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/ECUREUIL/128
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0258 issued on
6 December 2010.
AD/EC 135/21 Amdt 2
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 The requirements of this airworthiness directive have been superseded by EASA AD 2010-0254 issued on
6 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 033/10]
Overview
The Civil Aviation Regulations 1988 were enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure safety, efficiency, and environmental protection in air navigation. The revocation of specific Airworthiness Directives (ADs) under this Act addresses the need to align Australian aviation safety regulations with international standards and practices, ensuring that Australian aircraft meet global safety benchmarks. The Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments that mandate specific safety measures for aircraft and aeronautical products. The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative foundation for these regulations, with the overarching policy objective of maintaining the highest standards of air safety in Australia.
Scope and Application
The Civil Aviation Regulations 1988, as amended, apply to all aircraft registered in Australia and to all aeronautical products, as well as to any relevant entities and individuals responsible for their airworthiness, such as aircraft operators, maintenance providers, and aviation engineers. These regulations are designed to ensure the safety of air navigation within Australia's jurisdiction, in alignment with the Civil Aviation Act 1988 and international standards set by the International Civil Aviation Organization. Airworthiness directives, which are legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) to mandate compliance with airworthiness requirements. These directives are issued in response to State of Design airworthiness directives issued on or after 1 October 2009, which supersede earlier requirements. The application of these regulations is not subject to exclusions or exemptions, but they do allow for the revocation of certain airworthiness directives when new or updated directives are issued, ensuring that the highest safety standards are consistently maintained. The scope of the regulations can be extended or modified through subordinate instruments, ensuring flexibility in addressing emerging safety issues and technological advancements.
Key Provisions
The key operative sections of the Civil Aviation Regulations 1988 (CASR) concerning the revocation of Airworthiness Directives (ADs) revolve around the authority of the Civil Aviation Safety Authority (CASA) to issue and manage ADs under regulation 39.001 (subsection 5). The provisions outline CASA's responsibility to assess State of Design ADs and determine their applicability to aircraft registered in Australia. The ADs in question, issued on or after 1 October 2009, are classified under CASR Part 39.001A and have been superseded by more recent European Aviation Safety Agency (EASA) directives.
The obligations and requirements imposed by the Act on the parties it governs are primarily centred on compliance with ADs. CASA, as Australia's national airworthiness authority, must evaluate State of Design ADs to determine if they apply to aircraft within the Australian Register. If an AD is deemed necessary, CASA issues an Australian AD to enforce the requirements. Furthermore, the State of Registry of an individual aircraft must ensure its continuing airworthiness, aligning with the requirements set forth by CASA. This process ensures that the safety standards mandated by the Civil Aviation Act 1988 are upheld.
In terms of civil and criminal consequences for non-compliance, the legislation does not explicitly outline penalties for breaching ADs within the explanatory statement. However, the overarching Civil Aviation Act 1988 and associated regulations imply that failure to comply with ADs could result in significant repercussions. This may include administrative penalties, enforcement actions, and potential legal proceedings. The precise penalties for non-compliance would depend on the specific circumstances and the severity of the breach.
Additionally, the revocation of certain ADs, as mentioned in the explanatory statement, reflects CASA’s commitment to maintaining up-to-date and relevant airworthiness information. The ADs in question have been superseded by newer EASA directives, indicating that CASA continuously assesses and updates ADs to align with international standards and safety requirements. This ongoing evaluation process ensures that the aviation industry operates within the most current and effective regulatory framework.