Airworthiness Directives 2004 - Revocation and Remaking - Radio Communication and Navigation Equipment

The instrument rests on three core legal and administrative concepts as expressed in its text.

1. Delegation under the Civil Aviation Safety Regulations 1998. The delegate named in the instrument acts under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998, which the instrument cites as the source of authority for the revocation and remaking action. The instrument therefore operates as an exercise of delegated regulatory power rather than primary legislation.

2. Revocation and remaking. The two paired actions are explicit: the instrument revokes the Airworthiness Directives listed in Schedule 1, and it remakes them “as separate instruments” and attaches them. Revocation is a legal termination of the prior instrument(s) or the provision of legal force that the prior consolidated form had. Remaking as separate instruments indicates the production of multiple, discrete AD instruments, each replicating the latest published wording of the relevant AD.

3. Continuity of substance. The instrument contains a declaratory note that each attached AD is “being re-made in exactly the same form as appears in the latest published edition of the Directive.” That establishes the instrument’s internal claim that the remaking is not a substantive amendment to the technical requirements: the content is to be reproduced unchanged from the latest published edition, and the effect is organisational or presentational rather than technical, according to the instrument text.

Operationally important subsidiary concepts appear in Schedule 1: ADs are identified by subject matter (for example “Transponder”, “Emergency Locator Transmitter”, “Cockpit Voice Recorder”, “Distance Measuring Equipment”), by manufacturer or model in many cases (for example Bendix, Collins, Honeywell, Garmin), and by AD number (for instance AD/RAD/48 Collins TCAS II and TCAS 94 Systems). Schedule entries also indicate prior amendment status (Amdt 1, Amdt 2, Amdt 5) and in some cases a “CANCELLED” status. Those annotations in the Schedule are part of the instrument’s factual record and are therefore relevant to understanding which versions or statuses of ADs are being treated in the revocation/remaking exercise.

The instrument does not itself restate technical validation, enforcement mechanisms, or penalties; it focuses on the legal form of the ADs. The primary legal consequence the instrument creates is the change in legal form and instrument citation for the ADs listed while, as the instrument expressly assures, preserving the latest published substantive text.

The instrument affects any person or entity that is subject to or relies upon the Airworthiness Directives listed in Schedule 1. The Schedule shows the ADs concern radio communication and navigation equipment installed in aircraft, and their titles identify common types of obligations: “Modification”, “Inspection”, “Replacement”, “Withdrawal from Service”, “Periodic Testing”, and “Operation From 27.5 Volt Supply.” From the titles in the Schedule, the groups most directly affected are:

• Aircraft owners and operators who have affected equipment installed in their aircraft. Where an AD requires modification, inspection, replacement or retirement of equipment (for example “Bendix Transmitters, Type TA-2 Series , Modular Connecting Lead” AD/RAD/1 or “Garmin GNS 430” AD/RAD/74), the immediate economic burden of compliance (parts, labour, aircraft downtime) will fall on the owner/operator or on the entity contractually tasked with maintenance.

• Approved maintenance organisations and maintenance personnel who perform the required inspections, modifications, replacements or withdrawals specified in the ADs. The Schedule’s repeated use of the word “Modification” and “Inspection” indicates actions that will typically be performed under maintenance approval and will generate logbook entries and records.

• Aircraft registrars, continuing airworthiness managers and compliance officers, who must ensure documentation and compliance records reference the current legal instrument. Because the instrument revokes the listed ADs in their previous consolidated form and remakes them as separate attached instruments, practitioners responsible for documentation will need to update citations to the legal instrument that implements each AD.

• Manufacturers, modifiers and parts suppliers indicated in the AD titles (for example Collins, Bendix, Honeywell, Garmin), insofar as an AD may require a specific modification, kit or procedure, or otherwise constrain the operation/maintenance of particular equipment models.

• Safety regulators and CASA staff who administer and enforce the CASR framework, because the legal form of ADs (how they are instrumented and cited) affects regulatory records, registers and the indexing of ADs for compliance monitoring.

The instrument itself does not create new technical obligations; it transfers the listed ADs into separate instruments while asserting unchanged substantive text. Consequently the substantive compliance duties that affect the groups above are those contained in the attached ADs. The Schedule’s entries that are annotated “CANCELLED” also raise a practical effect: the presence of cancelled ADs in the Schedule means readers and affected parties must confirm in the attached instruments whether the cancellation is reproduced or whether a cancellation notice is separately attached. The instrument does not itself resolve that question beyond the general note stating attached ADs are remade in the latest published form.

