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/A330/13 Amdt 6
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0131 issued on
28 June 2010.
AD/A330/84 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 The requirements of this airworthiness directive have been superseded by EASA AD No. 2010-0109 issued on 28 June 2010.
AD/TBM 700/50 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 EASA AD 2008-0129R1-E have been superseded by EASA AD 2010-0130, effective 13 July 2010.
AD/CRESCO/4 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 NZ AD DCA/CRESCO/5B issued on 24 June 2010.
AD/PT6T/10
This AD was originally issued in response to Transport Canada AD CF-96-24.
Transport Canada determined on the basis that the conservative compliance time/date defined for the inspection has elapsed and the fact that there have been no further reported occurrences of the original Bleed Off Valve (BOV) malfunctions since April 1997, AD CF-96-24 was no longer required.
A review of SDR data also concluded that there have been no reported occurrences of the original BOV in Australia during the same period.
As a result, the unsafe condition no longer exists therefore this AD is no longer required.
AD/B737/322
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 2010-14-06 issued on
1 July 2010.
AD/B747/296 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 FAA AD 2010-14-07 issued on
1 July 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 ADs have 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 016/10]
Overview
The Civil Aviation Regulations 1988, as amended by F2010L01924, address the need to maintain the continuing airworthiness of aircraft in accordance with international standards. Enacted by the Parliament of Australia, the policy objective of this legislation is to ensure that airworthiness directives (ADs) issued by the Civil Aviation Safety Authority (CASA) are aligned with those of other International Civil Aviation Organization (ICAO) Contracting States, thereby ensuring the highest standards of aviation safety are upheld. The revocation of specific ADs as outlined in the instrument reflects the alignment of Australian regulations with more recent or comprehensive directives issued by other national aviation authorities, such as the European Aviation Safety Agency (EASA) and the Federal Aviation Administration (FAA). This approach helps streamline regulatory requirements and avoids redundancy, ensuring that Australian aviation practices remain current and effective.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the revocation of specific Airworthiness Directives (ADs), apply to aircraft and aeronautical products registered in Australia and to the Australian Civil Aviation Authority (CASA), which is the national airworthiness authority. These regulations are integral to ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988. The ADs in question pertain to specific aircraft types and aeronautical products, and their revocation is based on the determination that the safety issues they addressed have been sufficiently mitigated by subsequent directives issued by other national aviation authorities, such as the European Aviation Safety Agency (EASA), the Federal Aviation Administration (FAA), or Transport Canada. The revocations were made under the authority provided by the Civil Aviation Safety Regulations 1998, which allow CASA to issue ADs. The scope of these regulations is national, impacting all aircraft registered in Australia. The revocations do not apply to aircraft that are no longer in operation or those that have been appropriately remediated under the newer directives. No consultation with the public was required for these revocations, as they do not necessitate a Regulatory Impact Statement.
Key Provisions
The main operative sections of this legislation pertain to the revocation of specific airworthiness directives (ADs) as outlined in the Civil Aviation Safety Regulations 1998 (CASR). Specifically, AD/A330/13 Amdt 6, AD/A330/84 Amdt 1, AD/TBM 700/50 Amdt 1, AD/CRESCO/4 Amdt 1, AD/PT6T/10, AD/B737/322, and AD/B747/296 Amdt 1 are addressed (sections 2-8). Each directive has been identified as superseded by newer directives issued by other regulatory authorities, such as EASA, FAA, and NZ AD DCA, effective from specific dates mentioned. The revocation of these directives is based on the assessment that the unsafe conditions they were intended to address no longer exist, particularly after the State of Design, in this case Transport Canada, determined the condition no longer required intervention.
The obligations and requirements imposed by this legislation on the parties or entities it governs include the assessment and issuance of ADs by CASA to ensure the continuing airworthiness of aircraft on the Australian register. CASA must evaluate information provided by the State of Design and, where necessary, issue Australian ADs to mandate compliance with the safety requirements. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft and must comply with ADs issued by CASA. The revocation of ADs as detailed in this legislation signifies that the conditions prompting the directives are no longer deemed hazardous, thereby relieving the obligations tied to those specific ADs.
Breach of the requirements set out in these ADs, if they were still in force, could lead to civil or criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive could result in fines or imprisonment. The maximum penalties for offences under the Civil Aviation Act 1988 include fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years. These penalties reflect the seriousness of ensuring air safety and the potential risks posed by non-compliance with airworthiness directives. The revocation of these specific ADs mitigates immediate penalties related to these directives, but compliance with current ADs remains crucial.