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-100/13 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-100/13. 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 Commonwealth Parliament, establishes the framework for civil aviation safety in Australia. The Act aims to ensure the safety and efficiency of aviation, including the regulation of air navigation and airworthiness of aircraft. Complementing this, the Civil Aviation Safety Regulations 1998 provide detailed provisions for implementing the Act, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft and aeronautical products. The Civil Aviation (Safety) Amendment Regulations 2008, issued under the authority of the Act, address the cancellation of an Australian AD affecting certain aircraft models, aligning with international obligations under the Convention on International Civil Aviation. This cancellation reflects the resolution of a previously identified safety issue, thereby enhancing aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby extending the application of the Civil Aviation Act 1988. These directives are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are crucial for ensuring the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation, which places the responsibility for such oversight with the State of Design and the State of Registry. In Australia, CASA, as the national airworthiness authority, assesses information from the State of Design and issues Australian ADs to enforce these safety requirements. The scope of these regulations is national, applying to all aircraft registered in Australia, and extends to any ADs issued by other ICAO Contracting States that affect aircraft on the Australian Register. There are no stated exclusions or exemptions within the provided text, but the process for issuing ADs may be further refined through subordinate instruments or specific regulations within the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. This makes ADs legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Airworthiness directives play a crucial role in maintaining the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for ensuring the continuing airworthiness of that aircraft type. This includes providing necessary information to States of Registry, who in turn are responsible for the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
CASA has issued AD/AC-100/13 for all models of S.L. Industries Commander 100 and Volair 10 series aircraft, but subsequently cancelled this directive on 28 August 2008. This cancellation was due to the unsafe condition no longer existing, and as such, no replacement AD is required. The cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and therefore, no consultation with the Australian public was undertaken. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
The Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, made this AD cancellation on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This section outlines the obligations and procedures for issuing airworthiness directives and ensuring the continuing airworthiness of aircraft registered in Australia. Non-compliance with ADs can result in serious consequences, including potential criminal and civil penalties, as well as enforcement actions by CASA. The maximum penalties for breaches of these regulations can include fines and imprisonment, depending on the severity of the violation.