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/4 affecting 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/4. 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 provide a legislative framework for civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, specifically under section 98, to safeguard air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The objective of ADs is to ensure that aircraft maintain their airworthiness, in alignment with international standards set by the Convention on International Civil Aviation, particularly through Annex 8. CASA, acting as Australia’s national airworthiness authority, has the responsibility to assess and potentially issue Australian ADs based on information from the State of Design. In this context, CASA issued and subsequently cancelled an AD for the S-2D models of Ayres Thrush aeroplanes, reflecting Australia's adherence to international obligations and the cessation of the unsafe condition that originally necessitated the directive.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, serving to enhance the safety of air navigation as per the Civil Aviation Act 1988. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are issued to ensure the continuing airworthiness of aircraft types and are aligned with the requirements outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, is tasked with assessing information provided by the State of Design and issuing Australian ADs as necessary to enforce the continuing airworthiness of aircraft registered in Australia. The AD/AC-SNOW/4, initially issued by CASA concerning S-2D models of Ayres Thrush aeroplanes, was subsequently cancelled on 28 August 2008, as the unsafe condition it addressed no longer existed, thereby negating the need for public consultation or a Regulatory Impact Statement. The cancellation was 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.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily rest with CASA as the national airworthiness authority. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must assess the AD and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. The State of Registry, which in Australia is CASA, is responsible for ensuring the continuing airworthiness of the aircraft. This includes developing or adopting requirements to maintain airworthiness, as mandated by Annex 8 to the Convention on International Civil Aviation.
In relation to the AD/AC-SNOW/4 affecting S-2D models of Ayres Thrush (SNOW) commander series aeroplanes, CASA assessed the AD issued by the State of Design and determined that the unsafe condition no longer existed. Consequently, CASA cancelled the Australian AD/AC-SNOW/4, effective 28 August 2008, and no replacement AD was required. As the cancellation was due to Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public was necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
Failure to comply with an AD or the regulations governing airworthiness can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance can lead to criminal or civil penalties. The specific penalties can vary depending on the nature and severity of the breach, but they may include substantial fines and imprisonment for individuals, as well as fines for corporations. Additionally, aircraft found to be non-compliant with ADs may be grounded, and operators may face restrictions on their operations. The precise penalties are outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and they are enforced by CASA to ensure the safety and compliance of aviation activities within Australia.