, maintenance organisations, and pilots. The scope of the Act is to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act applies to all aircraft registered in Australia, regardless of where they are based or where they operate. However, the Act does not apply to defence aircraft or to aircraft used exclusively for government purposes. The Act may be extended or restricted through subordinate instruments such as the Civil Aviation Safety Regulations 1998, which provide further detail on airworthiness directives and other safety requirements. These regulations may be amended from time to time to reflect changes in technology, industry practices, or safety concerns.
Key Provisions
The Civil Aviation Regulations 1988, as amended, include specific provisions regarding the revocation of airworthiness directives (ADs) (CASA ADCX 015/10). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including ADs, to ensure the safety of air navigation (Civil Aviation Act 1988, s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (CASR 1998, reg 39.001). Under subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901 (Acts Interpretation Act 1901, s 46A). This legislative instrument status means that ADs are subject to the scrutiny and disallowance processes outlined in the Legislative Instruments Act 2003 (Legislative Instruments Act 2003, s 6).
The obligations and requirements imposed by the Act and the regulations are primarily focused on ensuring the continuing airworthiness of aircraft. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry as per Annex 8 to the Convention on International Civil Aviation (Annex 8, Art 3.1). The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction (Annex 8, Art 3.2). CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements for aircraft registered in Australia (CASR 1998, reg 39.001). The ADs listed in CASA ADCX 015/10 are specifically defined under CASR Part 39.001A if they were issued on or after 1 October 2009.
Breach of the provisions of the ADs can lead to various consequences, including both civil and criminal penalties. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which could lead to enforcement actions by CASA. In the case of serious non-compliance, this could result in significant fines or even imprisonment, depending on the severity of the breach. The exact penalties are not detailed in the explanatory statement but generally, violations of aviation regulations can attract substantial financial penalties and other enforcement actions as stipulated in the Civil Aviation Act 1988 and associated regulations. CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, imposing fines, and pursuing legal action against operators who fail to comply with ADs.