Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 021/12 - 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/PC-12/55
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 The requirements of this airworthiness directive have been superseded by EASA AD 2009-0249 issued on
20 November 2009.
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 021/12]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation, with the Civil Aviation Act 1988 providing the legislative framework under which the Civil Aviation Safety Regulations 1998 are made. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The instrument in question pertains to the revocation of specific ADs, which had previously been a legislative instrument under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. This revocation addresses the need to streamline regulations and reduce the regulatory burden, in line with the objective of enhancing the efficiency and effectiveness of airworthiness directives. The instrument was developed by CASA, Australia's national airworthiness authority, and aligns with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. This legislative action is compatible with human rights and freedoms, as confirmed by the Office of Best Practice Regulation and the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Civil Aviation Regulations 1988, as amended by the instrument CASA ADCX 021/12, pertains to the revocation of certain Airworthiness Directives (ADs) for aircraft registered in Australia. These regulations apply to all entities and individuals involved in the operation, maintenance, and certification of aircraft within the Australian jurisdiction. Specifically, they target the aviation industry, including aircraft manufacturers, operators, and maintenance providers, ensuring compliance with airworthiness standards set by the Civil Aviation Safety Authority (CASA). The scope extends to all aircraft and aeronautical products registered in Australia, imposing obligations on these entities to adhere to the ADs that govern their continuing airworthiness. The regulations are intended to align with international standards under Annex 8 of the Convention on International Civil Aviation, ensuring consistency in airworthiness directives across jurisdictions.
The application of these regulations is confined to the Australian national territory, enforcing standards that align with those set by the International Civil Aviation Organization (ICAO). However, the regulations do not apply to foreign-registered aircraft unless they are subject to Australian airworthiness directives. The revocation of specific ADs, as detailed in the instrument CASA ADCX 021/12, is aimed at reducing regulatory burden while maintaining safety standards. This revocation is effective for airworthiness directives issued by the State of Design on or after 1 October 2009, superseding previously established requirements with new European Union Aviation Safety Agency (EASA) directives. The instrument does not engage any human rights or freedoms as it pertains solely to technical airworthiness requirements.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988, as amended by CASA ADCX 021/12, include the revocation of certain Airworthiness Directives (ADs) as outlined in CASR Part 39.001A. Specifically, the revocation pertains to a State of Design airworthiness directive issued on or after 1 October 2009, which has been superseded by EASA AD 2009-0249 issued on 20 November 2009. This means that the superseded AD/PC-12/55 is no longer applicable, and operators must adhere to the new directive issued by EASA.
The obligations and requirements imposed by this regulation primarily concern aircraft operators, maintenance organisations, and the Civil Aviation Safety Authority (CASA). Operators and maintenance organisations must ensure that their aircraft comply with the current ADs as issued by CASA or the European Union Aviation Safety Agency (EASA), depending on the type of aircraft. CASA, as Australia’s national airworthiness authority, is responsible for ensuring that airworthiness directives are up to date and reflect the latest safety standards. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must accept that AD and ensure it is enforced. Additionally, operators and maintenance organisations must keep abreast of any changes to ADs that could affect the airworthiness of their aircraft.
The consequences of failing to comply with these regulations can be severe. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can result in criminal and civil penalties. The maximum penalties for contravening ADs can include fines and imprisonment. For example, under section 16 of the Act, an individual can be fined up to $16,500 and/or imprisoned for up to two years for each offence. For corporations, the fines can be significantly higher, up to $825,000 for each offence. Moreover, CASA has the authority to suspend or revoke an operator’s certificate or a maintenance organisation’s licence if it is found that they have failed to comply with applicable ADs. This not only carries financial penalties but also affects the operational capability and reputation of the entity involved.