CASA ADCX 019/15 - Repeal of Airworthiness Directive

Overview

The Civil Aviation Safety Regulations 1998 (CASR 1998) were enacted to ensure the safety of air navigation in Australia, under the authority of the Civil Aviation Act 1988. These regulations provide the framework for issuing airworthiness directives (ADs), which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, has the power to issue ADs for types of aircraft and aeronautical products registered in Australia, and must accept foreign ADs issued by the State of Design for aircraft types on the Australian register. This instrument specifically addresses the repeal of AD/B737/87 Amdt 2, which has been superseded by a more recent AD issued by the United States Federal Aviation Administration. The repeal was deemed necessary as the superseded AD no longer applies in the State of Design, rendering it redundant for Australian purposes. The repealing instrument was made under the authority delegated to CASA by the Civil Aviation Act 1988 and the CASR 1998. The decision to repeal AD/B737/87 Amdt 2 was based on the fact that the AD applied a foreign State of Design AD that is no longer in force, making further consultation unnecessary. Additionally, a Regulation Impact Statement was not required as ADs are subject to a standing agreement exempting them from such assessments. The instrument is compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights, which found no engagement with applicable rights or freedoms. The repeal took effect on 17 December 2015, aligning with the effective date of the new AD.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended, apply to all persons, aircraft, and aeronautical products within the jurisdiction of the Commonwealth of Australia, with specific provisions for the regulation and oversight of airworthiness standards and procedures. These regulations are made under the authority of the Civil Aviation Act 1988, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. The ADs are legislative instruments unless they specifically apply to a particular person, aircraft, or aeronautical product. The regulations extend to foreign State of Design ADs, which must be accepted by CASA unless an exclusion or an alternative means of compliance is approved. This legislative instrument specifically repeals AD/B737/87 Amendment 2, recognising that its requirements have been superseded by a more recent directive from the United States Federal Aviation Administration. The repeal of this AD is effective from 17 December 2015 and does not require further consultation or a Regulation Impact Statement due to the nature of its limited application and the availability of an equivalent directive. The instrument also includes a Statement of Compatibility with Human Rights, affirming that it does not engage any rights or freedoms under relevant international instruments.

Key Provisions

The Civil Aviation Safety Regulations 1998 (CASR 1998) contain various provisions that govern airworthiness directives (ADs) as stipulated in section 39.001. These regulations mandate that the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation, as per section 98 of the Civil Aviation Act 1988. This includes the authority to repeal, rescind, revoke, amend, or vary any such instrument under subsection 33(3) of the Acts Interpretation Act 1901. In particular, regulation 39.001A addresses the acceptance of foreign State of Design ADs issued on or after 1 October 2009. CASA is required to accept such ADs but can grant exclusions or approve alternative means of compliance. Under these regulations, CASA is obligated to ensure that all aircraft and aeronautical products meet the necessary safety standards. This involves the acceptance and implementation of relevant ADs issued by the State of Design and other international entities. CASA must also ensure that the State of Registry of each aircraft develops or adopts requirements to ensure the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation. Furthermore, CASA must consider the human rights implications of its regulatory actions, as evidenced by the Statement of Compatibility with Human Rights attached to this instrument. Failure to comply with the ADs or the regulations governing them may result in various consequences. Civil penalties can be imposed for non-compliance with ADs, including fines of up to $16,200 for individuals and up to $81,000 for corporations, as stipulated in section 44 of the Civil Aviation Act 1988. Additionally, CASA may take enforcement actions such as grounding aircraft, issuing enforcement notices, or initiating legal proceedings against operators who fail to comply with ADs. Criminal penalties may also apply in cases of gross negligence or willful misconduct, with potential imprisonment for up to five years and substantial fines. In summary, the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for the issuance and enforcement of ADs to maintain the safety of air navigation. CASA has the authority to issue, accept, and manage ADs, ensuring compliance through various regulatory mechanisms and potential penalties for non-compliance. The repeal of AD/B737/87 Amdt 2, as outlined in this instrument, reflects the dynamic nature of aviation safety regulations and the need to align with international standards and practices.