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-100/2 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-100/2. 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 Commonwealth Parliament, serves as the principal legislation governing civil aviation in Australia. It aims to ensure the safety and efficiency of civil aviation, among other things. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, thereby enforcing compliance with airworthiness standards. The objective is to maintain the continuing airworthiness of aircraft registered in Australia, in line with international obligations under the Convention on International Civil Aviation. This legislative framework ensures that CASA can respond swiftly to safety issues by issuing or cancelling ADs as necessary, thereby upholding the highest safety standards for Australian civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives serve to maintain the safety standards in air navigation, as stipulated under section 98 of the Civil Aviation Act 1988. Such ADs are binding legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and align with Annex 8 of the Convention on International Civil Aviation. This international agreement delineates the responsibilities of the State of Design in ensuring the continuing airworthiness of aircraft types and mandates that the State of Registry enforces these requirements. In Australia, CASA, as the national airworthiness authority, assesses the information provided by the State of Design and, if necessary, issues Australian ADs to enforce the required safety measures. This regulation applies to all entities involved in the manufacture, registration, and operation of the specified aircraft within Australian jurisdiction, ensuring compliance with both national and international safety standards.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations that are in the interest of air navigation safety, as stated in section 98. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. This regulatory framework is designed to maintain the highest safety standards in the aviation industry. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. Furthermore, Annex 8 to the Convention on International Civil Aviation mandates that the State of Design has primary responsibility for ensuring the continuing airworthiness of an aircraft type and must share necessary information with States of Registry.
Under these regulations, the State of Registry is responsible for the ongoing airworthiness of individual aircraft. Annex 8 also requires that States of Registry develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. When a State of Design issues an AD against an aircraft type registered in Australia, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft operating in Australia meet international safety standards. CASA has previously issued AD/AC-100/2 concerning all models of S.L. Industries Commander 100 and Volair 10 series aircraft but has since cancelled this directive, effective 28 August 2008, due to the resolution of the unsafe condition identified.
Entities governed by these provisions have specific obligations. The State of Design must ensure the airworthiness of aircraft types and provide necessary information to States of Registry. CASA, as the national airworthiness authority, must assess any ADs issued by States of Design and issue corresponding Australian ADs if deemed necessary. The State of Registry must implement and enforce airworthiness requirements for aircraft registered within their jurisdiction. These obligations are critical to maintaining high safety standards in the aviation industry.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various legal consequences. Offences under these Acts can lead to civil penalties, including fines, and in severe cases, criminal penalties. The specific penalties depend on the nature and severity of the breach but can include substantial fines for individuals and corporations. Additionally, CASA has the authority to take enforcement actions, such as grounding aircraft that do not meet airworthiness requirements, which can have significant operational and financial implications for airlines and aircraft operators. Ensuring compliance with ADs is essential to avoid these potential consequences and maintain the safety and integrity of the aviation industry.