This instrument operates principally as an organisational re-issue of existing Airworthiness Directives; it does not itself set out granular duties or rights beyond the act of revocation and remaking. However, the instrument establishes two legal facts that create predictable duties and rights in practice.

Duties arising from the instrument

• Update and compliance duty for affected parties: because the instrument revokes the listed ADs and remakes them as separate attached instruments, operators, maintenance providers and continuing airworthiness managers have a duty to obtain and rely on the attached, remade AD instruments for the operative text and to ensure compliance with those texts. The instrument’s note that the attached ADs replicate the “latest published edition” suggests the substantive duties previously communicated remain in force in their remade form, but duty-bearers must verify that by consulting the attached instruments.

• Administrative update duty for regulators and central records: CASA and entities that maintain regulatory databases or compendia of ADs will need to update their records and citations to reflect separate instruments for each AD listed in the Schedule. The instrument’s two-fold mandate (revocation and remaking) means the legal citation for an AD can change even if its substantive text does not.

• Operational compliance duties derived from AD content: the Schedule shows ADs that, by their titles, require specific actions (modification, inspection, withdrawal, replacement, periodic testing, etc.). Those duties are located in the individual AD documents and, by the instrument’s own statement, remain unchanged in their latest published form attached to this instrument.

Rights and procedural aspects

• Right to consult the attached instruments for operative text: the instrument states that each AD is remade and attached. Affected parties have the right (and practical need) to consult those attached instruments. Under the instrument’s structure, the remade attached AD is the authoritative text for the AD after this instrument’s commencement.

• Right to rely on continuity of substantive content: subject to verification by consulting the attachments, the instrument’s express note provides that the substantive text of each remade AD is intended to be exactly the same as the latest published edition. This conveys an expectation of continuity that affected parties can rely on until a separate amendment or cancellation instrument is made.

What the instrument does not do

• The instrument does not itself grant exemptions, nor does it create new technical compliance options or implementation schedules; those matters are within the text of the attached ADs (if provided). The instrument is silent on penalties, enforcement procedures or transitional compliance relief; any such details would need to be obtained from the CASR framework or the attached AD instruments themselves.

Because the instrument functions as an administrative rearrangement of ADs, the operative duty for practitioners is primarily to treat the attached separate AD instruments as the operative law for the listed items and to update internal compliance and documentation systems accordingly.

The instrument contains no express penalty or enforcement provisions within its text. It performs two administrative acts , revocation and remaking , and relies on the coordinating authority of the Civil Aviation Safety Regulations 1998 (it cites subregulation 39.001(1) as the enabling provision). The instrument therefore implicitly places enforcement and any applicable penalty mechanisms within the broader CASR regulatory framework rather than in the instrument itself.

Immediate implications for enforcement practice

• Enforcement of the obligations arising from the remade ADs will depend on the enforcement regime applicable to Airworthiness Directives under the Civil Aviation Safety Regulations 1998 and any other relevant statutory or regulatory provisions. The instrument does not purport to modify enforcement powers; it relocates the textual source of each AD into a separately issued instrument.

• Because the instrument remakes ADs “in exactly the same form” as the latest published edition, the substantive obligations remain substantively unchanged and therefore any existing enforcement approaches and penalty exposures tied to failure to comply with those obligations would, on the instrument’s face, remain the same. Practitioners should therefore look to the attached AD texts for the precise compliance requirements and to CASR and any relevant enforcement policy instruments for the applicable enforcement tools and penalties.

Potential compliance and enforcement practicalities

• Citation and records: enforcement actions and notices commonly specify the instrument breached by reference to AD number and instrument citation. Where AD legal form and citation change (from a consolidated instrument to separate attached instruments), enforcement processes will need to ensure correct instrument identification. The instrument thus imposes a practical administrative requirement on enforcement bodies to map old citations to new separate instruments.

• Cancelled ADs: the Schedule lists several ADs marked “CANCELLED.” The instrument does not explain whether the act of remaking will reproduce the cancellation status, or whether cancellations will be separately recorded in the attached materials. That uncertainty has enforcement implications because an enforcement officer or regulated person must verify whether a listed AD is active or cancelled in the attached instrument.

