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/60 affecting Twin Aero Commander 690 and 690A aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/60. 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 legal framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety, delegating specific responsibilities to the Civil Aviation Safety Authority (CASA). This legislative instrument, F2008L02582, addresses the need for issuing airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring the continuing airworthiness of aircraft on the Australian Register. In line with international obligations under the Convention on International Civil Aviation, CASA, as the national airworthiness authority, must respond to ADs issued by the State of Design, ensuring that Australian airworthiness requirements are met. This particular legislative instrument, issued by CASA, pertains to the cancellation of Australian AD/AC/60 concerning Twin Aero Commander 690 and 690A aircraft models, effective from 31 July 2008, reflecting the resolution of an unsafe condition without the need for a replacement directive.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001, with these directives being considered disallowable instruments under the Acts Interpretation Act 1901. This legislative process ensures that ADs, which are legislative instruments, play a critical role in maintaining airworthiness and are in line with international standards set by ICAO Contracting States. The State of Design is responsible for the continuing airworthiness of an aircraft type, and Australia, as a State of Registry, must implement any relevant ADs issued by the State of Design. In the instance of Twin Aero Commander 690 and 690A aircraft models, CASA has assessed and subsequently cancelled an existing AD due to the resolution of the previously identified unsafe condition, effective from 31 July 2008, without the need for a replacement directive.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as defined by the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. It must provide all necessary information to the States of Registry to maintain airworthiness. For Australia, CASA, as the national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that Australian-registered aircraft comply with international safety standards.
Breaching the requirements of an AD can lead to serious consequences. While specific offences, penalties, or civil and criminal consequences are not detailed in the provided text, it is clear that non-compliance with ADs can lead to safety issues. The Civil Aviation Act 1988 and associated regulations are designed to maintain high safety standards in air navigation, and failure to adhere to these can result in enforcement actions by CASA, potentially including fines, aircraft groundings, or other regulatory penalties. The text notes that the AD/AC/60 concerning Twin Aero Commander 690 and 690A aircraft models has been cancelled due to the unsafe condition no longer existing, highlighting the dynamic nature of airworthiness regulations and their enforcement.