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-100/17 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-100/17. 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, addresses the regulation and safety of civil aviation within Australia, ensuring compliance with international standards. One of the mechanisms provided under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the safety and airworthiness of aircraft registered in Australia. This legislative framework was introduced to fill the need for stringent and standardised safety protocols within the rapidly evolving field of civil aviation. The Civil Aviation Safety Regulations 1998 further define the process and authority for issuing ADs, emphasising the importance of continuing airworthiness as mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. The policy objective behind these regulations is to ensure that Australian civil aviation maintains high safety standards in alignment with global best practices.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, which are integral to ensuring the safety of air navigation. The Act applies to the Civil Aviation Safety Authority (CASA), which, under regulation 39.001, is empowered to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are designed to maintain the airworthiness of aircraft and are particularly pertinent to the State of Design and the State of Registry, who are responsible for ensuring that aircraft meet continuing airworthiness standards as per Annex 8 of the Convention on International Civil Aviation. The ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. CASA, as Australia's national airworthiness authority, plays a critical role in assessing foreign ADs and issuing Australian ADs where necessary. The authority to issue these directives extends to all aircraft registered in Australia, encompassing both commercial and private aviation sectors. The application of these regulations is nationwide, aligning with Australia’s commitments under international civil aviation conventions. While ADs are crucial regulatory tools, they are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is therefore a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions primarily concern the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft was designed, is responsible for the ongoing airworthiness of the aircraft type. This includes providing any necessary information to ensure the airworthiness of the type to the appropriate States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft in its registry. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with these obligations can result in serious consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs, breaches of these regulations can potentially lead to enforcement actions by CASA. These actions may include fines, suspension or revocation of aircraft operating certificates, or other regulatory measures intended to ensure compliance with safety standards. Given the critical nature of airworthiness directives in maintaining the safety of aviation, non-compliance can result in severe civil or criminal consequences, including prosecution under relevant aviation safety statutes.
The process of issuing and cancelling ADs is also regulated to ensure consistency with international obligations. In the case of the AD/AC-100/17, which affected all models of S.L. Industries Commander 100 and Volair 10 series aircraft, CASA issued an Australian AD based on the State of Design's information. However, following a reassessment, CASA determined that the unsafe condition addressed by the AD no longer existed, leading to the cancellation of the AD. This cancellation was made in accordance with the provisions of the Civil Aviation Act 1988, ensuring that CASA's actions were consistent with its legislative mandate and international obligations under the Convention on International Civil Aviation.