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/14 affecting Twin Aero Commander 680E and 720 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/AC/14. The cancellation will become effective on 31 July 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, provides a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate specific maintenance, repair, or alteration requirements to ensure the continuing airworthiness of aircraft. This is particularly pertinent under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to issue such directives for kinds of aircraft or aeronautical products. The problem or gap addressed by this legislation includes ensuring that aircraft operating in Australia meet specific safety standards, aligning with international obligations under the Convention on International Civil Aviation, specifically Annex 8 which pertains to airworthiness of aircraft. The policy objective is to maintain and enhance the safety of civil aviation within Australia by enabling CASA to respond swiftly to safety issues identified by the State of Design or other contracting states.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance of airworthiness directives (ADs) in Australia, with ADs being legislative instruments as defined under the Legislative Instruments Act 2003. Under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning particular types of aircraft or aeronautical products to ensure the safety of air navigation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, with the State of Registry, in this case CASA, required to implement or adopt measures to maintain this airworthiness. The cancellation of Australian AD/AC/14, which affected Twin Aero Commander 680E and 720 model aircraft, was enacted due to Australia's commitments under the Convention on International Civil Aviation, and this cancellation will take effect on 31 July 2008. No public consultation or Regulatory Impact Statement was deemed necessary for this cancellation, as the unsafe condition it addressed no longer exists.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments as defined in the Legislative Instruments Act 2003, which requires them to be disallowable under the Acts Interpretation Act 1901 (subsection 39.001(5)).
The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure airworthiness, as stipulated under Annex 8 of the Convention on International Civil Aviation. This information is typically disseminated via ADs, which are commonly issued by ICAO Contracting States. The State of Registry, in this case CASA for Australia, is responsible for ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if deemed appropriate, issue an Australian AD to enforce the requirements.
In the specific case of the Twin Aero Commander 680E and 720 model aircraft, CASA had previously issued AD/AC/14. Following assessment, CASA has cancelled Australian AD/AC/14, effective from 31 July 2008. This cancellation was due to the unsafe condition no longer existing, and no replacement AD is required. As the cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, there was no need for public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Act 1988, any breach of ADs can lead to significant consequences. For example, operating an aircraft that does not comply with an AD can result in civil penalties, including fines and potential disqualification from flying. In more severe cases, non-compliance can lead to criminal charges, where the penalties may include imprisonment. The specific penalties depend on the severity of the breach and are determined by the relevant aviation authorities, with maximum penalties as outlined in the regulations and relevant legislative provisions.