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/BELL 206/130 Amdt 3
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 The requirements of this airworthiness directive have been superseded by Transport Canada CF-1995-17R1 issued on 16 December 2011.
AD/SMA/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airworthiness directive have been superseded by State of Design AD 2008-0078R1
issued on 15 December 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 Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.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, 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 026/11]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety and efficiency of air navigation in Australia. This particular regulation, F2011L02794, addresses the revocation of certain airworthiness directives (ADs) issued by states of design, which are mandated to provide continuing airworthiness information for aircraft types. The regulation was introduced to streamline airworthiness requirements and align them with international standards, particularly those set out in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Act 1988 empowers the Governor-General to make such regulations in the interests of air navigation safety. The policy objective is to ensure that the continuing airworthiness of aircraft is effectively managed by harmonising the requirements of ADs with those of other ICAO Contracting States, thereby reducing regulatory duplication and enhancing safety. The regulation was made by the Civil Aviation Safety Authority (CASA) in accordance with its legislative powers under the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Regulations 1988, specifically the Revocation of Airworthiness Directives, applies to the persons and entities involved in the operation and maintenance of aircraft registered in Australia, including aircraft manufacturers, operators, and maintenance organisations. This regulation is applicable on a national level and aligns with international standards as set by the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of States of Design and States of Registry. The revocation of certain airworthiness directives occurs when these are superseded by more recent directives issued by the State of Design, and such changes can be implemented without public consultation under certain circumstances. Notably, this regulatory framework extends its reach through subordinate instruments such as the Civil Aviation Safety Regulations 1998, which detail the issuance and enforcement of airworthiness directives. The application of these regulations is integral to ensuring the continuing airworthiness of aircraft, with CASA acting as the national airworthiness authority responsible for implementing and enforcing these directives.
Key Provisions
The Civil Aviation Regulations 1988 (the Regulations) under consideration here primarily concern the revocation of certain airworthiness directives (ADs) as outlined in section 39.001A. These sections pertain to the types of aircraft or aeronautical products to which the ADs apply, and their continued relevance in ensuring air safety. Specifically, the revocations mentioned concern ADs pertaining to the Bell 206/130 Amendment 3 and the SMA/4. These ADs, issued on or after 1 October 2009, have been superseded by other directives or regulatory requirements.
The obligations imposed by the Regulations on the parties involved include adherence to the airworthiness directives as outlined by the Civil Aviation Safety Regulations 1998. For instance, the State of Design is responsible for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, must accept any ADs issued by the State of Design for aircraft registered in Australia. This means that both States of Design and Registry must implement any ADs that are issued and accepted by CASA, ensuring that the aircraft in question remain airworthy.
Failure to comply with the ADs, or the revocations thereof, can lead to various consequences. Under the Civil Aviation Act 1988, violations can result in civil or criminal penalties. For example, non-compliance with ADs can lead to civil penalties including fines. The maximum penalty for non-compliance with safety regulations under this Act can be significant, reflecting the critical nature of air safety. Additionally, continued non-compliance may result in criminal charges, particularly if the non-compliance leads to safety incidents or accidents. Therefore, adherence to the ADs and their revocations is not only a regulatory requirement but also a matter of legal obligation to ensure the safety of air navigation.