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/40 affecting Twin Aero Commander 680T, 680V and 680W aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/40. 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, 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, addressing the need for comprehensive safety measures in air navigation. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, with a significant emphasis on maintaining the airworthiness of aircraft. Under this Act, the Civil Aviation Safety Regulations 1998 were also established, providing a detailed regulatory structure, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address specific safety issues with aircraft types. The introduction of these regulations was driven by the need to align with international standards set by the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. This legislative framework ensures that Australia adheres to global safety standards and effectively manages the safety of its airspace.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, provide the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, which are designed to promote safety in air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the airworthiness of an aircraft type and requires them to provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs based on the directives from the State of Design. In the specific instance of the Twin Aero Commander 680T, 680V, and 680W aircraft models, CASA has cancelled the previously issued Australian AD/AC/40 due to the resolution of the unsafe conditions identified, thereby aligning with Australia's international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations for the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This is further clarified by subregulation 39.001(5), which states that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by these regulations are substantial. The State of Design, as defined by Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry. In Australia, CASA acts as the national airworthiness authority and is required to assess any ADs issued by States of Design and, if necessary, issue Australian ADs that mandate the requirements of the original State of Design. This ensures that all aircraft registered in Australia meet the continuing airworthiness standards.
Failure to comply with the ADs can lead to significant legal consequences. While the specific civil or criminal penalties are not detailed in the provided text, it is understood that non-compliance with ADs can lead to severe repercussions, potentially including fines or imprisonment. The regulations are designed to ensure that all aircraft maintain the highest safety standards, and therefore, adherence to ADs is critical.
The text also explains the process for cancelling an AD, as exemplified by the cancellation of AD/AC/40 affecting Twin Aero Commander 680T, 680V, and 680W aircraft models. CASA assessed the AD and determined that the unsafe condition no longer existed, leading to its cancellation effective from 31 July 2008. This action was in accordance with Australia's obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was required. The AD was cancelled by the Manager, Systems and New Technologies, Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, in line with subsection 84A(2) of the Act.