CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
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.
The Civil Aviation Safety Authority or its predecessors issued AD/AC-100/10 affecting all models of S.L. Industries Commander 100 and Volair 10 series aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/AC-100/10. The cancellation will become effective on 28 August 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation and ensure safety in air navigation. Under section 98 of this Act, the Governor-General has the authority to create regulations that support the Act's objectives, particularly those related to the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to maintain the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The recent cancellation of an AD for certain aircraft models by CASA exemplifies the Authority's role in upholding safety standards, demonstrating a practical application of these legislative provisions.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives apply to all aircraft or aeronautical products registered in Australia and are integral to the continuing airworthiness of these entities, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the initial airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the ongoing airworthiness by issuing appropriate directives. ADs are legislative instruments under Australian law, subject to disallowance and review processes. The specific AD/AC-100/10 issued for certain models of S.L. Industries Commander 100 and Volair 10 series aircraft was cancelled by CASA on 28 August 2008, following an assessment that the unsafe condition it was addressing no longer existed. This cancellation was made in accordance with the Act and did not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The main sections of the Civil Aviation Act 1988 relevant to this regulation include section 98, which empowers the Governor-General to make regulations for the safety of air navigation, and section 84A, which specifies the procedure for making such regulations. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) classifies an AD as a disallowable instrument, and therefore a legislative instrument under the Legislative Instruments Act 2003. This means that ADs have the force of law and must be adhered to by relevant parties.
The obligations imposed by these sections and regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet safety standards.
Failure to comply with an AD can result in significant legal and financial consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to civil penalties, including fines. The maximum penalty for an individual is generally $22,200, while the penalty for a body corporate can be significantly higher. Additionally, CASA may take enforcement actions such as grounding aircraft or barring operators from flying certain aircraft until compliance is achieved. In severe cases, criminal charges could be pursued, leading to imprisonment for individuals responsible for non-compliance.
The regulatory framework ensures that airworthiness directives are carefully considered and enforced, maintaining the high safety standards required in civil aviation. CASA’s assessment and subsequent cancellation of AD/AC-100/10 for S.L. Industries Commander 100 and Volair 10 series aircraft demonstrate the authority’s commitment to safety, reflecting the obligations under international conventions and domestic legislation.