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-SNOW/16 Amendment 1 affecting S-2D and S-2R models of Ayres Thrush (SNOW) commander series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-SNOW/16 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 Australian Parliament, addresses the need for regulations that ensure the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations, including the issuance of airworthiness directives, to maintain safety standards. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. These directives are crucial for ensuring the continuing airworthiness of aircraft and align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The process involves CASA assessing information provided by the State of Design and, if necessary, issuing corresponding Australian airworthiness directives. The enactment of this legislation and its subsequent regulations aims to uphold safety standards in alignment with both national and international obligations.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the framework for the regulation of civil aviation safety in Australia, with the overarching aim of ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are legislative instruments, serve as a critical mechanism for ensuring the continuing airworthiness of aircraft types registered in Australia. The ADs are issued in accordance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must then assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. The scope of these regulations applies to all aircraft types registered in Australia, as well as to entities involved in the design, manufacture, and maintenance of aircraft and aeronautical products. The geographic reach of these regulations is national, as they pertain to the safety of air navigation within Australia. However, the regulations also align with international standards to ensure harmonisation with global aviation safety practices.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under the obligations of the Civil Aviation Safety Regulations 1998, CASA must assess any airworthiness directives issued by the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type as stipulated in Annex 8 to the Convention on International Civil Aviation. If deemed necessary, CASA is required to issue Australian ADs to ensure the continuing airworthiness of aircraft on the Australian Register. This involves a thorough evaluation to ensure compliance with the safety standards set forth by international and domestic regulations.
Non-compliance with airworthiness directives can result in significant legal consequences. Civil aviation regulations may impose penalties for failure to adhere to ADs, which can include fines and potential grounding of aircraft. Criminal penalties may also apply if the non-compliance results in serious safety breaches, leading to prosecution under the Civil Aviation Act 1988. The exact penalties depend on the severity of the breach and the resultant impact on aviation safety.
In summary, the Civil Aviation Safety Regulations 1998 mandate CASA to issue and enforce airworthiness directives to maintain the safety standards of aircraft registered in Australia. The authority to issue these directives is grounded in international conventions and national legislation, and non-compliance can result in both civil and criminal penalties. This framework ensures that all aircraft operating within Australia meet the required safety standards, thereby protecting public safety in air navigation.