CASA ADCX 030/10 - Revocation of Airworthiness Directives

Overview

The Civil Aviation Regulations 1988 were enacted to regulate air navigation safety and establish the framework for the issuance and revocation of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These regulations address the need for a coherent and effective system to ensure that aircraft in Australian airspace meet necessary safety standards. The Civil Aviation Act 1988 provides the authority for the Governor-General to make regulations in the interests of safety, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs. The objective of these ADs is to ensure that aircraft are maintained in a safe condition, thereby enhancing overall aviation safety. The ADs in question, issued by CASA, were made to revoke specific directives in alignment with international standards and to reflect the supersession of certain requirements by more recent directives issued by other authorities.

Scope and Application

The Civil Aviation Regulations 1988, specifically under section 98 of the Civil Aviation Act 1988, empower the Governor-General to enact regulations that promote the safety of air navigation. This regulatory framework includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and must comply with the requirements set out in the Acts Interpretation Act 1901. The State of Design of an aircraft holds primary responsibility for ensuring the continuing airworthiness of the aircraft type, while the State of Registry is tasked with implementing these requirements at the individual aircraft level. CASA, as Australia's national airworthiness authority, evaluates the information provided by the State of Design and, if necessary, issues Australian ADs to enforce the continuing airworthiness standards. Notably, ADs issued by the State of Design on or after 1 October 2009 are governed under CASR Part 39.001A. This specific revocation of certain ADs has been executed by the Manager, Continuing Airworthiness, within CASA’s Airworthiness and Engineering Branch, pursuant to subsection 94(1) of the Act.

Key Provisions

The Civil Aviation Regulations 1988, as amended, contain provisions that govern the revocation of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products (section 39.001). Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies an AD as a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, making it a legislative instrument (subregulation 39.001(5)). The obligations imposed by the Civil Aviation Regulations 1988 on the parties or entities it governs include the State of Design having overall responsibility for the continuing airworthiness of an aircraft type. Under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide any necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry (Annex 8). The State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of aircraft (Annex 8). When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design (section 94(1)). Any breach of the Civil Aviation Regulations 1988 may result in civil or criminal consequences. However, the Explanatory Statement does not provide specific details on the offences, penalties, or consequences for breach. It is essential to consult the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 for more information on the potential penalties for non-compliance with the regulations. It is also important to note that no consultation with the Australian public has taken place on these AD cancellations, and 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.