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/A330/9 Amdt 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 The requirements of this airworthiness directive which referred to EASA AD 2007-0070 have been superseded by EASA AD 2007-0070R1, effective 9 December 2010.
AD/BELL 206/171
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 The requirements of this airworthiness directive have been superseded by Transport Canada AD
CF-2007-21R1 issued on 30 November 2010.
AD/BELL 222/43
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 AD
CF-2007-21R1 issued on 30 November 2010.
AD/BELL 407/30
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 AD
CF-2007-21R1 issued on 30 November 2010.
AD/BELL 427/7
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 AD
CF-2007-21R1 issued on 30 November 2010.
AD/BELL 430/11
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 AD
CF-2007-21R1 issued on 30 November 2010.
AD/DAUPHIN/90
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 2006-0368R1 issued on
2 December 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 032/10]
Overview
The Civil Aviation Regulations 1988 were enacted to provide a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and airworthiness of aircraft. Under this Act, the Governor-General has the authority to make regulations that support the Act's objectives, particularly concerning the safety of air navigation. The Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring that aircraft remain airworthy throughout their operational lives. These ADs are legislative instruments subject to disallowance by Parliament. The policy objective of these regulations is to maintain high standards of safety in civil aviation, aligning with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Regulations 1988, as amended by the revocation of specific Airworthiness Directives, applies to all aircraft registered in Australia and the operators of these aircraft. The regulations are made under the authority of the Civil Aviation Act 1988, with the primary aim of ensuring the safety of air navigation. Airworthiness Directives (ADs) are legislative instruments issued by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, in accordance with the Civil Aviation Safety Regulations 1998. These ADs pertain to the continuing airworthiness of specific types of aircraft and aeronautical products, ensuring that they meet necessary safety standards. The State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type, issues ADs, and CASA must assess and, if appropriate, mandate these requirements for Australian registered aircraft. The revocation of specific ADs, as detailed in the legislation, reflects updates or changes in international standards and practices, such as those issued by the European Aviation Safety Agency (EASA) or Transport Canada.
Key Provisions
The Civil Aviation Regulations 1988, as amended by the revocation of specific Airworthiness Directives (ADs), detail the process and criteria for the issuance, amendment, and cancellation of ADs under the Civil Aviation Act 1988 (sections 98 and 39.001). This legislation mandates that the Civil Aviation Safety Authority (CASA) must evaluate and implement ADs issued by the State of Design, ensuring that they align with Australian safety standards. Furthermore, these regulations specify that ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Specifically, several State of Design ADs issued on or after 1 October 2009 have been revoked due to superseding directives from the European Aviation Safety Agency (EASA) and Transport Canada.
Entities governed by these regulations, particularly CASA and aircraft operators, are required to comply with the ADs issued under the Civil Aviation Safety Regulations 1998. CASA must assess ADs from the State of Design, and if deemed necessary, issue corresponding Australian ADs. Aircraft operators and owners must adhere to these directives to ensure the continuing airworthiness of their aircraft. This involves implementing any specified maintenance, repair, or modification actions as outlined in the ADs. Additionally, aircraft manufacturers and other relevant entities must provide necessary information and updates to CASA to support the ongoing assessment and management of airworthiness directives.
Failure to comply with the airworthiness directives or the regulations governing them can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may lead to enforcement actions by CASA, including the issuance of compliance orders or notices. In severe cases, CASA may take legal action against aircraft operators or other entities that fail to comply with the airworthiness requirements. The potential penalties include fines and, in the case of criminal offences, imprisonment. For instance, serious breaches may result in penalties of up to $22,222 for individuals and $111,111 for corporations, as stipulated in the relevant sections of the Civil Aviation Act 1988.