Absence of express penalties in this instrument means that any penalty exposure continues to be governed by the broader CASR legal regime. The instrument’s scope is organisational; it does not itself expand or limit the statutory enforcement powers beyond the fact that enforcement will concern compliance with the separately attached AD instruments.

The instrument expressly situates itself within the Civil Aviation Safety Regulations 1998 by reference to subregulation 39.001(1) as the source of delegated authority for the delegate of CASA to revoke and remake Airworthiness Directives. That is the only explicit cross-reference in the text provided. From the instrument’s wording we can identify a few concrete interactions.

Interaction with the Civil Aviation Safety Regulations 1998

• Source of authority. The instrument is an exercise of power under subregulation 39.001(1) of the Civil Aviation Safety Regulations 1998, and therefore it is subordinate legislation operating within the CASR framework. Any legal interpretation of this instrument’s validity or the scope of its revocation/remaking power would therefore be resolved by reference to the enabling provision cited in the instrument and by reference to the broader CASR regime.

• Enforcement and compliance. Since the instrument contains no internal penalty provisions, enforcement of the substantive duties that follow from the remade ADs will be governed by the enforcement mechanisms and remedies provided by the CASR and by relevant aviation safety legislation. The instrument’s role is to alter the legal form of specified ADs within that framework.

Interaction with prior AD instruments

• Revocation of prior instruments. The instrument’s operative text revokes the Airworthiness Directives mentioned in Schedule 1. That revocation interacts with any prior instruments or consolidated compilations that contained those ADs: those prior instruments will no longer be the operative legal source for the ADs named in the Schedule after this instrument takes effect, and the attached separate instruments will be the operative source. The instrument therefore changes how the ADs are cited and where their authoritative text is located.

Interaction with records, compliance systems and contractual documents

• Updating legal citations. Organisations that maintain regulatory databases, continuing airworthiness records, maintenance manuals, or contractual documents that reference AD numbers and instrument citations will need to interact with this instrument by updating references to the attached separate AD instruments. The instrument does not itself amend those external instruments or contracts, but the legal source of the AD obligations those documents reference will have changed.

Limits to cross-act effects in the instrument text

• No express abolition or relaxation of technical obligations. The instrument does not interact with the substantive content of the ADs; its note states the attached ADs are remade in exactly the same form as the latest published edition. Therefore any substantive interplay with other statutory or contractual obligations (for example where an AD’s requirement intersects with an aircraft’s maintenance schedule agreed under contract) remains unchanged in substance, but the legal citation and physical attachment of the AD text do change.

Practical caveat

• The instrument lists ADs annotated “CANCELLED” and items with amendment annotations. Resolving the present legal status of those ADs in the context of other laws (for example whether a cancelled AD still affects a maintenance contract or an airworthiness approval) requires consulting the attached AD text and the CASR legal framework. The instrument itself does not set out transitional or savings provisions beyond the revocation/remaking action.

The instrument itself is dated 20 December 2004 and signed by David Villiers as the CASA delegate. Within the instrument text the Schedule records a number of ADs and includes annotations that reflect prior amendment activity and cancellation history for individual ADs. The instrument’s own immediate purpose is to revoke and remake the ADs listed, and it declares that the remade ADs will replicate the latest published edition.

Recorded amendment indicators in Schedule 1

• Several AD entries are followed by “Amdt” notations, for example “AD/RAD/9 Amdt 1” (Rexair Amspeaker , Fuse Installation), “AD/RAD/11 Amdt 2” (VHF Transceiver , Modification), “AD/RAD/47 Amdt 1” (Periodic Testing of ATC Transponders), and “AD/RAD/66 AD/RAD/66 Mode S Altitude” does not explicitly show an amendment in the fragment but other entries show “Amdt 1”, “Amdt 2”, “Amdt 5”. Those notations indicate the listed ADs had been amended previously and the Schedule identifies their last recorded amendment number.

• Several entries are annotated “CANCELLED” in the Schedule (for example AD/RAD/10 “VHF Transceiver , Modification , CANCELLED”, AD/RAD/12 “HF Transceiver , Modification , CANCELLED”, AD/RAD/27 “Chromalloy Rescue Locator Beacon , Withdrawal from Service , CANCELLED”). The presence of “CANCELLED” next to particular ADs in the Schedule reflects prior cancellation activity recorded at the time this instrument was made.

