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/CL-600/30 affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes in 1983. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 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 Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, focusing primarily on ensuring the safety of air navigation. This legislation provides the legislative basis for the creation of regulations that govern various aspects of civil aviation, including airworthiness. The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, further detail the requirements for maintaining airworthiness and include provisions for the issuance of airworthiness directives (ADs). The Civil Aviation Safety Authority (CASA) is empowered under regulation 39.001 to issue ADs, which are legislative instruments that mandate specific actions to address safety issues with aircraft or aeronautical products. The policy objective behind ADs is to ensure the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). CASA's role as Australia's national airworthiness authority involves assessing information from States of Design and, where necessary, issuing ADs to enforce safety requirements.
Scope and Application
The Civil Aviation Act 1988 provides the framework for the regulation of civil aviation safety in Australia, empowering the Governor-General to make regulations under section 98 for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, making these directives legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These ADs are intended to ensure the continuing airworthiness of aircraft, with the State of Registry being responsible for maintaining this airworthiness, in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs when a State of Design issues a corresponding AD for aircraft registered in Australia. The process of issuing, reviewing, and cancelling ADs, such as the recent cancellation of AD/CL-600/30 affecting Bombardier (Canadair) CL-600 (Challenger) series aeroplanes, is governed by these regulations and serves to ensure that Australian aviation safety standards are met and maintained.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are integral to ensuring the safety and airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. They are typically issued by the State of Design and adopted by the State of Registry, in compliance with Annex 8 of the Convention on International Civil Aviation. In the context of Australian aviation, CASA, as the national airworthiness authority, has the responsibility to assess and, if necessary, issue ADs that reflect the requirements set by the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other relevant parties include the duty to review and potentially issue airworthiness directives that align with international standards and practices. CASA must ensure that the ADs issued meet the safety requirements and are in the public interest. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must implement the directives issued by CASA and ensure compliance by all relevant operators. This includes conducting necessary inspections, maintenance, or modifications to the aircraft to meet the standards set forth in the ADs.
Failure to comply with an airworthiness directive can result in significant consequences. Under section 98 of the Civil Aviation Act 1988, non-compliance with CASA-issued directives may be considered a breach of the regulations. Such breaches can lead to enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, and other administrative penalties. The seriousness of non-compliance is underscored by the potential for criminal prosecution, particularly if the breach results in an aviation incident or accident. The maximum penalties for offences under the Civil Aviation Act 1988 can be substantial, reflecting the critical importance of adhering to airworthiness directives for the safety of air navigation.