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-600/4 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 provide a legislative framework for civil aviation in Australia, ensuring the safety, efficiency, and regularity of air services within the country. This Act was introduced to address the need for a comprehensive legal structure governing the complex and dynamic field of civil aviation. Enacted by the Parliament of Australia, the policy objective of the Act is to promote the safe and efficient operation of aircraft, with a particular focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the requirements and standards necessary to maintain the airworthiness of aircraft. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft as mandated by international standards, such as those set out in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation safety in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs concerning specific types of aircraft or aeronautical products, with these directives being legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs serve to maintain the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8. The State of Registry, in this case CASA, has the responsibility to ensure that aircraft are maintained in a safe airworthy condition, and must act upon ADs issued by the State of Design. The AD/CL-600/4, which affected Bombardier (Canadair) CL-600 series aeroplanes, was issued in 1983 and is now being cancelled by CASA as the unsafe condition it was addressing no longer exists, effective from 19 November 2009. The cancellation of this AD reduces the regulatory burden without necessitating a replacement AD or public consultation, as it does not require a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including ADs, to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument and a legislative instrument as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively.
The obligations under these regulations require the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, which in Australia is CASA, is responsible for the continuing airworthiness of individual aircraft. When the State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards.
There are no specific obligations for the Australian public or entities governed by these regulations in relation to the issuance or cancellation of ADs. However, the entities involved, such as aircraft manufacturers and operators, must comply with the ADs issued by CASA. For example, in 1983, CASA issued an AD (AD/CL-600/4) for Bombardier (Canadair) CL-600 (Challenger) series aeroplanes. Following a review, CASA decided to cancel this AD, effective from 19 November 2009, as the original unsafe condition no longer existed.
Failure to comply with an AD can result in civil or criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions, including fines and potential criminal charges. The specific penalties are not detailed in the text, but the Act provides for significant sanctions to ensure adherence to airworthiness requirements. Given that ADs are designed to address safety issues, non-compliance can pose serious risks to aviation safety.