CASA ADCX 019/11 - Revocation of Airworthiness Directives

Overview

The Civil Aviation Regulations 1988, enacted by the Australian Parliament, are a comprehensive set of regulations aimed at ensuring the safety and efficiency of civil aviation in Australia. These regulations provide the framework under which airworthiness directives (ADs) can be issued, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The problem these regulations address is the need for a standardised and legally binding mechanism to mandate safety improvements and compliance with airworthiness standards for aircraft operating within Australia. The policy objective is to align with international standards and ensure that the Australian aviation industry maintains high safety standards, thus protecting the public and enhancing the overall safety of air navigation. The revocation of specific ADs under these regulations reflects the continuous evolution and improvement of airworthiness standards in response to new safety information and international agreements.

Scope and Application

The Civil Aviation Regulations 1988, as amended by F2011L01979, pertain to the revocation of specific airworthiness directives (ADs) that were previously issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations apply to entities involved in civil aviation within Australia, specifically those responsible for the ongoing airworthiness of aircraft registered in the country. This includes aircraft operators, maintenance organisations, and other entities that are subject to the regulatory oversight of the Civil Aviation Safety Authority (CASA). The geographic reach of these regulations is national, as they govern the standards and practices related to the safety of air navigation across Australia. While the Act generally applies to ensure the safety of air navigation, specific ADs may be subject to exclusions or exemptions if they are superseded by newer regulations, such as those issued by the European Union Aviation Safety Agency (EASA). Subordinate instruments, such as amendments to the Civil Aviation Safety Regulations, can extend or restrict the application of these ADs as necessary.

Key Provisions

The main operative sections of the Civil Aviation Regulations 1988, as amended, revolve around the revocation of certain airworthiness directives (ADs) issued under the Civil Aviation Safety Regulations 1998. Specifically, section 39.001(5) of the Civil Aviation Safety Regulations 1998, and its subsequent reiteration in subsection 98(5B) of the Civil Aviation Act 1988, permits the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft and aeronautical products to ensure safety in air navigation. These ADs, which are legislative instruments, are issued by the State of Design and are often superseded by newer directives. For instance, the AD/A330/32 Amendment 4, AD/ARRIUS/16 Amendment 1, AD/EC 120/19, and AD/ECUREUIL/136, all issued on or after 1 October 2009, are defined as airworthiness directives under CASR Part 39.001A. These directives have been superseded by newer European Aviation Safety Agency (EASA) ADs, specifically EASA AD 2011-0179, EASA 2011-0182, and EASA AD 2011-0185. The obligations imposed by the Civil Aviation Regulations 1988 on the parties it governs include compliance with the ADs issued by CASA. The State of Design has the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to achieve this. Furthermore, the Civil Aviation Safety Regulations 1998 require CASA to consult with the Australian public and ensure that ADs do not require a Regulatory Impact Statement when revoking such directives. The Act imposes specific consequences for non-compliance with the ADs. Under section 98 of the Civil Aviation Act 1988, failure to comply with an AD can result in various civil and criminal penalties. Civil penalties can include fines up to $10,000 for individuals and significantly higher amounts for corporations, as well as imprisonment for up to two years for serious non-compliance. Criminal penalties can also be imposed if the non-compliance results in a breach of safety regulations, potentially leading to fines of up to $500,000 and imprisonment for up to five years for individuals, and even higher fines and penalties for corporations. The severity of these penalties underscores the importance of adhering to ADs to ensure the safety of air navigation.