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/CERES/4 Amendment 1 affecting all models of CA-28 (Ceres) aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CERES/4 Amendment 1. The cancellation will become effective on 9 April 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, 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 Parliament of Australia, aims to provide for the safety of air navigation and the regulation of civil aviation in Australia. The Act facilitates the creation of regulations to ensure the safety and efficiency of civil aviation, including the issuance of airworthiness directives (ADs). ADs are a critical mechanism for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the procedures and responsibilities of the Civil Aviation Safety Authority (CASA) in issuing these directives. As Australia's national airworthiness authority, CASA has the responsibility to assess information provided by the State of Design and, when necessary, issue corresponding ADs to mandate specific requirements. The policy objective is to maintain high safety standards in the Australian civil aviation sector, in line with international obligations and best practices.
Scope and Application
The Civil Aviation Act 1988 and accompanying Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia, under the oversight of the Civil Aviation Safety Authority (CASA). Under these regulations, CASA can issue ADs for specific types of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft as per the obligations under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the airworthiness of aircraft types and mandates that States of Registry adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. In the case of aircraft registered in Australia, CASA assumes the responsibility to issue Australian ADs when a State of Design issues an AD for a type of aircraft on the Australian Register. The issuance, amendment, or cancellation of such ADs is carried out by CASA in accordance with its statutory powers, and these actions are not subject to public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate. Specifically, section 98 of the Act allows the Governor-General to make regulations for the Act's purposes, with a focus on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. It is important to note that these ADs, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to States of Registry to ensure that aircraft remain airworthy. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In Australia, CASA acts as the national airworthiness authority and must assess any ADs issued by States of Design. If deemed appropriate, CASA issues Australian ADs to mandate the requirements of the State of Design. The recent issuance and subsequent cancellation of AD/CERES/4 Amendment 1 for all models of CA-28 (Ceres) aeroplanes exemplifies this process. CASA assessed the AD and concluded that it should be cancelled because the unsafe condition it was meant to address no longer exists. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for breaching ADs. However, non-compliance with airworthiness directives can lead to severe consequences, including potential criminal charges under the Civil Aviation Act 1988. For example, operating an aircraft contrary to an airworthiness directive can result in significant fines and imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft or revoking pilot licenses, further emphasising the importance of adhering to ADs.