What this instrument does to amendment history

• Single-point remaking. By revoking the listed ADs and remaking each as a separate attached instrument, the instrument consolidates the current published form of each AD into separate legal instruments, preserving the latest published text according to the instrument note. The instrument therefore acts as a re-issue point in the amendment history: the remade attachment is the new form and location for the AD text.

• Preservation, not alteration. The instrument’s note is explicit that remade ADs reproduce the latest published edition “in exactly the same form.” That means the instrument does not itself introduce amendments to the technical substance of the ADs; it records and repackages the current amendment status as embodied in the latest published forms.

No other amendment entries in this instrument

• The instrument does not list any amendments it makes to those ADs and does not include an amendment schedule beyond the list. Its function is not to record incremental amendments but to effect the legal transition from previously issued forms to separate attached instruments. Any subsequent amendments to those remade ADs will need to be effected by separate instruments under the powers conferred by the CASR.

Practical point for practitioners

• Because the Schedule records past amendments and cancellations by annotation, users must consult the attached remade AD documents to confirm which amendment version is reproduced and whether cancellations are preserved in the attached form. The instrument’s own text does not enumerate amendment content beyond the Amdt annotations in the Schedule.

The instrument as provided contains no references to litigation, judicial review, or court determinations. It records an administrative act carried out under the delegated powers of CASA, and it does not purport to record any legal disputes about the ADs it remakes. Consequently:

• There is no litigation history contained in this instrument text to draw upon. The instrument does not cite cases, nor does it record prior legal proceedings that might have shaped the ADs it addresses.

• Practitioners seeking litigation history or judicial interpretation relevant to any individual AD named in the Schedule must consult external sources: case law databases, court records, or CASA administrative records. This instrument itself does not provide that material.

• Because the instrument is an exercise of delegated administrative power under the CASR, any litigation challenging its validity, the validity of a remade AD, or the substantive requirements of an AD would need to address the enabling subregulation and the administrative record underpinning the AD in question; none of that material is included or summarised in this instrument.

In short, this instrument does not itself supply litigation history and no judicial material is appended to or referenced within the text provided. Users requiring information on legal challenges to particular ADs must rely on external legal research.

This instrument contains a number of features that create practical points of attention for lawyers, compliance officers, maintenance organisations and operators. The points below are drawn directly from the instrument text and from the Schedule it contains.

1. Change of legal citation, no substantive change. The instrument revokes the listed ADs and remakes them as separate attached instruments “in exactly the same form as appears in the latest published edition.” That means the substantive obligations (as published previously) are, per the instrument, unchanged; the legal reference you should use to cite the ADs, however, will have changed. If contracts, manuals, certificates or maintenance records cite the prior instrument form, those citations should be updated to reflect the attached separate AD instruments.

2. Presence of “CANCELLED” entries in the Schedule. The Schedule includes ADs marked “CANCELLED.” The instrument does not explain whether those cancelled ADs are remade as cancelled instruments or whether the word is a historical note. Practitioners must check the attachments to confirm whether a cancellation is reproduced or whether the cancellation remains an operative status; do not rely on the Schedule annotation alone for current status.

3. Amendment numbering in the Schedule. Many ADs are listed with amendment annotations (for example Amdt 1, Amdt 2, Amdt 5). The instrument claims to reproduce the latest published edition. Users should verify that the attached instrument corresponds to the amendment number expected; discrepancies between the Schedule annotation and the attached text would need to be resolved by reference to the attached document and CASA records.

4. No penalties or transitional provisions in this instrument. The instrument does not include penalty clauses or transitional compliance provisions. If an operator is mid-compliance with an AD at the time of this instrument’s operation, the instrument itself does not provide any relief or transitional direction , the obligations and any enforcement consequences depend on the substantive AD text and the CASR enforcement framework.

5. Administrative mapping required. Because the instrument moves AD text into separate attachments, any electronic or paper compendium that formerly relied on a consolidated instrument must be updated. That includes regulatory databases, continuing airworthiness management documents, and maintenance control manuals. Failure to map the old citation to the new instrument may cause administrative confusion during audits or inspections.

6. Scope limited to radio communication and navigation equipment. The Schedule lists ADs only in the radio communication and navigation equipment subject area. Do not assume this instrument affects ADs in other technical domains. Confirm scope by reference to Schedule 1 entries.

7. Need to consult attached instruments. The instrument’s operative content depends on attached ADs, which are not reproduced in full in the text provided. For any precise legal drafting, compliance timeline, or technical requirement, consult the attached instruments referenced by the revocation/remaking instrument. The instrument itself is a pointer to those attachments, not a replacement for them.

