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-100/15 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-100/15. 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, Airframe and Structures, 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, is the primary piece of legislation governing civil aviation safety in Australia. This Act empowers the Governor-General to make regulations for the purpose of ensuring the safety of air navigation, which includes the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail the requirements for airworthiness, including the conditions under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives. These directives are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft types. The authority to issue these directives stems from Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and requires the State of Registry to implement necessary measures. In the specific case of the S.L. Industries Commander 100 and Volair 10 series aircraft, CASA has cancelled the relevant airworthiness directive as the unsafe condition no longer exists, fulfilling Australia’s international obligations.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower CASA to mandate specific requirements for the continuing airworthiness of certain types of aircraft and aeronautical products. The ADs serve as legislative instruments under the Legislative Instruments Act 2003, reflecting the authority vested in CASA by the Governor-General. The scope of these directives extends to all relevant aircraft and aeronautical products within the Australian jurisdiction, with specific focus on those registered under the State of Registry, aligning with obligations under the Convention on International Civil Aviation. This legislation ensures that CASA, as the national airworthiness authority, can effectively manage the safety standards for aircraft within Australia, following the guidance and requirements set forth by the State of Design and international standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. Subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The Convention on International Civil Aviation, through Annex 8, assigns the State of Design the primary responsibility for ensuring the continuing airworthiness of an aircraft type, necessitating the provision of essential information to States of Registry to maintain airworthiness. The State of Registry, in turn, is responsible for implementing measures to ensure the airworthiness of individual aircraft, aligning with Annex 8 requirements. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The Civil Aviation Safety Authority, or its predecessors, had previously issued AD/AC-100/15 concerning all models of S.L. Industries Commander 100 and Volair 10 series aircraft. Following an assessment, CASA has decided to cancel Australian AD/AC-100/15, effective 28 August 2008. This cancellation is due to the unsafe condition no longer existing, hence no replacement AD is required. The decision to cancel the AD was made in compliance with Australia’s obligations under the Convention on International Civil Aviation, thereby bypassing the need for public consultation. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The cancellation was authorised by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaching the requirements set out in an airworthiness directive can lead to serious legal consequences. Failure to comply with an AD can result in the grounding of the affected aircraft, which may constitute a breach of safety regulations. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 establish the legal framework that governs these safety requirements. Under the Act, CASA has the authority to impose penalties for non-compliance, including fines and potential criminal charges in cases of gross negligence or willful misconduct. The maximum penalties for such breaches can be significant, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation. These penalties serve as a deterrent against non-compliance and underscore the serious nature of disregarding regulations designed to protect public safety in aviation.