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/BAe 146/43
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 The requirements of this airworthiness directive have been superseded by EASA AD No.: 2010-0141-CN issued on 6 July 2010.
AD/BAe 146/107 Amdt 3
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 The requirements of this airworthiness directive have been superseded by EASA AD 2009-0070R1 issued on
2 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 018/10]
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia under section 98 of the Civil Aviation Act 1988, address the need for maintaining the safety of air navigation by allowing the Governor-General to make regulations as necessary. Within this framework, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The aim of these directives is to ensure the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. ADs are crucial for maintaining the safety and airworthiness of aircraft, and CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs based on directives from the State of Design.
The revocation of certain ADs, as detailed in the Explanatory Statement, reflects the dynamic nature of aviation safety regulations and the need to align with newer, more comprehensive directives issued by entities such as the European Aviation Safety Agency (EASA). These revocations, effective from dates specified in the text, were implemented by CASA's Manager, Continuing Airworthiness, in accordance with the Civil Aviation Act 1988, ensuring that the latest safety requirements are met without the need for public consultation as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Regulations 1988, specifically addressing the revocation of airworthiness directives, applies to entities and individuals involved in the aviation industry, including aircraft operators, manufacturers, and maintenance providers within Australia. The geographic reach of this legislation is national, as it pertains to the safety of air navigation under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These regulations mandate that airworthiness directives (ADs) issued by the Civil Aviation Safety Authority (CASA) are legislative instruments, designed to ensure the continuing airworthiness of aircraft registered in Australia. The ADs in question, which have been revoked, pertain to specific types of aircraft such as the BAe 146, and their revocation follows the issuance of newer directives by the European Aviation Safety Agency (EASA) that have superseded them. This revocation ensures that Australian aviation standards remain aligned with international best practices and safety requirements. No public consultation was required for these AD revocations, as determined by the Office of Best Practice Regulation, which found that they did not necessitate a Regulatory Impact Statement. The revocations were authorised by the Manager, Continuing Airworthiness in CASA’s Airworthiness and Engineering Branch, in accordance with the Civil Aviation Act.
Key Provisions
The Civil Aviation Regulations 1988, particularly the sections pertaining to the revocation of certain airworthiness directives (ADs) for specific aircraft models, outline the criteria and process for cancelling ADs that have been superseded by more recent directives from the European Aviation Safety Agency (EASA). For instance, ADs related to the BAe 146/43 and BAe 146/107 Amendment 3 have been revoked due to their supersession by newer EASA ADs (section 98). These regulations are designed to ensure that the continuing airworthiness of aircraft is maintained under the most up-to-date safety standards. The ADs in question, issued on or after 1 October 2009, are classified under CASR Part 39.001A and have been replaced by EASA AD No.: 2010-0141-CN and EASA AD 2009-0070R1 respectively, both issued in July 2010.
The obligations placed on the parties governed by these regulations include adherence to the most current ADs issued by EASA, as these now supersede the previously applicable ADs. The Civil Aviation Safety Authority (CASA) must ensure that all stakeholders, including aircraft operators and maintenance personnel, are made aware of these changes and that they comply with the new ADs. This involves updating any internal documentation, training programs, and compliance checklists to reflect the latest regulatory requirements. Furthermore, CASA is responsible for the assessment and implementation of these new directives, ensuring that the safety and airworthiness of the affected aircraft types are maintained.
Breach of the requirements set forth in these regulations can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to enforcement actions, including fines and potential criminal charges. The specific penalties are not detailed in the provided text but generally, the severity of the penalty can depend on the nature and extent of the non-compliance. Civil penalties may include substantial financial penalties, while criminal penalties could result in imprisonment, reflecting the high importance placed on aviation safety and the potential risks associated with non-compliance.