Explanatory Statement
Civil Aviation Regulations 1988
Revocation of Airworthiness Directives
Legislation
Under section 98 of the Civil Aviation Act 1988, 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. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
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/A320/183
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 The requirements of this airworthiness directive which referred to DGAC AD F-2004-038 have been superseded by EASA AD 2010-0177, effective 13 September 2010.
Consultation
No consultation with the Australian public has taken place on these AD cancellations. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The ADs have 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 024/10]
Overview
The Civil Aviation Regulations 1988, enacted by the Australian Parliament, aim to ensure the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to create regulations that uphold safety standards, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The 1988 Act and the Civil Aviation Safety Regulations 1998 provide the legislative framework for CASA to issue ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The revocation of specific ADs, as detailed in the explanatory statement, reflects the dynamic nature of airworthiness standards and the continuous efforts to align Australian regulations with international safety practices.
Scope and Application
The Civil Aviation Regulations 1988 apply to entities and persons involved in the operation, maintenance, and registration of aircraft within Australia. Specifically, the Act pertains to the safety of air navigation and the continuing airworthiness of aircraft, as overseen by the Civil Aviation Safety Authority (CASA). Airworthiness directives (ADs) issued under the Civil Aviation Safety Regulations 1998 are a key aspect of this legislation, aiming to ensure that aircraft meet safety standards set by the State of Design and the State of Registry. ADs, which are legislative instruments, are mandated by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The scope of this legislation includes all aircraft registered in Australia, irrespective of their origin or the nationality of the operator, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). While the Act does not specify particular exclusions or thresholds, the application and enforcement of ADs can be tailored through subordinate instruments, which extend or restrict the application as necessary. The revocation of specific ADs, such as those superseded by newer directives, demonstrates the dynamic nature of the legislation, adapting to advancements in aviation safety standards and technological developments.
Key Provisions
The Civil Aviation Regulations 1988, as amended, contain several key provisions regarding the revocation of Airworthiness Directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that are in the interests of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for certain aircraft or aeronautical products. Subregulation 39.001(5) stipulates that an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by this Act on the parties it governs are substantial. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to ensure that the type remains airworthy. This responsibility extends to sharing information with appropriate States of Registry, which are the countries where the individual aircraft are registered. CASA, acting as Australia’s national airworthiness authority, must assess the information from State of Design ADs and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design.
The revocation of ADs carries potential consequences for non-compliance. While the explanatory statement does not detail specific offences or penalties, it is implicit that failure to comply with ADs could lead to safety issues and legal ramifications. Given the critical nature of airworthiness directives, any breaches could result in serious safety violations, with potential civil or criminal penalties. However, the exact nature and extent of these penalties are not specified within the provided text.
In summary, the Civil Aviation Regulations 1988 establish a framework for the issuance and revocation of airworthiness directives, ensuring that the safety standards are met both at the design and registry levels. These provisions mandate a cooperative approach between the State of Design and the State of Registry to maintain the airworthiness of aircraft, with CASA playing a pivotal role in enforcing these standards in Australia.