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/BUSHBY M2/1 affecting Bushby Mustang II series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/BUSHBY M2/1. The cancellation will become effective on 30 July 2009. 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, Airframe and Structures, 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, addresses the regulation and safety of civil aviation within Australia. This Act allows for the creation of regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further detail the procedures under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for certain types of aircraft or aeronautical products. In line with international obligations under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, plays a crucial role in ensuring compliance with these international standards by assessing and, if necessary, issuing Australian airworthiness directives in response to those issued by the State of Design. The cancellation of an Australian airworthiness directive, such as AD/BUSHBY M2/1 for Bushby Mustang II series aeroplanes, is carried out by CASA, reflecting the resolution of the unsafe condition that originally prompted the directive.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and are crucial for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, has the responsibility to ensure that aircraft are maintained in an airworthy condition. This involves assessing and potentially issuing Australian ADs that reflect the requirements of the aircraft's State of Design. For instance, CASA has cancelled Australian AD/BUSHBY M2/1 for Bushby Mustang II series aeroplanes as the unsafe condition it addressed no longer exists. This cancellation was made in accordance with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are disallowable under section 46A of the Acts Interpretation Act 1901. This means that an AD carries the same legal weight as an act of Parliament and can be disallowed by either House of Parliament. ADs are an essential tool for maintaining the continuing airworthiness of aircraft, which is a shared responsibility between the State of Design and the State of Registry. The State of Design is responsible for providing the necessary information to ensure the airworthiness of a type of aircraft, while the State of Registry is responsible for implementing and enforcing the requirements to ensure the continuing airworthiness of individual aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment of airworthiness directives issued by the State of Design. When a State of Design issues an AD, CASA must evaluate the information provided and, if necessary, issue an Australian AD to mandate the requirements. This ensures that Australian aircraft meet the safety standards set by the State of Design. For example, in the case of AD/BUSHBY M2/1 affecting Bushby Mustang II series aeroplanes, CASA assessed the AD and determined that the unsafe condition no longer existed, leading to the cancellation of the Australian AD on 30 July 2009.
There are no specific offences, penalties, or civil/criminal consequences outlined in the document for non-compliance with airworthiness directives. However, it is implicit that failure to comply with ADs could result in significant safety risks, potentially leading to enforcement actions by CASA. Such actions might include grounding of aircraft, fines, or other regulatory measures to ensure compliance with airworthiness standards. While the document does not detail these potential consequences, the seriousness of the regulatory framework underscores the importance of adhering to ADs to maintain safety in air navigation.