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/38 affecting Twin Aero Commander 680FL, 680FL(P), 680T and 680Vaircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/38. 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, ensuring safety and efficiency in the sector. Section 98 of this Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it is under this authority that the Civil Aviation Safety Regulations 1998 were established. The regulations, including the issuance of airworthiness directives, are designed to maintain the highest standards of safety and airworthiness of aircraft operating within Australian airspace. The Civil Aviation Safety Authority (CASA) issues these directives, which are critical in addressing specific safety concerns related to aircraft types or aeronautical products. The purpose of these regulations is to align with international standards, particularly those set by the Convention on International Civil Aviation, and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as crucial continuing airworthiness information, aligning with obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry collaborate to maintain aircraft safety. In the specific case of Twin Aero Commander 680FL, 680FL(P), 680T, and 680V aircraft models, CASA has cancelled AD/AC/38 as the unsafe condition no longer exists, reflecting Australia's adherence to international standards and obligations. This cancellation process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch of CASA, pursuant to subsection 84A(2) of the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the authority and procedures for issuing airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the power to create regulations for the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These regulations are designed to ensure the safety and continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and Regulations on the parties and entities they govern include ensuring that the State of Design provides necessary information for the continuing airworthiness of an aircraft type. This responsibility extends to ensuring that the State of Registry develops or adopts requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD against an aircraft type registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. CASA, as Australia's national airworthiness authority, has the critical role of evaluating and implementing these directives to ensure compliance with safety standards.
In terms of offences, penalties, or consequences for breaches, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific penalties for non-compliance with ADs within the provided text. However, the issuance and enforcement of ADs are pivotal to maintaining safety standards in air navigation. Non-compliance with these directives could potentially lead to serious safety risks, and CASA may take enforcement actions under its regulatory powers. The Act and Regulations impose a duty on aircraft owners, operators, and other relevant parties to adhere to ADs to ensure the safety of air navigation, and failure to do so could result in regulatory actions, including fines or other civil or criminal penalties as prescribed by relevant aviation laws.