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/65 affecting Twin Aero Commander 685,690,690A and 690B aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/65. 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, enacted by the Parliament of Australia, was introduced to address the need for stringent regulations in the domain of civil aviation, ensuring safety and compliance with international standards. The Act empowers the Governor-General to make regulations for the Act’s purposes, particularly concerning the safety of air navigation. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs are legislative instruments, subject to disallowance and regulation under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The policy objective underpinning these regulations is to align with the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design and Registry uphold the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products, with such directives being considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. This legislative process ensures that ADs, which are a form of continuing airworthiness information, are issued in line with international standards, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the individual aircraft's continuing airworthiness. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and issue an Australian AD if necessary. In this case, CASA has cancelled Australian AD/AC/65 for Twin Aero Commander 685,690,690A and 690B aircraft models effective from 31 July 2008, as the unsafe condition no longer exists, without the need for a replacement AD. This action aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations for the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Importantly, these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA is mandated to issue ADs that ensure the continuing airworthiness of aircraft registered in Australia. This responsibility stems from Annex 8 of the Convention on International Civil Aviation, which places the burden on the State of Design to provide necessary information for the continuing airworthiness of an aircraft type. The State of Registry, in this case, CASA, must assess this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. For example, CASA issued AD/AC/65 concerning Twin Aero Commander 685,690,690A, and 690B aircraft models, which has since been cancelled due to the resolution of the unsafe condition.
The obligations imposed on CASA and other relevant parties include ensuring the continuous airworthiness of all aircraft registered in Australia. This involves rigorous assessment and, if necessary, issuing ADs that reflect international standards and safety requirements. Additionally, CASA must ensure that any ADs issued are aligned with Australia's commitments under international conventions and agreements, such as the Convention on International Civil Aviation.
In terms of consequences for non-compliance, although the Civil Aviation Safety Regulations 1998 do not specify detailed penalties for breaches, failure to adhere to ADs could lead to severe safety risks and potential legal ramifications. Such breaches could result in aircraft being grounded, pilots facing suspension or revocation of licenses, and manufacturers or operators facing fines, penalties, or other legal actions under the broader framework of aviation safety laws. While the exact penalties may vary, the overarching goal is to maintain the highest standards of aviation safety to protect all stakeholders involved.