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 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/A330/97
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 The requirements of this airworthiness directive have been superseded by EASA AD 2011-0211 issued on
31 October 2011.
AD/B737/354 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 The requirements of this airworthiness directive have been superseded by FAA AD 2011-23-05 issued on
20 October 2011.
AD/EC 135/17 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 The requirements of this airworthiness directive which referred to EASA AD 2009-0106-E have been superseded by EASA AD 2009-0106R1, dated 3 November 2011.
AD/CF6/36 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 FAA AD 2011-23-04 issued on
26 October 2011.
Consultation
Foreign State of Design ADs are defined as ADs by CASR regulation 39.001A. Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.
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, 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 024/11]
Overview
The Civil Aviation Regulations 1988 were enacted to establish a comprehensive legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations necessary for the purposes of the Act and to promote the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The problem this piece of legislation addresses is the need to update and revoke outdated airworthiness directives that have been superseded by newer regulations issued by the States of Design, which are responsible for the continuing airworthiness of aircraft types according to Annex 8 of the Convention on International Civil Aviation. The policy objective of this particular regulation is to ensure that the airworthiness directives in effect align with the most current safety standards and requirements set by the international aviation community.
Scope and Application
The Civil Aviation Regulations 1988, as amended by F2011L02319, pertain to the revocation of specific Airworthiness Directives (ADs) under the Civil Aviation Act 1988. This legislation applies to any entity or person responsible for the airworthiness of aircraft registered in Australia, including operators, manufacturers, and the Civil Aviation Safety Authority (CASA), which acts as the national airworthiness authority. These regulations are applicable across the Commonwealth of Australia and are consistent with the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of States of Design and States of Registry for aircraft airworthiness. The revocation of certain ADs, as detailed in the explanatory statement, specifically targets those that have been superseded by more recent directives issued by foreign States of Design, such as the European Union Aviation Safety Agency (EASA) and the Federal Aviation Administration (FAA) of the United States. The exclusion of these superseded ADs from Australian regulatory requirements does not necessitate public consultation, as per the Civil Aviation Safety Regulations. The application of these regulations extends through subordinate instruments that allow CASA to manage airworthiness directives effectively and in line with international standards.
Key Provisions
The Civil Aviation Regulations 1988, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to make regulations for air safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. Under subsection 98(5B) of the Act, ADs remain legislative instruments. These directives are essential for maintaining the airworthiness of aircraft and are issued by various ICAO Contracting States, including Australia.
The obligations imposed by these regulations primarily concern the State of Design and the State of Registry. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure continuing airworthiness, and ADs are the primary means of this communication. The State of Registry, which is responsible for the individual aircraft, must implement or adopt requirements to ensure the airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD for an aircraft on the Australian Register, CASA must accept and implement it. This ensures that all aircraft operating in Australia comply with the latest safety standards.
Breaches of the Civil Aviation Regulations 1988 and the requirements set forth in ADs can result in significant penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil penalties, including fines, and in severe cases, criminal penalties. The exact penalties depend on the nature and severity of the breach, but they can be substantial, reflecting the critical importance of air safety. The Act provides for maximum penalties to be imposed for serious breaches, ensuring that there are strong disincentives to non-compliance.