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/BN-2/21, Amendment 1, affecting Pilatus Britten-Norman BN-2 series aeroplanes in 1986. 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, Initial Airworthiness, 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, enacted by the Australian Parliament, serves to ensure the safety of air navigation through various regulations, including the Civil Aviation Safety Regulations 1998. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at maintaining the continuing airworthiness of aircraft and aeronautical products. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs that mandate compliance with airworthiness requirements, which are necessary to ensure the safety of air navigation. The policy objective of these regulations is to align with international standards set by the International Civil Aviation Organization (ICAO) and to uphold the responsibility of States of Design and Registry for the airworthiness of aircraft. The ADs function as a crucial mechanism for disseminating continuing airworthiness information to ensure that aircraft remain in a safe and airworthy condition throughout their operational life.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework is established to ensure the safety of air navigation, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft bears the primary responsibility for ensuring the continuing airworthiness of the aircraft type, while the State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA is mandated to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. The AD in question, AD/BN-2/21, Amendment 1, affecting Pilatus Britten-Norman BN-2 series aeroplanes from 1986, has been reviewed by CASA and subsequently cancelled as of 24 September 2009, as the original unsafe condition no longer exists and no replacement AD is required. This cancellation results in a reduction of the regulatory burden, thus exempting the need for public consultation or a Regulatory Impact Statement. The AD cancellation was made by the Manager, Initial Airworthiness, in the Standards Development and Future Technology Division, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the Act, specifically focusing on air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs are considered 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. Annex 8 of the Convention on International Civil Aviation places the State of Design in charge of an aircraft type's ongoing airworthiness, requiring them to provide necessary information to States of Registry to ensure continued airworthiness. In turn, the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, assesses the information and issues an Australian AD if necessary.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 involve several key entities. 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 developing or adopting requirements to ensure the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and issue Australian ADs if appropriate. CASA must also review and manage ADs, such as AD/BN-2/21, Amendment 1, which affects Pilatus Britten-Norman BN-2 series aeroplanes, and decide on their continuation or cancellation based on the safety of the aircraft.
There are no specific offences, penalties, or consequences outlined in the text for breach of the ADs or the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. However, the issuance and enforcement of ADs are critical for ensuring the safety of air navigation. Failure to comply with ADs could potentially result in aircraft being deemed unairworthy, which could lead to legal consequences for operators and manufacturers, including fines or other regulatory actions by CASA. The text does not provide specific maximum penalties for breaches but implies that non-compliance with airworthiness directives could lead to serious repercussions for aviation safety and regulatory compliance.