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/28 affecting all Twin Aero Commander aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/28. 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, focusing primarily on ensuring the safety and efficiency of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in the Civil Aviation Safety Regulations 1998. The ADs are crucial for maintaining the continuing airworthiness of aircraft, and their issuance aligns with international standards set forth in Annex 8 to the Convention on International Civil Aviation. Given the critical nature of these directives, they are considered legislative instruments under the Legislative Instruments Act 2003. Recently, CASA cancelled Australian AD/AC/28 affecting Twin Aero Commander aircraft models, reflecting the resolution of the previously identified unsafe condition and Australia's commitment to international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework is essential for ensuring the safety of air navigation and aligns with the overarching principles of the Civil Aviation Act 1988. These ADs serve as binding instruments, falling under the classification of disallowable instruments as stipulated in section 46A of the Acts Interpretation Act 1901 and subsequently acknowledged as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs mandate compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, ensures that the requirements of any State of Design are appropriately assessed and, if necessary, translated into Australian ADs. In the specific instance of Twin Aero Commander aircraft models, CASA issued and subsequently cancelled Australian AD/AC/28, effective from 31 July 2008, due to the resolution of the unsafe condition identified. This cancellation was made in accordance with Australia’s international obligations and did not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The primary operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft types as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to appropriate States of Registry, and CASA, as Australia's national airworthiness authority, must assess this information and issue corresponding Australian ADs if necessary.
The obligations imposed by these provisions primarily fall on CASA and the State of Registry. CASA must evaluate ADs issued by the State of Design and determine whether to issue corresponding Australian ADs, ensuring that they mandate the requirements necessary to maintain the continuing airworthiness of aircraft registered in Australia. The State of Registry, on the other hand, is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft. This includes adhering to ADs issued by CASA, which are based on the evaluations of ADs from the State of Design.
In terms of compliance and enforcement, breaches of ADs can result in significant legal consequences. ADs are enforceable under the Civil Aviation Act 1988, and failure to comply with an AD can lead to civil or criminal penalties. While the exact penalties are not specified in the regulations, non-compliance with airworthiness directives can result in fines or imprisonment, depending on the severity of the breach. CASA has the authority to take enforcement actions against entities or individuals who do not comply with ADs, including the potential grounding of aircraft until the necessary actions are taken to rectify the non-compliance.
The cancellation of Australian AD/AC/28 for Twin Aero Commander aircraft models, effective from 31 July 2008, demonstrates the regulatory process in action. This cancellation was due to the unsafe condition no longer existing, and it underscores the dynamic nature of airworthiness directives in response to evolving safety concerns. No public consultation or Regulatory Impact Statement was required for this cancellation, as determined by the Office of Best Practice Regulation, reflecting the specific nature of ADs as legislative instruments. 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.