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-100/3 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-100/3. 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 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of the industry. One of its key provisions is the ability of the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were created, which include the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the continuing airworthiness of aircraft types and to the State of Registry for the airworthiness of individual aircraft. The ADs are a legislative instrument under the Legislative Instruments Act 2003, and their issuance reflects CASA’s role as Australia’s national airworthiness authority.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs), which are regulatory instruments aimed at ensuring the continuing airworthiness of aircraft. These directives apply to specific kinds of aircraft and aeronautical products, and are issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001. This process is guided by international standards, notably Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry in ensuring aircraft airworthiness. CASA, as Australia’s national airworthiness authority, must evaluate directives issued by the State of Design and, if necessary, issue Australian ADs to enforce these requirements. ADs are legislative instruments and can be disallowed under the Acts Interpretation Act 1901, while their development and implementation do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. This regulatory framework ensures that airworthiness directives are issued in line with international obligations and national safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 supports this, allowing the Governor-General to make regulations in the interest of air navigation safety. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations primarily focus on ensuring the safety and airworthiness of aircraft registered in Australia. CASA, as the national airworthiness authority, must evaluate ADs issued by the State of Design and, when necessary, issue corresponding Australian ADs to enforce the design state’s requirements. The State of Registry must ensure the continuing airworthiness of aircraft, either by developing or adopting specific requirements, as outlined in Annex 8 of the Convention on International Civil Aviation.
Under the Convention, the State of Design has a primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to other States of Registry. When a State of Design issues an AD, CASA evaluates this information and decides whether to issue an Australian AD. In the case of the AD/AC-100/3, which affected all models of S.L. Industries Commander 100 and Volair 10 series aircraft, CASA assessed the information and subsequently cancelled the Australian AD because the unsafe condition no longer existed. This cancellation took effect on 28 August 2008.
Failure to comply with airworthiness directives can lead to serious consequences. Violations may result in enforcement actions by CASA, which could include grounding the aircraft until compliance is achieved. Under the Civil Aviation Act 1988, severe breaches can lead to substantial fines and imprisonment. The maximum penalties for offences under the Act include fines of up to $210,000 for individuals and $1,050,000 for corporations, alongside potential imprisonment terms. These stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation.