CASA ADCX 017/15 - Repeal of Airworthiness Directives

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia. They provide a framework for regulating the airworthiness of aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the Act, and in this case, the Australian Civil Aviation Safety Authority (CASA) was granted the power to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. The objective of this legislation is to ensure the safety and airworthiness of aircraft operating in Australia by harmonising with international standards and practices, and facilitating compliance with international airworthiness directives. This legislative instrument, CASA ADCX 017/15, specifically repeals two airworthiness directives that have been superseded by new directives issued by foreign States of Design, thereby ensuring continued compliance with international standards and maintaining the safety of air navigation in Australia.

Scope and Application

The Civil Aviation Safety Regulations 1998 (CASR 1998) were made under section 98 of the Civil Aviation Act 1988, and these regulations govern the safety of air navigation within Australia. Regulation 39.001 of the CASR 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, with these directives being legislative instruments unless they are specified to apply to a particular person, aircraft, or product. The repeal of specific ADs, as detailed in CASA ADCX 017/15, pertains to AD/MSR/32 and AD/B767/188, which have been superseded by more recent directives issued by the European Aviation Safety Agency and the United States Federal Aviation Administration, respectively. These repealed ADs related to the inspection and maintenance of particular aircraft or aeronautical products. The repeal applies nationally and affects all relevant persons and entities involved in the aviation industry, ensuring compliance with international standards and continuing airworthiness. This legislative instrument does not require consultation as it aligns with superseded foreign ADs no longer in effect in the States of Design. Furthermore, no Regulation Impact Statement or Statement of Compatibility with Human Rights was deemed necessary, as the repealed ADs did not engage any human rights issues. The instrument was made by a delegate of CASA under the powers conferred by the CASR 1998 and the Civil Aviation Act 1988, and it commenced on 27 October 2015.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (AD) to ensure the safety of air navigation, as outlined in sections 39.001 and 39.001A. These ADs are legislative instruments unless they apply to a specific person, aircraft, or aeronautical product (sections 98(5B) and (5BA) of the Civil Aviation Act 1988). This instrument repeals two ADs: AD/MSR/32 and AD/B767/188. The repeal of AD/MSR/32 is due to it being superseded by the European Aviation Safety Agency AD 2015-0203, effective 21 October 2015. Similarly, AD/B767/188 has been repealed because it has been replaced by the United States of America Federal Aviation Administration AD 2015-15-06, effective 13 November 2015. Under the Civil Aviation Act 1988, CASA is responsible for ensuring the continuing airworthiness of aircraft on the Australian Register, including accepting foreign State of Design ADs. This regulation requires CASA to repeal superseded ADs to maintain alignment with international safety standards. Additionally, the Acts Interpretation Act 1901 allows for the repeal of ADs, and Annex 8 to the Convention on International Civil Aviation mandates that the State of Design provide necessary information to ensure continuing airworthiness. The State of Registry is also responsible for developing requirements to ensure the airworthiness of aircraft within its jurisdiction. CASA must ensure that these repealed ADs no longer apply as they have been superseded by equivalent foreign directives. The instrument imposes specific obligations on CASA to review and repeal ADs that have been superseded by newer directives issued by the relevant State of Design. This includes ensuring that any superseded ADs are no longer in effect and that the new ADs are accepted and applied to aircraft on the Australian Register. The repeal of these ADs ensures that CASA maintains up-to-date and relevant safety standards in line with international requirements. This regulatory action also aligns with the responsibility of the State of Registry to ensure the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. There are no specific offences, penalties, or consequences for breaching this instrument as it involves the repeal of existing ADs. However, non-compliance with airworthiness directives, whether superseded or current, could result in civil or criminal penalties under the Civil Aviation Act 1988. These penalties can include fines and imprisonment for individuals and corporations that fail to comply with airworthiness requirements. The maximum penalties for breaches related to airworthiness can vary, but they generally include substantial fines and potential imprisonment for serious offences. The repeal of these ADs itself does not create new offences but ensures that operators are not burdened with outdated safety requirements.