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/57 affecting Twin Aero Commander 690 and 690A aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/57. 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, 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 regulate civil aviation within Australia, ensuring safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established to provide detailed rules and requirements for civil aviation safety, including the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. The ADs are legislative instruments that mandate actions to maintain or restore airworthiness, aligning with international standards set by the Convention on International Civil Aviation. The cancellation of Australian AD/AC/57 for Twin Aero Commander 690 and 690A aircraft models is a direct consequence of Australia's adherence to its international obligations, indicating that the unsafe condition previously addressed by the directive no longer exists. This cancellation process was carried out by CASA without public consultation and did not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation reflects CASA's commitment to maintaining high safety standards in line with global aviation norms.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. This legislation applies to all aircraft registered in Australia and to any aeronautical products or aircraft types designed and manufactured within or outside Australia but registered in Australia. CASA, as Australia's national airworthiness authority, is responsible for assessing and, if necessary, issuing ADs in response to airworthiness concerns identified by the State of Design or other regulatory bodies. The issuance of ADs is a legislative instrument under the Legislative Instruments Act 2003, and they are considered disallowable instruments under the Acts Interpretation Act 1901. The ADs must align with the obligations and standards set by the International Civil Aviation Organization (ICAO) Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for continuing airworthiness. The geographic reach of these regulations is national, with specific application to aircraft and aeronautical products within Australia, ensuring compliance with both domestic and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are intended to maintain the continuing airworthiness of aircraft, ensuring they meet safety standards. It is important to note that these ADs are legislative instruments and are disallowable under the Acts Interpretation Act 1901. The State of Design, which is the country responsible for designing the aircraft, has the overarching responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, Australia, is responsible for ensuring the continuing airworthiness of individual aircraft.
Entities governed by these regulations are required to comply with the ADs issued by CASA. When an AD is issued by the State of Design, CASA must assess the information provided and determine if an Australian AD is necessary. If it is, CASA issues the AD to mandate the requirements outlined by the State of Design. The AD/AC/57, which affected Twin Aero Commander 690 and 690A aircraft models, was previously issued by CASA but has now been cancelled due to the unsafe condition no longer existing. This cancellation will be effective as of 31 July 2008, and no replacement AD is required.
Failure to comply with the ADs may result in various consequences. Under the Civil Aviation Act 1988, any violations of the ADs could be considered an offence, leading to potential civil or criminal penalties. While specific penalties are not detailed in the provided text, they typically include fines or imprisonment, depending on the severity of the breach and the specific regulations violated. CASA has the authority to enforce these ADs, and non-compliance can result in serious repercussions for both individuals and entities involved in the aviation industry.