Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 018/12 - 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/RAD/39 Amdt 1
This AD was originally published on 1 August 1980 and referred in the AD, to United States Federal Aviation Administration Technical Standard Order (TSO) C97 published in 1979. Later standards have been published; TSO-C142 in 2000 and TSO-C142a in 2006 which identify the technological advances made. This AD prohibited the use of those modern standards.
Consultation
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden.
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 018/12]
Overview
The Civil Aviation Regulations 1988, enacted by the Parliament of Australia, address the need for safety and regulatory consistency in the air navigation industry. This legislation is intended to ensure that the safety standards set forth in the Civil Aviation Act 1988 are uniformly applied and enforced. The problem it addresses includes the necessity to issue airworthiness directives (ADs) for aircraft types and aeronautical products, ensuring that these directives comply with international standards as set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998, which were amended to include these directives, further provide the framework for CASA to issue such ADs. The policy objective is to maintain the highest safety standards in the continuing airworthiness of aircraft, aligning with international obligations and reducing the regulatory burden where possible.
Scope and Application
The Civil Aviation Regulations 1988, specifically under CASA ADCX 018/12, pertains to the revocation of airworthiness directives (ADs) and applies to entities and persons involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance providers. These regulations are crafted under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and they reflect Australia’s commitment to international standards set by the International Civil Aviation Organization (ICAO). The scope of these regulations extends to all aircraft registered in Australia, ensuring compliance with continuing airworthiness requirements as mandated by the State of Registry. Additionally, the revocation of certain ADs, as outlined in this instrument, serves to streamline regulatory practices and reduce unnecessary burdens, aligning with technological advancements and current standards. Notably, these regulations do not apply to ADs issued by the State of Design prior to 1 October 2009, as they are governed by different regulatory standards. The revocation process is managed by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, which ensures that all ADs are consistent with safety and operational standards.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, as amended by CASA ADCX 018/12, concern the revocation of certain airworthiness directives (ADs). This instrument revokes an AD that prohibited the use of specific modern technical standards, namely TSO-C142 from 2000 and TSO-C142a from 2006, in place of the older TSO-C97 from 1979. By revoking this directive, the regulations now allow for the adoption of these more recent technological advancements.
The obligations and requirements imposed by this Act primarily revolve around ensuring the continuing airworthiness of aircraft registered in Australia. The State of Design, which is responsible for the initial design of the aircraft type, must provide necessary information to maintain airworthiness. The State of Registry, which is Australia in this context, must then develop or adopt requirements to ensure that individual aircraft remain airworthy. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to accept and implement that AD. This requirement ensures that Australian-registered aircraft meet international safety standards.
In terms of penalties and consequences, the Civil Aviation Regulations 1988 do not explicitly detail specific offences or penalties for failing to comply with airworthiness directives within the revoked AD. However, non-compliance with airworthiness requirements generally can lead to serious consequences, including potential grounding of the aircraft, fines, and legal action. The severity of penalties can vary depending on the nature and extent of the non-compliance, but they are intended to enforce strict adherence to safety regulations to protect public safety.
It is also noted that no public consultation was conducted regarding this revocation, as it reduces regulatory burden. Additionally, the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not required for this instrument. Furthermore, the cancellation of the AD has been confirmed to be compatible with human rights and freedoms as recognized in international instruments. This revocation was executed by the Manager, Continuing Airworthiness, in accordance with subsection 94(1) of the Civil Aviation Act 1988, ensuring that CASA’s actions are within legal and regulatory frameworks.