8. Who signed and the enabling provision. The instrument is signed by a CASA delegate and cites subregulation 39.001(1) of the CASR as enabling authority. If a legal question arises about the delegate’s exercise of power, the correct locus for inquiry is the cited subregulation and any rules on delegation in the CASR, not the text of this instrument beyond its invocation of that subregulation.

Those practical “gotchas” are not speculative; they follow from the instrument’s structure, from the Schedule annotations and from the note that remade ADs replicate the latest published edition.

Compliance following this instrument is procedural and substantive. Procedural compliance means correctly identifying and citing the remade ADs and updating records. Substantive compliance means continuing to meet the technical requirements of the ADs themselves. The instrument’s text makes clear that the remade ADs are in “exactly the same form” as the latest published editions, so the substantive requirements persist. Actions to take, grounded in the instrument text, include the following.

1. Obtain the attached remade AD instruments. The instrument remakes each AD listed in Schedule 1 and attaches them. The first compliance step is to obtain and retain copies of the attached instruments. These are the authoritative texts for each AD after the date of this instrument. Do not rely on the Schedule listing alone; the attachments contain the operative technical requirements, amendment detail and any special notes.

2. Verify the status of entries annotated “CANCELLED” in the Schedule. Where the Schedule records “CANCELLED” next to an AD, confirm whether the cancellation is reproduced in the attached instrument or whether the attached instrument represents the latest published edition (which may itself be a cancellation notice). If an AD is cancelled in the attached instrument, treat it as not imposing active obligations; if the attached instrument reproduces the AD as active, then comply with its requirements.

3. Update citation and records. Wherever a prior consolidated AD instrument was cited in maintenance manuals, continuing airworthiness records, contracts, or regulatory databases, replace or supplement that citation with the new attached instrument citation as issued under this instrument. This ensures that audits, inspections and enforcement actions refer to the correct legal source.

4. Confirm amendment versions. The Schedule records amendment numbers for many ADs. Confirm that the attached text corresponds to the expected amendment version and that any referenced modification kits, service bulletins or technical data referenced in the AD are the versions you intend to follow. If there is any inconsistency between expected amendment content and the attached text, raise the matter with CASA or refer to official CASA compilations.

5. Implement technical requirements as specified in the attached ADs. For ADs that require modification, inspection, replacement, withdrawal from service, or periodic testing (all categories visible in the Schedule), ensure that maintenance organisations plan and carry out the work according to the AD schedule, logbook entry requirements, and continuing airworthiness procedures. Ensure provision of parts, technician authorisations and acceptable data are all consistent with the AD text.

6. Coordinate with maintenance providers and supply chains. Where an AD imposes a modification or parts replacement, coordinate with approved maintenance organisations and suppliers to secure kits or parts and to schedule maintenance windows. Budget for the likely costs of modifications or downtime that result from the ADs listed (the Schedule shows numerous model-specific ADs affecting Nav/Com, transponders, ELTs, TCAS and other items).

7. Preserve audit trails. Because the instrument changes the legal location and citation of ADs, maintain an audit trail documenting when citations were updated in manuals and records. This is useful for regulatory inspections and for demonstrating timely compliance where timing is crucial.

8. Seek clarification from CASA where necessary. If the attached ADs do not clearly resolve the status of cancelled items or if there is uncertainty about implementation timelines or acceptable data, raise the issue with CASA through its published channels. The instrument itself does not contain transitional or penalty provisions, so resolving unclear matters with the regulator reduces administrative risk.

9. Update contracts and insurance advice. If existing commercial arrangements or insurance terms refer to AD compliance using the old instrument citation, update contractual references and notify relevant parties that the legal form of the applicable ADs has changed even though the substantive obligations are claimed to be unchanged.

10. Keep records of the instrument itself. File a copy of the December 2004 instrument and the attached remade ADs in organisational legal and compliance files. The instrument is the contemporaneous administrative record that effected revocation and remaking and may be required as proof of the ADs’ legal form in future regulatory or contractual contexts.

Follow these steps in order: obtain attached instruments, verify status (especially for cancelled entries), update citations and records, and implement the technical requirements. The instrument itself is a procedural vehicle; successful compliance requires consulting and acting on the substantive AD texts that are attached under this instrument.