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 60/10 affecting Aermacchi- Lockheed AL 60 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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, Airframes 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 the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in the Civil Aviation Safety Regulations 1998. This legislative framework is intended to maintain and ensure the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers the Governor-General to make regulations for air safety, and regulation 39.001 specifically allows CASA to issue ADs for certain aircraft types or aeronautical products. The policy objective underpinning these provisions is to harmonise Australia's regulatory approach with international norms, ensuring that all aircraft within Australia meet internationally recognised safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, enable the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of aircraft types and aeronautical products in Australia. These ADs, which are legislative instruments, apply to aircraft and aeronautical products registered in Australia, thereby affecting both aircraft operators and manufacturers who must comply with the mandated safety requirements. The ADs are issued to address safety issues identified by the State of Design or by CASA, and the State of Registry is responsible for enforcing these directives to ensure the continuing airworthiness of the aircraft. The scope of these regulations extends nationally, aligning with international standards set by the International Civil Aviation Organization (ICAO). Any exclusions or exemptions from these directives are typically detailed within the specific ADs themselves or through further regulatory clarifications. The ADs can be subject to review and amendment, as evidenced by CASA’s decision to cancel AD/AL 60/10 for Aermacchi-Lockheed AL 60 model aircraft, reflecting the dynamic nature of maintaining aviation safety standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, pertain to the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. Subregulation 39.001(5) further classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore as a legislative instrument under the Legislative Instruments Act 2003. This legal framework ensures that ADs serve as a primary means of communicating continuing airworthiness information, a responsibility that falls on the State of Design, which must provide necessary information to States of Registry.
The obligations imposed by the Act and Regulations on parties such as CASA, aircraft manufacturers, and operators are significant. The State of Design must ensure the continuing airworthiness of an aircraft type and communicate any necessary information to States of Registry, including Australia. CASA, as the national airworthiness authority, is mandated to assess the information provided by the State of Design and issue corresponding ADs to enforce these requirements. The State of Registry, in this case Australia, must then develop or adopt the necessary regulations to ensure that the aircraft remain airworthy. This collaborative approach ensures that safety standards are consistently applied and maintained across the industry.
Failure to comply with ADs can result in serious consequences. The Act and Regulations do not explicitly outline the specific penalties for non-compliance with ADs, but non-compliance with airworthiness regulations can lead to severe civil and criminal penalties. These may include fines, suspension or revocation of aircraft certificates, and potential criminal charges for individuals responsible for the non-compliance. The severity of the penalties underscores the importance of adhering to ADs to maintain the highest standards of aviation safety.