NOTICE OF MAKING OF CIVIL AVIATION ORDER 108.56
REPEAL INSTRUMENT 2013
Notification under subregulation 5 (3) of the Civil Aviation Regulations 1988
For subregulation 5 (3) of the Civil Aviation Regulations 1988 (CAR 1988), notice of the making of Civil Aviation Order 108.56 Repeal Instrument 2013 (the repeal instrument) is given.
The repeal instrument repeals Civil Aviation Order 108.56 (CAO 108.56) because another instrument, CAO 100.5 Amendment Instrument 2013 (No. 1), in creating a revised uniform and comprehensive standard for the maintenance of altimeters and certain related and other instrumentation in the form of pitot-static systems, air data computers, airspeed indicators, and fuel quantity gauges, adopted, in modified form, the standards that were previously contained in CAO 108.56 specifying testing of certain aircraft instruments. CASA considers that it is preferable to locate all of these relevant standards, including for altimeters, in a single Civil Aviation Order (CAO), namely CAO 100.5, and to repeal CAO 108.56. The repeal instrument, therefore, repeals CAO 108.56.
The repeal instrument will come into effect on 1 August 2013, after registration on the Federal Register of Legislative Instruments (FRLI), FRLI number F2013L01331.
Under subregulation 38 (2) of CAR 1988, a maintenance direction (including the repeal of a maintenance direction) is not binding on a person unless it has been served on that person.
Under subregulation 5 (3), a direction that is issued in Civil Aviation Orders is taken to have been served on a person to whom the direction relates on the day on which notice of the making of the Order is notified in the Gazette.
[Signed A. Anastasi]
Adam Anastasi
General Counsel and
Executive Manager
Legal Services Division
CIVIL AVIATION SAFETY AUTHORITY
9 July 2013
Overview
The Civil Aviation Order 108.56 Repeal Instrument 2013, enacted by the Civil Aviation Safety Authority (CASA), was introduced to streamline and consolidate aviation maintenance standards. The 2013 instrument repeals Civil Aviation Order 108.56, which previously specified testing standards for certain aircraft instruments, in light of the new standards set out in the Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 1). This repeal is intended to make all relevant standards more accessible and manageable by consolidating them into a single Order, thereby improving the coherence and efficiency of regulatory compliance for industry participants. The repeal instrument was gazetted on 9 July 2013 and came into effect on 1 August 2013, following its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Civil Aviation Order 108.56 Repeal Instrument 2013 is a legislative instrument that repeals Civil Aviation Order 108.56, which previously specified testing standards for certain aircraft instruments such as altimeters, pitot-static systems, air data computers, airspeed indicators, and fuel quantity gauges. The repeal is necessary as the standards previously contained in CAO 108.56 have been incorporated, in modified form, into CAO 100.5 by the CAO 100.5 Amendment Instrument 2013 (No. 1). This consolidation of standards into a single CAO is intended to streamline and clarify the regulatory framework for the maintenance of these instruments. The repeal instrument applies to all persons and entities subject to the Civil Aviation Regulations 1988 and is effective from 1 August 2013. The repeal instrument is binding upon affected persons once it is notified in the Gazette, as per the Civil Aviation Regulations 1988.
Key Provisions
The Civil Aviation Order 108.56 Repeal Instrument 2013 (the repeal instrument) revokes Civil Aviation Order 108.56 (CAO 108.56), which previously specified standards for the testing of certain aircraft instruments, including altimeters and related instrumentation. This repeal follows the adoption of revised standards by another instrument, CAO 100.5 Amendment Instrument 2013 (No. 1), which consolidates all relevant standards in a single Civil Aviation Order, namely CAO 100.5 (sections 1 and 2). The repeal instrument is intended to streamline and update the regulatory framework by removing outdated or redundant provisions. The repeal will take effect on 1 August 2013, once it is registered on the Federal Register of Legislative Instruments under the number F2013L01331 (section 3).
Entities and individuals governed by the Civil Aviation Regulations 1988 (CAR 1988) must comply with the updated standards set out in CAO 100.5, which now encompasses the testing requirements previously outlined in CAO 108.56. This includes ensuring that the maintenance and testing of aircraft instruments meet the new, consolidated standards. The repeal of CAO 108.56 does not alter the substantive requirements for maintaining aircraft instrumentation but instead reorganises them under CAO 100.5 (subregulation 38(2) of CAR 1988). Compliance with the new standards is mandatory for all relevant parties, including aircraft owners, operators, and maintenance providers.
Failure to comply with the new standards set out in CAO 100.5, including those formerly in CAO 108.56, may result in civil or criminal penalties. The specific consequences of non-compliance depend on the nature and severity of the breach. Civil Aviation Safety Authority (CASA) may take enforcement actions, which could include fines, enforcement notices, or other regulatory measures. The exact penalties are not detailed in the repeal instrument itself but would be governed by the broader provisions of CAR 1988 and any relevant Australian legislation (section 5(3) of CAR 1988).