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/2 affecting all S-2C and S-2D models of Ayres Thrush (SNOW) commander series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-SNOW/2. 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 Parliament of Australia, aims to ensure the safety of air navigation by providing a legal framework for the regulation of civil aviation within Australia. This Act empowers the Governor-General to issue regulations that serve the interests of aviation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as legislative instruments, are designed to maintain the continuing airworthiness of aircraft, ensuring they meet necessary safety standards. The ADs are integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly those related to the State of Design's responsibility for the continuing airworthiness of an aircraft type and the State of Registry's duty to implement and enforce these standards. Consequently, CASA has the authority to cancel or issue ADs based on assessments of safety requirements, as demonstrated in the cancellation of the Australian AD/AC-SNOW/2 for the Ayres Thrush (SNOW) commander series aeroplanes, reflecting a commitment to addressing aviation safety concerns.
Scope and Application
The Civil Aviation Safety Regulations 1998 apply to all persons and entities involved in the operation of aircraft within Australian territory, as well as to the aircraft themselves and any aeronautical products. The regulations are designed to ensure the safety of air navigation and the continuing airworthiness of aircraft. Under the Civil Aviation Act 1988, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific safety requirements and are issued in accordance with international standards set by the Convention on International Civil Aviation. The State of Design for an aircraft type has the primary responsibility for ensuring its continuing airworthiness, and the State of Registry must implement and enforce these requirements. The cancellation of an AD, such as AD/AC-SNOW/2 for certain models of the Ayres Thrush aeroplane, occurs when CASA determines that the unsafe condition no longer exists, and this action adheres to Australia's international obligations. The regulatory process does not require public consultation or a Regulatory Impact Statement, as ADs fall outside the scope of these requirements.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations, particularly concerning the safety of air navigation. Within this framework, 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. These ADs serve as a means to maintain and ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, ADs are categorised as disallowable instruments (subregulation 39.001(5)), which are legislative instruments according to the Legislative Instruments Act 2003. This means that while CASA has the authority to issue these directives, they are subject to certain procedural checks and balances to ensure compliance with legislative requirements. The State of Design, which is responsible for the aircraft type, must provide the necessary information to maintain airworthiness, and the State of Registry must ensure the aircraft’s continuing airworthiness. In Australia, CASA is tasked with assessing ADs issued by other States of Design and, if deemed necessary, issuing corresponding Australian ADs to mandate these requirements.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other entities include the duty to maintain the continuing airworthiness of aircraft registered in Australia. This involves assessing and implementing ADs issued by the State of Design, ensuring that any safety concerns are addressed through appropriate regulatory measures. For instance, CASA has issued and subsequently cancelled Australian AD/AC-SNOW/2 concerning the S-2C and S-2D models of the Ayres Thrush (SNOW) commander series aeroplanes, reflecting the cessation of an unsafe condition.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also include provisions for civil and criminal consequences in the event of non-compliance with airworthiness directives. While the specific penalties are not detailed in the provided text, breaches of airworthiness regulations can generally result in significant civil penalties, enforcement actions, and potential criminal charges for individuals or entities found to be in violation of safety directives. The precise penalties would be determined based on the severity of the breach and the specific regulatory provisions applicable in each case.