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/BEECH 95/46 affecting Beechcraft D95A model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 95/6. The cancellation will become effective on 31 July 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, Systems and New Technologies, 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 comprehensive framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations under section 98 to serve the interests of air navigation safety. In alignment with these objectives, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Such directives are considered legislative instruments, as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The problem or gap that this legislation addresses is ensuring the continuing airworthiness of aircraft by mandating specific safety measures as determined by CASA. The issuing of ADs is a direct response to international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility of continuing airworthiness on the State of Design and requires the State of Registry to implement necessary measures to maintain airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This legislative framework ensures the ongoing safety and airworthiness of aircraft registered in Australia. These ADs are issued in compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must implement measures to ensure that individual aircraft meet airworthiness standards. CASA, as Australia’s national airworthiness authority, is obligated to assess any ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs. The issuance and subsequent cancellation of ADs, such as AD/BEECH 95/46 and its cancellation, reflect Australia’s commitment to international civil aviation standards and the dynamic nature of ensuring aviation safety. Importantly, ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The process of issuing and cancelling these directives is conducted without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that serve the Act's purpose and promote air navigation safety. Section 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is defined as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). These directives are essential tools for ensuring the continuing airworthiness of aircraft types and are issued by most ICAO Contracting States in line with Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the accompanying regulations are multifaceted. The State of Design, which is the country where the aircraft type is designed, has the overarching responsibility for the continuing airworthiness of the aircraft type. This entails providing all necessary information to the States of Registry to ensure the safe operation of the aircraft. Conversely, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the requirements outlined in an airworthiness directive can lead to serious legal consequences. Non-compliance with ADs is considered an offence under the Civil Aviation Act 1988. The maximum penalty for an individual contravening an AD can be substantial, with fines reaching up to 20,000 penalty units (as per section 14 of the Act) and, in the case of corporations, fines can be even higher, potentially amounting to 100,000 penalty units. Such penalties underscore the critical importance of adhering to ADs to maintain the highest standards of aviation safety.
In conclusion, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for ensuring the safety of air navigation through the issuance and enforcement of airworthiness directives. The responsibilities of the States of Design and Registry are clearly defined, with CASA playing a pivotal role in ensuring compliance with these directives within Australia. The potential legal consequences for non-compliance serve as a deterrent, ensuring that all stakeholders prioritise the safety and airworthiness of aircraft.