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/BN-2/18 affecting Pilatus Britten-Norman BN-2 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/BN-2/18. The cancellation will become effective on 18 December 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational legal framework for the regulation of civil aviation in Australia, with the overarching goal of ensuring the safety of air navigation. This Act provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, in order to address and mitigate risks related to the continuing airworthiness of aircraft and aeronautical products. The problem or gap addressed by this legislation is the need for a regulatory mechanism to ensure that aircraft meet the necessary safety standards throughout their operational lives. This is achieved by enabling CASA to issue ADs in response to identified safety concerns, thereby maintaining the highest standards of airworthiness and protecting the public from aviation-related hazards.
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 types of aircraft or aeronautical products. These directives are legislative instruments as per subregulation 39.001(5) and are essential for ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia. CASA, as the national airworthiness authority, is tasked with assessing this information and issuing Australian ADs as needed. The issuance and cancellation of such directives are critical in maintaining aviation safety standards and ensuring compliance with international obligations. AD/BN-2/18, issued for Pilatus Britten-Norman BN-2 model aeroplanes, has been cancelled by CASA on 18 December 2008, following an assessment that the unsafe condition no longer exists, thus no replacement AD is required.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, particularly in relation to airworthiness directives, are found in section 98 of the Act and regulation 39.001 of the Regulations. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This regulation also designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions necessitate that CASA, as the national airworthiness authority, assess information provided by the State of Design (the country where the aircraft was designed) and, if necessary, issue corresponding ADs to ensure the continuing airworthiness of aircraft in Australia. The State of Design is responsible for the overall airworthiness of an aircraft type, while the State of Registry, in this case, CASA, must implement measures to ensure the continuing airworthiness of individual aircraft registered within Australia. When a State of Design issues an AD, CASA must review the information and issue an Australian AD if the unsafe condition affects aircraft registered in Australia.
Breaching the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. Specifically, failure to comply with an airworthiness directive may lead to serious safety risks, potentially resulting in aircraft being grounded. Civil penalties for non-compliance can include fines and other sanctions imposed by CASA, while criminal penalties may apply for more serious breaches, including imprisonment. The exact penalties depend on the nature and severity of the breach but can be significant, reflecting the critical importance of adhering to airworthiness directives for public safety.
In the case of the AD/BN-2/18, which was issued for Pilatus Britten-Norman BN-2 model aeroplanes, CASA assessed the directive and determined that it was no longer necessary as the unsafe condition had been addressed. Consequently, the Australian AD/BN-2/18 was cancelled, effective from 18 December 2008. No replacement AD was required, as the unsafe condition no longer existed. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was required for this action. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.