Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 019/12 - 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/SC7/27 Amdt 4
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 The requirements of this airworthiness directive have been superseded by EASA AD 2012-0159 issued on
22 August 2012.
AD/F100/83
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 The requirements of this airworthiness directive have been superseded by EASA AD 2011-0046 issued on
21 March 2011.
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 019/12]
Overview
The Civil Aviation Regulations 1988, enacted to ensure the safety of air navigation, empower the Governor-General to make regulations under section 98, and the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products. This legislative framework is designed to align with international standards set by the International Civil Aviation Organization (ICAO), particularly those outlined in Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. The revocation of certain ADs, as detailed in CASA ADCX 019/12, aims to streamline regulatory requirements, reduce the burden on operators, and align with updated international standards, such as those issued by the European Aviation Safety Agency (EASA). This regulatory action is taken under the authority of CASA, reflecting a commitment to maintaining safety standards while enhancing operational efficiency.
Scope and Application
The Civil Aviation Regulations 1988, specifically CASA ADCX 019/12, pertains to the revocation of certain airworthiness directives (ADs) issued by the State of Design on or after 1 October 2009. These directives, as defined under Part 39.001A of the Civil Aviation Safety Regulations 1998, apply to aircraft registered in Australia and are essential for maintaining the continuing airworthiness of aircraft types. The regulation is applicable to aircraft operators, manufacturers, and other entities involved in the aviation industry in Australia. Geographically, the application of these regulations is national, aligning with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure compliance with airworthiness requirements. This regulation does not require consultation with the Australian public as it is intended to reduce regulatory burden, and it has been determined that it does not necessitate a Regulatory Impact Statement. Furthermore, the instrument is deemed compatible with human rights and freedoms, as it does not engage any of the applicable rights or freedoms outlined in relevant international instruments. The revocation of specific ADs under this regulation is carried out by the Manager, Continuing Airworthiness within CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Regulations 1988, as amended, include provisions for the revocation of airworthiness directives (ADs) that pertain to certain aircraft or aeronautical products. Specifically, section 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products (subsection 39.001(5)). These directives are legislative instruments designed to ensure the safety of air navigation, in line with section 98 of the Civil Aviation Act 1988. The revocation of specific ADs, such as those referenced in AD/SC7/27 Amdt 4 and AD/F100/83, is detailed in the explanatory statement, indicating that these have been superseded by newer European Union Aviation Safety Agency (EASA) directives issued in 2012 and 2011 respectively.
The obligations imposed by the Civil Aviation Regulations 1988 on the entities they govern include ensuring the continuing airworthiness of aircraft and aeronautical products. This is a shared responsibility between the State of Design and the State of Registry. The State of Design is required to provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the same. In the case of Australia, CASA acts as the national airworthiness authority and must accept any AD issued by a State of Design against a type of aircraft registered in Australia. The regulations also mandate that CASA must ensure that any ADs issued on or after 1 October 2009 are consistent with the definitions and requirements outlined in Part 39.001A of the Civil Aviation Safety Regulations 1998.
Failure to comply with the requirements set out in the Civil Aviation Regulations 1988, including the proper implementation and revocation of ADs, may result in various legal consequences. While the specific offences, penalties, or consequences for breach are not detailed in the explanatory statement, general provisions within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may apply. These could include fines, imprisonment, or other penalties for non-compliance with airworthiness directives. The precise penalties would depend on the nature and severity of the breach, and would be determined in accordance with the relevant sections of the Act and the regulations.