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/BAe 146/79 affecting British Aerospace BAe 146 series aeroplanes. As a result of a request for review by industry, this AD has been cancelled. The cancellation will become effective on 9 November 2009. No replacement AD is required as the requirements of this AD are contained in
AD/BAe 146/137 Amdt 1.
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, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for civil aviation in Australia, addressing the need for safe and efficient air navigation within the country. This legislation provides the basis for the regulation of civil aviation safety, including the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. The objective of these regulations is to ensure the safety of air navigation, in line with the broader policy goal of maintaining high standards of aviation safety and efficiency. The enactment of this Act by the Australian Parliament underscores the commitment to harmonise national aviation safety practices with international standards, particularly as outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 provides a comprehensive framework for civil aviation in Australia, with specific regulations governing airworthiness and safety. Under this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. ADs are legislative instruments that mandate safety measures, and they are a common form of continuing airworthiness information as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding AD for Australian-registered aircraft. An example of this process is seen in the issuance and subsequent cancellation of AD/BAe 146/79 for British Aerospace BAe 146 series aeroplanes, which was cancelled on 9 November 2009 without the need for a replacement AD, as the requirements were incorporated into AD/BAe 146/137 Amdt 1. This AD cancellation was made under the authority of the Civil Aviation Act 1988 by the Manager, Initial Airworthiness, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations necessary for the safety of air navigation. This legislative authority allows for the development of safety standards and requirements in the aviation industry. Regulation 39.001 of the Civil Aviation Safety Regulations 1998, in turn, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation ensures that any potential safety issues identified by the State of Design or State of Registry are communicated and acted upon effectively.
These airworthiness directives, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The primary responsibility for ensuring the continuing airworthiness of an aircraft type lies with the State of Design, which must provide all necessary information to the States of Registry. This coordination is crucial for maintaining safety standards globally, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this context, must adopt or develop its own requirements to ensure the airworthiness of the aircraft registered within its jurisdiction.
In practical terms, CASA, as Australia’s national airworthiness authority, must review any ADs issued by the State of Design that pertain to aircraft registered in Australia. If deemed appropriate, CASA may then issue an Australian AD to mandate the requirements of the State of Design for the Australian-registered aircraft. For instance, CASA issued AD/BAe 146/79 for British Aerospace BAe 146 series aeroplanes, which was subsequently cancelled following a review request from the industry. This cancellation took effect on 9 November 2009, with no replacement AD required as the necessary requirements were already covered by AD/BAe 146/137 Amdt 1.
The process of issuing and cancelling ADs is overseen by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, as per subsection 94(1) of the Act. It is important to note that no public consultation has taken place regarding the cancellation of this AD, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This streamlined approach ensures that safety measures can be implemented swiftly without unnecessary bureaucratic delays.