Explanatory Statement
Civil Aviation Regulations 1988
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 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/AB139//3 Amdt 1
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 The requirements of this airworthiness directive have been superseded by EASA AD 2006-0358R1 issued on
28 September 2011.
AD/PA-23/93
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 The requirements of this airworthiness directive have been superseded by FAA AD 2009-13-06 R1 issued on
20 September 2011.
AD/PA-31/131
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 The requirements of this airworthiness directive have been superseded by FAA AD 2009-13-06 R1 issued on
20 September 2011.
AD/PA-42/26
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 FAA AD 2009-13-06 R1 issued on
20 September 2011.
AD/CL-600/63
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 Transport Canada AD
CF-2003-20R1 issued on 28 September 2011.
AD/B737/209
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 FAA AD 2011-18-10 issued on
8 September 2011.
Consultation
No consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
This AD cancellation has been made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
[Instrument number CASA ADCX 021/11]
Overview
The Civil Aviation Regulations 1988 were enacted to regulate various aspects of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This particular piece of legislation addresses the revocation of certain airworthiness directives (ADs) issued under the Civil Aviation Safety Regulations 1998. The revocation was introduced to align with updated or superseded international directives issued by other contracting states under the Convention on International Civil Aviation. The Civil Aviation (Safety and Airworthiness) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are binding legislative instruments aimed at maintaining the airworthiness of aircraft. The policy objective behind this revocation is to ensure that Australian aviation standards remain consistent with international practices, thus facilitating smoother international operations and maintaining high safety standards in Australian civil aviation.
Scope and Application
The Civil Aviation Regulations 1988 applies to all entities and persons involved in civil aviation in Australia, including aircraft operators, manufacturers, and maintenance organisations. It extends to ensuring the continuing airworthiness of aircraft registered in Australia and mandates compliance with airworthiness directives issued by the Civil Aviation Safety Authority (CASA). The geographic reach of this legislation is national, as CASA is the central authority responsible for the safety of air navigation throughout Australia. Under the Civil Aviation Act 1988, the Governor-General has the power to make regulations, which includes issuing airworthiness directives to protect public safety in air navigation. While the Act applies broadly, certain exclusions or exemptions may be detailed in subordinate instruments, which could specify conditions under which particular regulations do not apply or provide for specific thresholds in compliance. The Act’s application is further extended through these subordinate instruments, which offer detailed operational guidelines and standards.
Key Provisions
The Civil Aviation Regulations 1988, as amended by the revocation of specific Airworthiness Directives (ADs), outline the framework for ensuring the continuing airworthiness of aircraft registered in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of ADs through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) and mandate specific requirements to maintain the airworthiness of aircraft types and aeronautical products. The State of Design, which is responsible for the ongoing airworthiness of a particular aircraft type, issues these directives, and CASA must assess and, if necessary, implement them in Australia.
The obligations imposed by this Act require CASA to review and assess the ADs issued by the State of Design. If deemed necessary, CASA must issue corresponding Australian ADs to ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia. This process involves rigorous assessment and implementation of safety directives to align with the provisions of Annex 8 to the Convention on International Civil Aviation, which mandates that States of Design and States of Registry collaborate to maintain airworthiness. Furthermore, under this regulation, aircraft operators and owners must adhere to the requirements set forth in the ADs, which may include inspections, repairs, and modifications to ensure the safety and airworthiness of their aircraft.
Failure to comply with the ADs can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil penalties, including fines. The maximum penalties for contravening ADs can be substantial, reflecting the critical nature of airworthiness directives in maintaining aviation safety. Additionally, serious breaches may lead to criminal charges, with potential imprisonment for individuals or corporations found guilty of disregarding ADs. Such consequences underscore the importance of adhering to the ADs, as mandated by CASA, to ensure the safety and reliability of aircraft operating within Australia’s airspace.