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/HS 125/57
This uniquely-Australian Airworthiness Directive specified that the flight manual must be in metric units. This requirement has been superseded by CAR 54 and the definition of flight manual in the CASR Dictionary.
Consultation
No consultation with the Australian public has taken place on this AD cancellation as the requirement of AD/HS 125/57 has been superseded by CAR 54 and the definition of flight manual in the CASR Dictionary. Ss such the cancellation simply removes duplicate requirements. 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 023/11]
Overview
The Civil Aviation Regulations 1988 were enacted to address the need for comprehensive regulations governing the safety and efficiency of civil aviation in Australia. Specifically, this legislation was introduced to provide the framework for the safety of air navigation, allowing the Governor-General to make regulations under section 98 of the Civil Aviation Act 1988. This was done in the interests of ensuring that all operations within Australian airspace adhered to stringent safety standards. The policy objective of this regulation was to facilitate the continuing airworthiness of aircraft, ensuring that both the State of Design and the State of Registry uphold their responsibilities as outlined in Annex 8 to the Convention on International Civil Aviation. This framework was established to harmonise with international standards, thus ensuring that Australian civil aviation practices were aligned with global norms. The enactment of these regulations was overseen by the Australian Parliament, reflecting a commitment to maintaining high safety standards within the nation's airspace.
Scope and Application
The Civil Aviation Regulations 1988, specifically concerning the revocation of Airworthiness Directives (ADs), apply to entities and individuals involved in the civil aviation sector within Australia. The Act is primarily concerned with ensuring the safety of air navigation in accordance with the Civil Aviation Act 1988. The regulations extend to mandating and regulating airworthiness directives issued by the Civil Aviation Safety Authority (CASA) for types of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The geographic reach of these regulations is national, encompassing all aircraft registered in Australia, regardless of their State of Design. Notably, the Act mandates that CASA, as Australia’s national airworthiness authority, must issue Australian ADs to enforce the requirements of State of Design ADs when they affect aircraft registered in Australia. This revocation of AD/HS 125/57, which previously required flight manuals to be in metric units, is an example of the Act's application, as the requirement has been superseded by CAR 54 and the definition of flight manual in the CASR Dictionary. The revocation of this specific directive aims to eliminate redundancy in the regulations.
Key Provisions
The Civil Aviation Regulations 1988, as amended, outline specific provisions concerning the revocation of Airworthiness Directives (ADs), particularly those issued by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products. The revocation of AD/HS 125/57, which required flight manuals to be in metric units, is one such legislative action. This particular AD has been rendered obsolete due to the introduction of Civil Aviation Regulation 54 and the updated definition of a flight manual within the Civil Aviation Safety Regulations Dictionary.
Entities governed by these regulations, particularly CASA and the State of Registry for individual aircraft, bear obligations to ensure the continuing airworthiness of aircraft types. CASA must assess information from the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type. When an AD is issued by the State of Design, CASA is mandated to review and, if necessary, issue an Australian AD to enforce the State of Design's requirements. The State of Registry must also develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. These obligations are crucial for maintaining the safety standards and regulatory compliance of aircraft operating within Australia.
Failure to comply with ADs or other regulatory requirements can result in significant consequences. Under the Civil Aviation Act 1988, breaches of ADs can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment, reflecting the severity of non-compliance with aviation safety regulations. The exact penalties depend on the nature and extent of the breach, but they underscore the importance of adhering to ADs and other regulatory mandates to ensure the safety of air navigation. The revocation of AD/HS 125/57 serves to streamline regulatory requirements, eliminating redundancy and ensuring that all relevant parties are operating under the most current and effective safety standards.