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/81 Amendment 1 affecting Twin Aero Commander 500, 500A, 500B, 500S, 500U, 520, 560, 560A, 560E, 560F, 680, 680E, 680F, 680F(P), 680FL, 680FL(P), 680T, 680V, 680W, 681, 685, 690, 690A, 690C, 690D, 695 and 695A aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/AC/81 Amendment 1. The cancellation will become effective on 28 August 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 Commonwealth Parliament, serves to regulate civil aviation activities within Australia and aims to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced, and regulation 39.001 provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for certain aircraft and aeronautical products. These directives are legislative instruments that address safety issues and are crucial in maintaining the continuing airworthiness of aircraft. The Act and its regulations are designed to align with international standards, particularly those set out in Annex 8 of the Convention on International Civil Aviation, which assigns responsibility for airworthiness to the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, must ensure compliance with international obligations by assessing and potentially issuing Australian ADs in response to directives from the State of Design. The AD/AC/81 Amendment 1 concerning various Twin Aero Commander aircraft models has been cancelled by CASA, effective from 28 August 2008, as the unsafe condition it was addressing no longer exists, thereby fulfilling Australia’s international obligations without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, outlines the regulatory framework within which the Civil Aviation Safety Authority (CASA) operates to ensure the safety of air navigation in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations, including those pertaining to the issuance of airworthiness directives (ADs) by CASA for particular types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and serve as crucial tools in maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Registry in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding Australian ADs where necessary. The ADs issued by CASA can be specific to various aircraft models, such as the Twin Aero Commander series, and their issuance or cancellation is based on the ongoing evaluation of safety conditions. The issuance or cancellation of ADs, however, does not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The authority to issue or cancel such directives is exercised by CASA on behalf of the Commonwealth, ensuring that aviation safety standards are uniformly upheld across the national jurisdiction.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on parties include ensuring that the State of Design, which is the country responsible for the design of an aircraft type, provides necessary information to maintain the aircraft’s airworthiness. The State of Registry, which is the country where an aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its registry. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs could result in severe consequences. Civil Aviation Regulations, such as regulation 39.010, stipulate that it is an offence to operate an aircraft that does not meet the requirements of an applicable AD. The maximum penalty for such an offence is 500 penalty units, which equates to approximately AUD 76,000 as of the latest updates. Additionally, CASA has the authority to take enforcement actions, including grounding aircraft that do not comply with airworthiness requirements.
The Civil Aviation Safety Authority has cancelled Australian AD/AC/81 Amendment 1, which affected various Twin Aero Commander aircraft models. This cancellation is effective from 28 August 2008, and no replacement AD is required as the unsafe condition has been resolved. As this cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, no public consultation was conducted. Moreover, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.