Civil Aviation Order 103.8 Repeal Order 2007

Overview

The Civil Aviation Order 103.8 Repeal Order 2007 was enacted to address the obsolescence of the design standards for aircraft tyres contained in Civil Aviation Order 103.8 (CAO 103.8). The Civil Aviation Act 1988 grants the Governor-General the authority to make regulations for the Act and for the safety of air navigation, with the Civil Aviation Safety Authority (CASA) empowered under subregulation 21A(1) of the Civil Aviation Regulations 1988 to issue design standards for aircraft components where no appropriate design standard is in force. However, the design standards in CAO 103.8 for aircraft tyres have become outdated, with such equipment now approved under regulation 21.305 of the Civil Aviation Safety Regulations 1998. This repeal order revokes CAO 103.8 to align with current regulatory practices. The Order is subject to tabling and disallowance in the Parliament under the Legislative Instruments Act 2003, although consultation under section 17 of the LIA was not undertaken as the Order only revokes an outdated Order. The Office of Best Practice Regulation has determined that a Regulation Impact Statement is unnecessary due to the low impact on business compliance costs. A saving provision permits the continued use of aircraft tyres that complied with the CAO 103.8 design standards and were installed on an aircraft immediately before the commencement of this Order.

Scope and Application

The Civil Aviation Order 103.8 Repeal Order 2007 is an instrument made under the Civil Aviation Act 1988 to revoke the outdated Civil Aviation Order 103.8, which previously contained design standards for aircraft tyres. This Order applies to entities involved in the aviation industry, specifically those who design, manufacture, or use aircraft tyres, as it removes the previous design standards and replaces them with current regulations. The scope of this Order is limited to the geographic jurisdiction of Australia, and it does not introduce new obligations but rather updates existing ones by aligning them with the more recent Civil Aviation Safety Regulations 1998. The Order does not specify any exclusions or exemptions but notes a saving provision that allows the continued use of aircraft tyres compliant with the old design standards if they were installed prior to the commencement of this Order. Additionally, because the Order revokes an existing Order rather than introducing new requirements, consultation under the Legislative Instruments Act 2003 was deemed unnecessary. This Order is subject to the legislative scrutiny provided by the Legislative Instruments Act 2003, including potential disallowance by Parliament.

Key Provisions

The key provision of the Civil Aviation Order 103.8 Repeal Order 2007 (subsection 98(1) of the Civil Aviation Act 1988) is that the Governor-General may make regulations for the Act and the safety of air navigation. This particular Order revokes Civil Aviation Order 103.8 (CAO 103.8), which contained design standards for aircraft tyres, as these standards are now obsolete. The equipment, including aircraft tyres, is now approved under regulation 21.305 of the Civil Aviation Safety Regulations 1998. The Order is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (subsection 98(5) of the Civil Aviation Act 1988 and subparagraph 6(d)(i) of the LIA). The revocation of CAO 103.8 aims to ensure that the safety standards remain current and relevant to the industry. The Act imposes several obligations on the parties involved. The Australian Civil Aviation Safety Authority (CASA) must ensure that aircraft components, such as tyres, meet the relevant design standards. CASA may issue a design standard for an aircraft component if no appropriate design standard is in force (subregulation 21A(1) of the Civil Aviation Regulations 1988). Furthermore, the Office of Best Practice Regulation (OBPR) does not require a Regulation Impact Statement for the revocation because a preliminary assessment of business compliance costs indicates that it will have only a low impact on business. The saving provision allows the continued use of aircraft tyres that complied with the CAO 103.8 design standards and were installed on an aircraft immediately before the commencement of this Order. This ensures a smooth transition for those who have already complied with the old standards. Any breach of the provisions of the Civil Aviation Act 1988 and associated regulations may result in various civil and criminal consequences. Offences under the Act may lead to fines, imprisonment, or both. For example, subsection 23(1) of the Act provides for a maximum penalty of $22,200 for an individual or $111,000 for a body corporate for an offence against the Act. The specific penalties depend on the nature and severity of the offence. Additionally, failure to comply with the regulations may result in CASA taking enforcement action, such as grounding an aircraft or imposing restrictions on the operation of an aircraft. The consequences for non-compliance can be severe, including potential risks to the safety of air navigation. The Civil Aviation Order 103.8 Repeal Order 2007 is a legislative instrument that revokes the outdated CAO 103.8, which contained design standards for aircraft tyres. The Order was made by the Acting Director of Aviation Safety, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The revocation aims to ensure that the safety standards remain current and relevant to the industry. The Order is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the Legislative Instruments Act 2003. The Act imposes obligations on CASA to issue design standards for aircraft components and on the industry to comply with these standards. Failure to comply with the Act or its regulations may result in civil or criminal consequences, including fines and imprisonment.