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/39 affecting Twin Aero Commander 560E, 680 and 680E aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/39. 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 comprehensive legislative framework for ensuring the safety and efficiency of civil aviation in Australia. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby promoting and maintaining high standards of airworthiness. This regulatory mechanism is vital for addressing any potential safety issues that might arise with aircraft and aeronautical products, ensuring they meet the required safety standards. The ADs serve as a crucial tool for CASA to mandate necessary safety measures, reflecting the broader policy objective of maintaining the highest levels of safety in Australia's civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, through its regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. As Australia's national airworthiness authority, CASA is mandated to ensure the continuing airworthiness of aircraft registered within Australia. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD. This ensures compliance with the Convention on International Civil Aviation and the responsibilities outlined in Annex 8. In the case of the Twin Aero Commander 560E, 680, and 680E aircraft models, CASA has cancelled the Australian AD/AC/39, effective from 31 July 2008, as the unsafe condition addressed by the directive no longer exists. This cancellation aligns with Australia's international obligations and does not require consultation with the Australian public or a Regulatory Impact Statement. The AD was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations for the Act, specifically for the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument, classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA has an obligation to issue airworthiness directives for aircraft types or aeronautical products identified as needing safety interventions. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the aircraft's safety. In turn, CASA must assess this information and, if deemed necessary, issue an Australian AD to mandate the requirements. This ensures that Australia adheres to international standards and obligations under the Convention on International Civil Aviation.
Failure to comply with airworthiness directives can result in severe consequences. The Civil Aviation Act 1988 imposes strict penalties for non-compliance with ADs. For example, operating an aircraft that does not meet the requirements of an AD can lead to civil penalties, including fines and potential prosecution. Additionally, CASA has the authority to take enforcement actions such as grounding aircraft, imposing operational restrictions, or taking more severe measures if safety is at risk.
The Civil Aviation Safety Regulations 1998 also outline the process for issuing, amending, or cancelling ADs. CASA must follow a thorough assessment process to ensure that any AD issued is necessary and effective. In the case of AD/AC/39, which affected Twin Aero Commander 560E, 680, and 680E aircraft models, CASA determined that the unsafe condition had been resolved, leading to the cancellation of the AD effective from 31 July 2008. This cancellation was made in accordance with the obligations under the Convention on International Civil Aviation, and no public consultation was required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for necessary safety measures.