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/73 affecting Twin Aero Commander 690, 690A and 690B aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/73. 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 is a pivotal piece of legislation designed to regulate civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Enacted by the Commonwealth Parliament, the Act provides a framework within which the Civil Aviation Safety Authority (CASA) can implement regulations and directives to maintain high safety standards in civil aviation. One critical regulation under this Act is the Civil Aviation Safety Regulations 1998, which empower CASA to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs are essential tools for ensuring the continuing airworthiness of aircraft, aligning with Australia’s commitments under the Convention on International Civil Aviation. The ADs serve to address safety concerns and ensure compliance with international standards, thereby safeguarding the interests of the public and maintaining the integrity of Australia's aviation safety regime.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, under section 98 of the Act and regulation 39.001 of the Regulations, CASA has the authority to issue ADs for specific kinds of aircraft or aeronautical products, which are legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These ADs serve as crucial tools for ensuring the continuing airworthiness of aircraft, a responsibility primarily held by the State of Registry, in line with Annex 8 to the Convention on International Civil Aviation. In the case of aircraft on the Australian Register, CASA must assess and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. The AD in question, affecting Twin Aero Commander 690, 690A, and 690B aircraft models, has been cancelled by CASA, effective 31 July 2008, due to the unsafe condition no longer existing. This action adheres to Australia’s obligations under the Convention, and as such, did not require public consultation or a Regulatory Impact Statement. The cancellation was authorised by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch of CASA, in line with the requirements of the Act.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. These directives serve as legal instruments (subsection 39.001(5)) and are issued to mandate the requirements necessary for the continuing airworthiness of specific types of aircraft. The State of Design, which is responsible for the overall airworthiness of an aircraft type, provides the necessary information to support the ADs. When such directives are issued, CASA, as the national airworthiness authority, is tasked with assessing this information and, if deemed necessary, issuing corresponding Australian ADs.
These airworthiness directives impose several obligations on the parties involved. For example, the State of Design is obligated to provide comprehensive information to ensure the continuing airworthiness of aircraft types. The State of Registry must then develop or adopt the necessary requirements to ensure that the aircraft under its registry remain airworthy. In the context of Australia, CASA must assess the information from the State of Design and, if appropriate, issue an Australian AD to enforce the necessary requirements. Additionally, operators and owners of affected aircraft must comply with these ADs by implementing the specified actions within the given timeframes.
Failure to comply with an airworthiness directive can result in various civil and criminal consequences. While the specific penalties are not detailed in the provided text, non-compliance can generally lead to enforcement actions by CASA. These may include fines, suspension or revocation of airworthiness certificates, and potentially criminal charges for serious violations. The severity of the penalties often depends on the nature and extent of the non-compliance and the associated risks to aviation safety. CASA is empowered to take these actions to ensure that all aircraft meet the required safety standards.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework through which CASA can issue airworthiness directives to maintain the safety of aircraft in Australia. These directives impose specific obligations on the States of Design and Registry, as well as on aircraft operators and owners. Non-compliance with these directives can lead to serious civil and criminal penalties, reinforcing the importance of adhering to the mandated safety requirements.