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/AE 3007/6 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 The requirements of this airworthiness directive which referred to FAA AD 2009-08-51 have been superseded by FAA AD 2010-19-01, effective 27 October 2010.
AD/A330/89
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 The requirements of this airworthiness directive have been superseded by EASA 2010-0191 issued on
27 September 2010.
AD/CESSNA 750/4
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 2010-20-10 issued on
15 September 2010.
AD/JBK 117/30
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 JCAB TCD-7358A-2010 issued on 22 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 025/10]
Overview
The Civil Aviation Regulations 1988, enacted in 1988, were amended to revoke certain airworthiness directives, as per the explanatory statement F2010L02581 issued under the Civil Aviation Act 1988. These amendments were introduced to address the need for regulatory updates in the continuing airworthiness of aircraft. The Civil Aviation (All Aircraft) Amendment Regulations 2010 (F2010L02581) were made by the Australian Civil Aviation Safety Authority (CASA), acting under the authority granted by section 98 of the Civil Aviation Act 1988, in the interests of ensuring the safety of air navigation. The policy objective of these regulations is to ensure that CASA, as Australia’s national airworthiness authority, can effectively assess and mandate the requirements of State of Design airworthiness directives for aircraft registered in Australia, thereby maintaining the highest safety standards in line with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Regulations 1988, as amended, pertain to the revocation of certain Airworthiness Directives (ADs) relevant to aircraft registered in Australia. The scope of this legislation encompasses the specific ADs issued by the Civil Aviation Safety Authority (CASA), which operates under the authority granted by section 98 of the Civil Aviation Act 1988. These regulations ensure the safety of air navigation and apply to any aircraft, aeronautical products, and related entities operating within Australia's jurisdiction. The ADs in question were issued by the State of Design of various aircraft types, and CASA is responsible for assessing these directives and issuing corresponding ADs as necessary to maintain the continuing airworthiness of aircraft registered in Australia. Notably, the ADs revoked under this legislation were those issued on or after 1 October 2009, and their revocation reflects updates and supersessions by more recent directives from other international regulatory bodies such as the FAA, EASA, and JCAB. The application of these regulations is strictly within the Commonwealth jurisdiction, ensuring uniformity and compliance across Australia.
Key Provisions
The Civil Aviation Regulations 1988, particularly sections relevant to airworthiness directives (ADs), establish the framework under which ADs are issued and managed within Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products, making them legislative instruments under the Acts Interpretation Act 1901. These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Regulations 1988 on parties governed by these ADs include adherence to the safety requirements outlined in the directives. The State of Design is responsible for the overall airworthiness of an aircraft type and must provide necessary information to ensure its safety, while the State of Registry must develop or adopt requirements to maintain the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is mandated to assess information from State of Design ADs and issue Australian ADs when necessary. The regulations also ensure that ADs issued on or after 1 October 2009 are subject to specific definitions and supersede previous directives as outlined in the Civil Aviation Safety Regulations Part 39.001A.
Failure to comply with the provisions of the ADs can lead to serious consequences. The Civil Aviation Regulations 1988 do not explicitly detail specific offences or penalties for non-compliance with ADs. However, under the Civil Aviation Act 1988, violations of airworthiness regulations can result in civil penalties, including fines, and criminal penalties, such as imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts. Ensuring compliance with ADs is critical to maintaining the high safety standards required in the aviation industry.