Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 017/12 - Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988 (the Act), 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. Under the previous subregulation 39.001(5) of CASR 1998, an AD was a legislative instrument. This is still the situation under subsection 98(5B) of the Act.
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 accept that AD. State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
AD/ARRIEL/26 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 The requirements of this airworthiness directive have been superseded by EASA AD 2012-0147 issued on
7 August 2012.
AD/ARRIUS/1 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 The requirements of this airworthiness directive which referred to DGAC AD 1999-233(A) have been superseded by EASA AD 2012-0150 issued on 8 August 2012.
AD/B747/343 Amdt 2
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-15-13 Amendment 39-17142 issued on 23 July 2012.
Consultation
Foreign State of Design ADs are defined as ADs by CASR regulation 39.001A. Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
This AD cancellation 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 017/12]
Overview
The Civil Aviation Regulations 1988 were amended in 2012 to revoke certain airworthiness directives (ADs) issued by the Civil Aviation Safety Authority (CASA). The instrument CASA ADCX 017/12 was introduced to address the issue of updating and replacing outdated ADs with newer, more relevant directives issued by the State of Design, in accordance with international standards. The Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for kinds of aircraft or aeronautical products. The policy objective behind this amendment is to ensure that the regulations reflect the most current safety standards and requirements, thereby maintaining the safety of air navigation in Australia. The revocation of certain ADs and their replacement with more recent directives ensures that the aviation industry remains compliant with international standards and practices.
Scope and Application
The Civil Aviation Regulations 1988, as amended by CASA ADCX 017/12, apply to aircraft and aeronautical products that are registered in Australia or are subject to Australian airworthiness regulations. This includes aircraft types and individual aircraft registered under the Civil Aviation Act 1988. The regulations are applicable to the continuing airworthiness of aircraft and are intended to ensure that safety standards are met across the aviation industry in Australia. The geographic reach of these regulations is national, governing all aircraft operating within Australian airspace and registered under Australian jurisdiction. Any airworthiness directives issued by the Civil Aviation Safety Authority (CASA) are binding on all entities and persons involved in the operation, maintenance, and manufacture of aircraft in Australia. The revocation of specific airworthiness directives as outlined in the regulations does not introduce any new exclusions or exemptions but rather clarifies and updates the regulatory framework to reflect superseded or updated directives from foreign States of Design, as per Annex 8 to the Convention on International Civil Aviation. The application of these regulations can be further extended or modified through subordinate instruments issued by CASA.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, as amended by CASA ADCX 017/12, address the revocation of certain airworthiness directives (ADs) for specific aircraft types. Specifically, section 39.001A of the Civil Aviation Safety Regulations 1998 (CASR) identifies ADs that were issued by the State of Design on or after 1 October 2009, and have subsequently been superseded by newer directives from other jurisdictions such as the European Union Aviation Safety Agency (EASA), the Federal Aviation Administration (FAA), or the Direction Générale de l'Aviation Civile (DGAC). The revoked ADs in question are AD/ARRIEL/26 Amdt 1, AD/ARRIUS/1 Amdt 1, and AD/B747/343 Amdt 2, which pertain to aircraft types ARRIEL, ARRIUS, and B747 respectively.
These regulations impose specific obligations on the parties governed by them, primarily focusing on the acceptance and implementation of the latest airworthiness directives issued by recognised authorities. Under CASR 39.001A, the Civil Aviation Safety Authority (CASA) must accept and apply the most recent ADs issued by the State of Design or other recognised authorities. For aircraft registered in Australia, the State of Registry (in this case, CASA) is responsible for ensuring the continuing airworthiness of these aircraft, which includes implementing the latest ADs. The revocation of certain ADs under this instrument reflects the acceptance of newer, potentially more comprehensive directives issued by other regulatory bodies.
In terms of compliance, failure to adhere to the latest ADs can lead to serious consequences. While the specific offences and penalties are not detailed in the instrument, non-compliance with airworthiness directives generally falls under the broader framework of the Civil Aviation Act 1988 (the Act) and associated regulations. Violations can lead to enforcement actions, fines, and in severe cases, the grounding of aircraft. CASA has the authority to take regulatory action against operators who fail to comply with ADs, which can include penalties for non-compliance, suspension or revocation of airworthiness certificates, and legal proceedings. The potential criminal and civil consequences underscore the importance of adhering to the latest ADs to maintain the safety standards required in civil aviation.
The instrument ensures compatibility with human rights and freedoms, as confirmed by the Office of Best Practice Regulation, which determined that ADs do not require a Regulatory Impact Statement. Additionally, it is noted that the instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This attestation is crucial for the legitimacy and enforceability of the regulations, ensuring that they are not only safety-oriented but also legally sound and respectful of human rights.