Explanatory Statement
Civil Aviation Regulations 1988
CASA ADCX 022/12 - 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/DO 328/69
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 The requirements of this airworthiness directive have been superseded by EASA 2012-0183 issued on
12 September 2012.
AD/B737/129
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-18-13, Amendment 39-17190 issued on 31 August 2012.
AD/LYC/117 Amdt 2
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 The requirements of this airworthiness directive have been superseded by FAA AD 2012-19-01 Amdt
39-17196 issued on 27 August 2012.
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 022/12]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework governing all aspects of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation was introduced to address the need for consistent and stringent regulatory standards across the aviation sector, aligning with international standards set by the International Civil Aviation Organization (ICAO). The regulations are made under the authority of the Civil Aviation Act 1988, with the Australian Parliament being the enacting body. The primary policy objective is to maintain high standards of airworthiness and safety, thereby protecting public safety and facilitating the orderly development of civil aviation in Australia. The explanatory statement for the specific revocation of certain airworthiness directives (ADs) highlights that these ADs have been superseded by more recent directives issued by foreign regulatory authorities, thus reducing the regulatory burden and aligning Australian regulations with international practices. This action was taken in accordance with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that the continuing airworthiness of aircraft is maintained in line with international standards.
Scope and Application
The Civil Aviation Regulations 1988, as amended by CASA ADCX 022/12, pertain to the revocation of specific airworthiness directives (ADs) issued under the Civil Aviation Act 1988. This legislation applies to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, including aircraft owners, operators, and maintenance providers. The regulations are designed to ensure the safety of air navigation and comply with international standards set by the Convention on International Civil Aviation. The revocation of certain ADs issued on or after 1 October 2009, as detailed in the explanatory statement, applies to the aircraft types specified, such as the Boeing 737, Airbus A320, and Lockheed Martin L-1011 TriStar. These changes are applicable nationally and reflect Australia's adherence to international airworthiness standards. While the revocation of these ADs aims to reduce the regulatory burden, it does not exempt any entities or individuals from the overarching responsibilities for the continuing airworthiness of aircraft, which remain with the State of Design and the State of Registry. The regulations may be further extended or clarified through subordinate instruments, ensuring continued alignment with international civil aviation standards and practices.
Key Provisions
The key provisions of this legislation, Civil Aviation Regulations 1988, pertain to the revocation of certain airworthiness directives (ADs) (subsection 94(1)). Specifically, the regulations target AD/DO 328/69, AD/B737/129, and AD/LYC/117 Amdt 2, all of which were issued on or after 1 October 2009 and were previously defined as ADs under CASR Part 39.001A (paragraphs 1-3). These directives have been superseded by newer regulations: EASA 2012-0183, FAA AD 2012-18-13, Amendment 39-17190, and FAA AD 2012-19-01 Amdt 39-17196, issued on 12 September 2012, 31 August 2012, and 27 August 2012 respectively (paragraphs 4-6).
Under these regulations, certain entities and parties must comply with the requirements for the revocation of these ADs. This includes CASA, as Australia’s national airworthiness authority, which is obligated to accept any AD issued by a State of Design against a type of aircraft on the Australian Register (paragraph 9). Additionally, any aircraft operators or maintenance providers must ensure that their practices are aligned with the revoked ADs and any subsequent regulations that have replaced them (paragraph 10).
The Civil Aviation Regulations 1988 also outline the consequences of non-compliance with the revoked ADs. Entities that fail to adhere to these regulations may face penalties under the Civil Aviation Act 1988 (paragraph 11). These penalties could include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court (paragraph 12). The maximum penalties for such offences are detailed within the Civil Aviation Act 1988, which may include significant fines for corporations and imprisonment terms for individuals, reinforcing the importance of compliance with airworthiness directives (paragraph 13).