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/54 affecting Twin Aero Commander 690 and 690A aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/54. 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 framework for ensuring the safety of civil aviation in Australia, and was created by the Commonwealth Parliament. It empowers the Governor-General to make regulations in the interests of the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborate on the process for issuing ADs, which serve as the primary means of continuing airworthiness information as per Annex 8 of the Convention on International Civil Aviation. The ADs are issued by the State of Design and must be assessed and, if appropriate, adopted by the State of Registry, in this case CASA for Australian registered aircraft. The Civil Aviation Act 1988 allows CASA to cancel an AD if the unsafe condition no longer exists, as was the case with AD/AC/54 concerning Twin Aero Commander 690 and 690A aircraft models, which was cancelled on 31 July 2008.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are critical for maintaining the safety of air navigation and are in line with Australia's obligations under the Convention on International Civil Aviation. ADs are legislative instruments that can be issued to mandate requirements for the continuing airworthiness of aircraft registered in Australia, particularly when a State of Design issues such directives for aircraft models registered in Australia. The State of Registry, in this case CASA, is responsible for ensuring that these directives are implemented appropriately within Australia. The cancellation of an AD, such as AD/AC/54 for Twin Aero Commander 690 and 690A aircraft models, reflects the cessation of unsafe conditions identified in the original directive. The process of issuing or cancelling ADs is governed by stringent international standards and domestic regulations, ensuring that the safety of air navigation remains a top priority.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments under section 6 of the Legislative Instruments Act 2003 and are essential for ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. This responsibility rests with the State of Design, which must provide necessary information to the States of Registry. In Australia, CASA acts as the national airworthiness authority and is tasked with assessing information from the State of Design and issuing Australian ADs as needed.
These ADs impose specific obligations on aircraft owners and operators, requiring them to comply with the safety mandates set forth in these directives. This includes ensuring that any identified safety issues are addressed promptly and that the aircraft remains airworthy according to the stipulated requirements. Non-compliance with an AD can lead to serious safety risks and may result in penalties. The authority to issue these directives and the compliance requirements are underpinned by the Civil Aviation Act 1988 (section 98), which empowers the Governor-General to make regulations in the interests of safety.
Violating the provisions of an AD can lead to severe consequences. Under the Civil Aviation Act 1988, such breaches can result in both civil and criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties can be imposed. The maximum fines for corporations can be substantial, reflecting the gravity of compromising aviation safety. These measures are designed to ensure strict adherence to safety regulations and to deter non-compliance, thereby protecting public safety in aviation.