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/DO 228/1 affecting Dornier 228 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DO 228/1. The cancellation will become effective on
18 December 2008. 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 Commonwealth Parliament, addresses the safety of air navigation and provides the legislative framework for regulating civil aviation in Australia. This Act, among other provisions, authorises the Governor-General to make regulations aimed at ensuring the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were created, which empower 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 designed to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in civil aviation by enforcing necessary measures to address any identified unsafe conditions, as exemplified by the issuance and subsequent cancellation of AD/DO 228/1 for Dornier 228 series aeroplanes.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). Specifically, regulation 39.001 empowers CASA to issue ADs for particular types of aircraft or aeronautical products, ensuring adherence to safety standards for air navigation. These ADs are considered legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and further defined under the Legislative Instruments Act 2003. The geographic scope of these regulations is national, applying to all aircraft and aeronautical products registered in Australia, thereby ensuring compliance with international standards as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the manufacturer, holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for ensuring the airworthiness of individual aircraft registered within Australia. This legislative framework underscores the commitment to safety and the continuous management of airworthiness information, which is critical for the safe operation of aircraft within and beyond Australian borders.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are designed to maintain the safety and airworthiness of the aircraft in question. As stipulated in subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Entities governed by the Act and its regulations, such as aircraft manufacturers, operators, and CASA, must adhere to several obligations to ensure compliance with airworthiness directives. The State of Design, which is responsible for the ongoing airworthiness of an aircraft type, must provide necessary information to appropriate States of Registry to ensure the safety of the aircraft. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, acting as Australia’s national airworthiness authority, must assess the information provided by the State of Design and issue an Australian AD if necessary to mandate the required safety measures. This ensures that all stakeholders are aware of and comply with the mandated safety standards.
Failure to comply with airworthiness directives can lead to various civil and criminal consequences. The specific provisions and penalties are detailed within the Civil Aviation Act 1988 and the associated regulations. However, the Civil Aviation Safety Regulations 1998 do not explicitly outline the maximum penalties for non-compliance with airworthiness directives. Instead, penalties for non-compliance with civil aviation regulations generally include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined in the context of the particular breach and the applicable sections of the Act and its regulations. Ensuring adherence to ADs is crucial to maintaining the high safety standards required in the aviation industry.