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/SUPP/18 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 The requirements of this airworthiness directive have been superseded by EASA AD No.: 2009-0122R1 issued on 27 October 2010.
AD/F406/12
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0230 issued on
5 November 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 AD 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 029/10]
Overview
The Civil Aviation Regulations 1988 were enacted to ensure the safety of air navigation, in accordance with section 98 of the Civil Aviation Act 1988. The regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs, as legislative instruments, serve as crucial tools for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design of an aircraft holds the primary responsibility for continuing airworthiness, while the State of Registry is tasked with ensuring that the individual aircraft meets the necessary safety standards. CASA, as Australia’s national airworthiness authority, evaluates the information provided by the State of Design and may issue its own ADs to enforce compliance with the design state’s requirements. The revocation of certain ADs, such as those superseded by newer European Union Aviation Safety Agency (EASA) ADs, reflects the dynamic nature of airworthiness standards and the need to align with international best practices.
Scope and Application
The Civil Aviation Regulations 1988, specifically addressing the Revocation of Airworthiness Directives, apply to any aircraft registered in Australia and their respective owners or operators. This regulation is instrumental in ensuring the safety of air navigation by revoking certain airworthiness directives that have been superseded by equivalent or updated directives issued by the European Aviation Safety Agency (EASA) or other competent authorities. The geographic reach of this regulation is national, as it pertains to all aircraft registered under Australian jurisdiction. The revocation of these airworthiness directives is executed through subordinate instruments, which are legislative instruments created under the authority granted by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The revocations explicitly state that they supersede previous directives, such as AD No.: 2009-0122R1 and EASA AD 2010-0230, which were issued on specific dates and pertained to particular aircraft types. The application of these regulations does not extend to any exemptions or exclusions, as they are mandatory for all applicable aircraft within the Australian Register.
Key Provisions
The Civil Aviation Regulations 1988, specifically section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products (section 39.001(5)). These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are critical for maintaining the safety of air navigation. The ADs must be assessed and, if necessary, adopted by CASA to ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. In cases where a State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to evaluate this information and issue an Australian AD to enforce the necessary requirements.
Entities governed by these regulations, including aircraft operators and manufacturers, must adhere to the ADs issued by CASA. They are obligated to implement any mandated changes to aircraft or aeronautical products to maintain airworthiness. This includes conducting inspections, repairs, or modifications as specified in the ADs. Additionally, these entities must ensure that all personnel involved in the maintenance or operation of affected aircraft are adequately trained and informed about the changes required by the ADs. Compliance with ADs is a legal requirement and failure to do so can lead to serious safety issues and potential legal consequences.
Failure to comply with the ADs can result in significant legal repercussions. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can be considered an offence. The potential penalties include substantial fines and, in severe cases, imprisonment. Specifically, under section 96 of the Act, an individual who contravenes an AD can be fined up to $132,000 or imprisoned for up to two years, or both. For corporations, the fines can be significantly higher, reaching up to $660,000. These penalties underscore the importance of strict adherence to the airworthiness directives to ensure the safety and reliability of aircraft operations.