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/CHA/2 Amendment 2 affecting American Champion model aeroplanes. CASA has amended this AD to AD/CHA/2 amendment 3. The amendment will become effective on
7 May 2009. This AD cancels and replaces the previous issue.
As this AD has been amended 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, was established to regulate civil aviation and ensure the safety of air navigation, amongst other objectives. The Act provides a framework for the regulation of aviation activities in Australia, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further specify the procedures for issuing ADs and outline the responsibilities of the Civil Aviation Safety Authority (CASA). The ADs are intended to ensure the continuing airworthiness of aircraft and comply with international obligations under the Convention on International Civil Aviation. The most recent amendment to an existing AD, AD/CHA/2 Amendment 3, was made by CASA to address safety concerns regarding American Champion model aeroplanes and was introduced in accordance with the legislative requirements set out in the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs apply to specific kinds of aircraft or aeronautical products and serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing the information provided by the State of Design and, if necessary, issuing Australian ADs to ensure compliance. This legislative framework applies to all aircraft registered in Australia, with ADs being issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, pursuant to section 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. This regulatory mechanism is designed to maintain and enhance the safety standards of aircraft in operation. Furthermore, subregulation 39.001(5) of the CASR stipulates that an AD is a disallowable instrument, meaning it can be annulled by a resolution of either House of Parliament, in accordance with section 46A of the Acts Interpretation Act 1901. The Legislative Instruments Act 2003 (section 6) further categorises ADs as legislative instruments, reinforcing their formal legal status.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type. This entails providing all necessary information to ensure the airworthiness of the type to the appropriate States of Registry. The State of Registry, in turn, is accountable for the continuing airworthiness of individual aircraft. It must develop or adopt requirements to ensure compliance with these standards. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must review this information. If deemed appropriate, CASA issues an Australian AD to enforce the requirements set forth by the State of Design.
CASA has issued AD/CHA/2 Amendment 3, affecting American Champion model aeroplanes, which replaces the previous AD/CHA/2 Amendment 2. This amendment will become effective on 7 May 2009. Given that the amendment arises from Australia’s obligations under the Convention on International Civil Aviation, no public consultation has been conducted. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was formulated by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
In terms of obligations and requirements, the Act imposes stringent responsibilities on both the State of Design and the State of Registry to maintain the airworthiness of aircraft. CASA, as the enforcement body, must rigorously assess and implement ADs issued by the State of Design to ensure that Australian-registered aircraft meet international safety standards. Failure to comply with these directives can result in severe consequences. Under the Civil Aviation Act 1988, breaches of ADs can lead to civil penalties, including fines and potential criminal charges. The specific penalties are not detailed in the provided text, but generally, such breaches may result in significant financial penalties, imprisonment, or both, depending on the severity of the violation. These measures underscore the critical importance of adhering to ADs to safeguard the safety and integrity of air navigation.