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/74 Amendment 2 affecting Twin Aero Commander 690A, 690B, 690C and 695 aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/74 Amendment 2. 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 Australian Parliament, governs the regulation of civil aviation within Australia. This Act was introduced to ensure the safety of air navigation and provide a framework for the oversight of aviation activities. Under the Act, the Civil Aviation Safety Regulations 1998 were established to further detail the requirements for airworthiness and safety. The issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) is governed by regulation 39.001 of these regulations, which empowers CASA to mandate specific safety measures for aircraft or aeronautical products. This legislative instrument is intended to maintain the safety standards required under international conventions such as Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the States of Design and Registry for the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are typically issued in response to safety concerns identified by the State of Design or Registry, as mandated under Annex 8 to the Convention on International Civil Aviation. CASA must assess international ADs and, if appropriate, issue corresponding Australian ADs. In this particular case, CASA cancelled Australian AD/AC/74 Amendment 2 for Twin Aero Commander 690A, 690B, 690C, and 695 aircraft models, as the unsafe condition identified in the directive no longer exists. The cancellation was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch, on behalf of CASA, under subsection 84A(2) of the Act. This action aligns with Australia's obligations under international aviation conventions, and no public consultation or Regulatory Impact Statement was required for this AD cancellation.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) of these regulations makes an AD a disallowable instrument under the Acts Interpretation Act 1901, and it is classified as a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003. These directives are vital for ensuring the continuing airworthiness of aircraft and are issued by most ICAO Contracting States. Annex 8 to the Convention on International Civil Aviation mandates that the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for implementing the requirements to maintain the airworthiness of individual aircraft.
Under these provisions, CASA, as Australia’s national airworthiness authority, is required to assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements. This ensures that the aircraft meet safety standards as stipulated by the Convention on International Civil Aviation. For instance, CASA issued AD/AC/74 Amendment 2 concerning Twin Aero Commander 690A, 690B, 690C, and 695 aircraft models. After a thorough assessment, CASA cancelled this AD, effective from 31 July 2008, as the unsafe condition no longer existed. As a result, no replacement AD was necessary.
There are specific obligations and requirements imposed by these regulations on CASA and other entities involved. CASA must ensure that any AD issued complies with international standards and is in the interest of safety. The State of Design must provide comprehensive information to the State of Registry, which must then implement necessary measures to ensure the aircraft’s continuing airworthiness. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, which streamlines the process for issuing these directives. The AD was 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.
Failure to comply with these airworthiness directives can result in serious consequences. While specific offences and penalties are not detailed in the provided text, it is implied that non-compliance with ADs could lead to safety risks, potentially resulting in civil or criminal liability for CASA or other involved parties. The seriousness of the consequences highlights the critical importance of adhering to these directives to maintain the safety standards required by international conventions and Australian legislation.