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/19 affecting all Twin Aero Commander aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/19. 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, Systems and New Technologies, 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 regulate civil aviation in Australia and ensure the safety and efficiency of air navigation. In line with this, the Civil Aviation (Airworthiness) Regulations 1998 were established to provide detailed requirements for the maintenance of airworthiness standards. A significant component of these regulations is the issuance of airworthiness directives (ADs), which are mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments and are issued by the Civil Aviation Safety Authority (CASA) to address safety concerns related to specific types of aircraft or aeronautical products. The authority to issue these ADs is derived from section 98 of the Civil Aviation Act 1988 and serves to ensure compliance with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. CASA's role includes the assessment and potential cancellation of ADs, as demonstrated by the recent cancellation of AD/AC/19 for Twin Aero Commander aircraft models, which will take effect on 31 July 2008, due to the resolution of the associated safety issues.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are binding for specified kinds of aircraft or aeronautical products. The application of these directives extends to ensuring the continuing airworthiness of aircraft types registered in Australia, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. This regulatory framework applies to entities such as aircraft manufacturers, operators, and maintenance providers, and encompasses all conduct and transactions related to the maintenance and operation of affected aircraft. Geographically, the reach of this legislation is national, with CASA acting as Australia’s primary authority responsible for enforcing airworthiness standards. Although the ADs are legislative instruments that can be disallowed, no public consultation is mandated for their issuance or cancellation, and they do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. Furthermore, the application of these regulations may be extended or refined through subordinate instruments, facilitating adaptability and precision in addressing safety concerns.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to make regulations for the Act, aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory framework is designed to ensure the ongoing safety and airworthiness of aircraft in operation.
Airworthiness directives are legislative instruments, as stipulated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and they are crucial for maintaining the airworthiness of aircraft. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, is then required to ensure the continuing airworthiness of individual aircraft by developing or adopting necessary requirements.
CASA, acting as Australia’s national airworthiness authority, is tasked with assessing information provided by the State of Design when an AD is issued. If deemed necessary, CASA issues an Australian AD to enforce the requirements of the State of Design. For instance, CASA has issued and subsequently cancelled Australian AD/AC/19 concerning all Twin Aero Commander aircraft models, effective from 31 July 2008. The cancellation of this AD was due to Australia’s obligations under the Convention on International Civil Aviation, which means that no unsafe condition now exists.
In terms of compliance, entities governed by these regulations must adhere to the requirements set forth in ADs. Failure to comply with an AD can result in serious safety risks, and while specific offences and penalties are not detailed in the text, breaches of airworthiness regulations can lead to significant civil or criminal consequences. The process for issuing and cancelling ADs, as exemplified by the cancellation of AD/AC/19, is managed by CASA, reflecting its role in maintaining safety standards in accordance with international obligations.