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/8 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/8. 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 establish a comprehensive regulatory framework governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under section 98 of this Act, the Governor-General is empowered to make regulations in the interests of air navigation safety, delegating this responsibility to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborate on this by authorising CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. ADs are critical in maintaining the continuing airworthiness of aircraft, with CASA mandated to assess and, if necessary, issue Australian ADs based on information from the State of Design. The recent cancellation of AD/AC-SNOW/8 for S-2D models of Ayres Thrush aeroplanes, following the resolution of an unsafe condition, exemplifies CASA's commitment to safety and adherence to international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This legislative framework is designed to ensure the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. ADs are legislative instruments as defined under the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring the airworthiness of aircraft registered in Australia. The cancellation of AD/AC-SNOW/8, which previously affected S-2D models of Ayres Thrush (SNOW) commander series aeroplanes, reflects Australia's commitment to international civil aviation obligations and the cessation of the unsafe condition that prompted its issuance. The process of cancelling this AD did not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This action underscores the authority vested in CASA to respond to international safety directives and the efficient administration of civil aviation safety in Australia.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety and airworthiness of aircraft operating within Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation. One of these regulations, specifically regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
The obligations under the Act and the accompanying regulations require CASA, as Australia's national airworthiness authority, to assess any airworthiness directives issued by the State of Design and, if appropriate, issue corresponding Australian ADs. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. Furthermore, the State of Design has the responsibility to provide any necessary information to ensure the airworthiness of aircraft types, in line with Annex 8 to the Convention on International Civil Aviation.
Failure to comply with the requirements set out in an AD can lead to serious consequences. The Civil Aviation Safety Regulations 1998 do not explicitly state offences, penalties, or specific civil or criminal consequences for non-compliance with ADs. However, non-compliance with airworthiness directives can result in the grounding of an aircraft, which may lead to significant operational disruptions and potential safety risks. In more severe cases, regulatory action, fines, or even prosecution could follow if the non-compliance is deemed to have contributed to an aviation accident or incident. The specific penalties would depend on the nature and severity of the breach and would be determined by the relevant aviation safety regulator.