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/22 affecting all S2R models of Ayres Thrush (SNOW) commander series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian
AD/AC-SNOW/22. 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, governs the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The ADs are legislative instruments that align with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design of an aircraft type is responsible for its continuing airworthiness, with the State of Registry ensuring compliance. CASA, as the national airworthiness authority, must respond to ADs issued by the State of Design, assessing their necessity and issuing corresponding directives as required by Australian regulations. The process of issuing or cancelling ADs is conducted by CASA in accordance with the legislative framework, ensuring compliance with international obligations while maintaining national safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as amended, govern the issuance of airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure compliance with safety standards. Such ADs are considered legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuing of ADs is a critical function of CASA, mandated by both national and international aviation regulations, including Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for ensuring the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, ensures that ADs are appropriately assessed and, if necessary, adopted and enforced within Australia. The process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are typically issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Branch of CASA, in accordance with the relevant legislative provisions.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. This foundational provision allows for the creation of rules and guidelines that ensure the safe operation of aircraft within Australian airspace. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to maintaining the safety and airworthiness of aircraft.
Under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are classified as disallowable instruments, as per section 46A of the Acts Interpretation Act 1901. This classification, along with the requirements of the Legislative Instruments Act 2003, confirms that ADs are legislative instruments. The obligations placed on CASA under this regulatory framework include assessing and, when necessary, issuing ADs to ensure that all aircraft meet the required safety standards. The State of Design, responsible for the overall airworthiness of an aircraft type, must provide necessary information to States of Registry to maintain the continuing airworthiness of aircraft. The State of Registry, in turn, is tasked with ensuring that the aircraft within its jurisdiction adhere to the necessary safety requirements.
Failure to comply with ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, operators who do not adhere to ADs may face civil penalties, including fines and potential prosecution. The specific penalties are outlined in the Civil Aviation Regulations 1988, with maximum fines and potential imprisonment for serious breaches. These stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation. Additionally, CASA has the authority to take enforcement actions, including grounding aircraft that do not comply with ADs, to prevent any potential safety risks.