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.
CASA issued AD/AL 250/47 affecting Allison 250 turbine engines in 1981. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to address the need for a comprehensive framework governing civil aviation in Australia, ensuring safety, efficiency, and economic viability in the aviation industry. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative mechanism was established to maintain the continuing airworthiness of aircraft, in line with international standards set forth by the International Civil Aviation Organization (ICAO). The objective of the ADs is to ensure that aircraft meet safety standards and continue to be airworthy throughout their operational life. The ADs are legislative instruments and are subject to disallowance provisions under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The AD/AL 250/47, which was originally issued in 1981 and pertains to Allison 250 turbine engines, has been cancelled by CASA, effective from 24 September 2009, as the unsafe condition it was addressing no longer exists.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products within Australia. This Act applies to all aircraft and aeronautical products registered in Australia, as well as any entities involved in the design, manufacture, and maintenance of these products. The geographic reach of this legislation is national, as CASA acts as the central authority for airworthiness under the Act. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue ADs for specific kinds of aircraft or aeronautical products, with these directives being legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act ensures that the State of Registry, which in Australia is CASA, is responsible for the continuing airworthiness of individual aircraft, mandating compliance with ADs issued by the State of Design or CASA itself. This ensures adherence to international standards as outlined in Annex 8 to the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on parties and entities include adherence to the ADs issued by CASA. Specifically, the State of Design must ensure the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry. The State of Registry is responsible for maintaining the airworthiness of individual aircraft and must implement measures to comply with ADs. CASA, as Australia's national airworthiness authority, has the duty to assess information from the State of Design and issue corresponding Australian ADs when necessary. This ensures that all relevant parties are aware of and comply with the safety requirements dictated by these regulations.
Failure to comply with ADs can lead to significant legal and operational consequences. While the specific offences, penalties, and consequences for breach are not detailed in the provided text, it is well-established under aviation law that non-compliance can result in severe penalties. These may include fines, suspension or revocation of airworthiness certificates, and potential criminal charges depending on the severity of the breach. The exact penalties would typically be outlined in the Civil Aviation Act 1988 or in other related legislation, but they are designed to ensure stringent adherence to safety standards and maintain the integrity of the aviation regulatory framework.