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/20 affecting all S2R-T65, -T34, -T15, -T11 and -R1820 models of Ayres Thrush (SNOW) commander series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/AC-SNOW/20. 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 was enacted to regulate the safety aspects of civil aviation in Australia, ensuring the safe operation of aircraft and protection of persons in or on aircraft. The Act provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue regulations, including airworthiness directives, to maintain and enhance air safety. In accordance with international standards set by the Convention on International Civil Aviation, the Act mandates CASA to assess and issue necessary directives to ensure the continuing airworthiness of aircraft registered in Australia. This regulatory action is taken to uphold the safety standards and obligations under international conventions, thereby addressing gaps in maintaining consistent safety protocols for aircraft operations within Australian airspace. The Act empowers CASA, as Australia's national airworthiness authority, to issue, amend, or cancel airworthiness directives to meet these obligations.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft types registered in Australia and aim to ensure the safety of air navigation. CASA, as Australia's national airworthiness authority, is responsible for assessing international ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to enforce these requirements. This process ensures that all aircraft registered in Australia meet international safety standards. The ADs are legislative instruments under Australian law and are crucial for maintaining the continuing airworthiness of aircraft. In the case of the Ayres Thrush (SNOW) commander series aeroplanes, CASA issued and subsequently cancelled Australian AD/AC-SNOW/20 due to the resolution of the unsafe condition, reflecting Australia’s commitment to international civil aviation standards. The cancellation of this AD was executed without public consultation, as it was deemed unnecessary under the Convention on International Civil Aviation, and no Regulatory Impact Statement was required by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are key pieces of legislation governing aviation safety in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation, which allows for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This means that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to maintain their airworthiness. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore are legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry, which are the countries where the individual aircraft are registered. In Australia, CASA, as the national airworthiness authority, must assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that the safety standards for aircraft types used in Australia meet the required international standards.
The obligations imposed by these regulations primarily rest on CASA, which must carefully assess the information provided by the State of Design and determine whether an Australian AD is necessary. When CASA issues an Australian AD, it must clearly communicate the requirements and any necessary actions to the aircraft owners, operators, and other relevant parties to ensure compliance. Failure to comply with an AD can lead to serious safety risks and potential legal consequences.
In terms of legal consequences, non-compliance with ADs can result in civil or criminal penalties. While the specific penalties are not detailed in the provided text, non-compliance with aviation regulations generally can lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges in cases of gross negligence or willful disregard for safety regulations. The maximum penalties for these offences would be determined by the relevant legislation and the severity of the non-compliance.