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/B767/243
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 The requirements of this airworthiness directive have been superseded by State of Design AD 2011-25-11 issued on 29 November 2011.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 Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.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 025/11]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation in Australia, as authorised by section 98 of the Civil Aviation Act 1988. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs are legislative instruments, defined under subsection 98(5B) of the Act, and align with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintain the continuing airworthiness of aircraft types and provide necessary information to States of Registry. This particular regulation was introduced to address the gap in managing superseded ADs by foreign States of Design, which CASA must accept for aircraft on the Australian Register. The policy objective is to ensure that ADs are superseded efficiently and without unnecessary delays, aligning with international standards while maintaining safety and regulatory oversight.
Scope and Application
The Civil Aviation Regulations 1988, specifically addressing the revocation of airworthiness directives (ADs), apply to all persons and entities involved in the operation of aircraft in Australia, including aircraft manufacturers, operators, and maintenance providers. The Act operates under the authority granted by the Civil Aviation Act 1988, ensuring that ADs, which are critical for maintaining the continuing airworthiness of aircraft, are issued and enforced in the interests of safety. ADs are legislative instruments that can be issued by the Civil Aviation Safety Authority (CASA) or accepted from the State of Design, particularly when they concern aircraft on the Australian Register. These regulations also align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The revocation of certain ADs, such as AD/B767/243, is carried out by CASA in accordance with the Civil Aviation Safety Regulations 1998, without the need for public consultation if superseded by State of Design ADs issued on or after 1 October 2009. The scope of these regulations extends nationally, ensuring uniformity in the application of airworthiness standards across all states and territories in Australia.
Key Provisions
The Civil Aviation Regulations 1988, under the Civil Aviation Act 1988, grant the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation, as stipulated in section 98. Furthermore, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is noteworthy that ADs issued on or after 1 October 2009 are specifically defined in subsection 98(5B) of the Act, maintaining their status as legislative instruments.
Under the Civil Aviation Safety Regulations 1998, CASA has the responsibility to accept any ADs issued by the State of Design regarding aircraft types registered in Australia, in accordance with Annex 8 of the Convention on International Civil Aviation. This requirement ensures that Australia adheres to international standards and fosters collaboration between the State of Design and the State of Registry in maintaining the continuing airworthiness of aircraft. When an AD is issued by the State of Design, CASA must accept and implement it, thereby ensuring that Australian aircraft meet the necessary safety standards.
The obligations imposed by these regulations are primarily on CASA and the State of Registry. CASA must accept and enforce ADs issued by the State of Design, ensuring that the requirements are met for aircraft registered in Australia. The State of Registry is responsible for developing or adopting requirements that ensure the continuing airworthiness of aircraft, aligning with international standards. These obligations are essential for maintaining the safety and reliability of air navigation within Australia and in compliance with international conventions.
In terms of consequences for non-compliance, the Act does not explicitly detail the penalties or consequences for failing to adhere to the provisions outlined in the Civil Aviation Regulations 1988. However, the overarching intent of these regulations is to ensure the safety of air navigation, and any breach of these requirements could potentially lead to severe implications, including potential safety hazards and legal repercussions. The seriousness of non-compliance is underscored by the need to maintain high standards of airworthiness to protect the public and uphold international safety agreements.