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/BR700/10 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 The requirements of this airworthiness directive have been superseded by EASA AD 2007-0152-CN issued on 22 December 2011.
AD/CON/81 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 The requirements of this airworthiness directive have been superseded by FAA AD 2011-26-07 issued on
20 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 Therefore if an Australian AD has its requirements superseded by the requirements of a State of Design AD, those requirements may under regulation 39.001A be given effect to without public consultation.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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
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 027/11]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing various safety and operational issues related to aircraft and aviation activities. The 1988 Regulations were instrumental in ensuring compliance with both national and international aviation standards, contributing to the safety and efficiency of Australia's civil aviation sector. The Civil Aviation (Airworthiness Directives) Instrument 2012 (F2012L00011) was introduced to amend the Civil Aviation Safety Regulations 1998, specifically addressing the revocation of certain airworthiness directives (ADs) that have been superseded by directives from the State of Design. This instrument was developed in accordance with the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. The policy objective of this instrument is to streamline the process of updating and enforcing airworthiness directives, ensuring that the most current and effective safety measures are applied without unnecessary regulatory duplication.
Scope and Application
The Civil Aviation Regulations 1988, specifically the revocation of certain airworthiness directives, applies to the aviation industry in Australia, encompassing both domestic and international aircraft that are registered in Australia. This legislation pertains to the continuous airworthiness of aircraft, which is a critical safety requirement. It mandates that Australia’s national airworthiness authority, the Civil Aviation Safety Authority (CASA), must comply with airworthiness directives issued by the State of Design when those directives apply to aircraft on the Australian register. The scope of the Act is further extended through subordinate instruments which may dictate additional specifics and conditions pertaining to airworthiness directives. This regulatory framework is designed to ensure that all aircraft operating in Australian airspace meet the required safety standards, thereby enhancing the overall safety of air navigation. The Act does not specify any exclusions or exemptions, and its application is not limited by geographic or jurisdictional boundaries within Australia.
Key Provisions
The Civil Aviation Regulations 1988, as amended by the instrument CASA ADCX 027/11, focus on the revocation of specific airworthiness directives (ADs). These ADs, as defined under CASR Part 39.001A, are legislative instruments that CASA can issue to ensure the continuing airworthiness of aircraft and aeronautical products. The revocation of these ADs is specifically addressed under the authority granted by section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers CASA to issue ADs for particular kinds of aircraft or aeronautical products.
The obligations imposed by the Civil Aviation Regulations 1988 on the parties governed by these ADs primarily revolve around ensuring the continuing airworthiness of aircraft. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, is mandated to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must accept and implement that AD. The regulations also outline that ADs issued on or after 1 October 2009 are defined by CASR Part 39.001A and can be superseded by equivalent ADs from other States of Design, such as EASA or FAA, without requiring public consultation.
In terms of consequences for breach, the Civil Aviation Regulations 1988 do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with the revoked ADs. However, the overarching framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 would still apply. Non-compliance with ADs can lead to severe consequences, including potential grounding of aircraft, enforcement actions by CASA, and in serious cases, criminal charges. The maximum penalties for such breaches could include substantial fines and imprisonment, depending on the severity of the non-compliance and its impact on aviation safety.
The instrument, CASA ADCX 027/11, has been determined to be compatible with human rights and freedoms as recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Office of Best Practice Regulation has also concluded that the revocation of these ADs does not necessitate a Regulatory Impact Statement. This ensures that the changes brought about by the instrument do not infringe upon any applicable rights or freedoms and align with international human rights standards.