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-27/2 affecting Dornier DO-27 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DO-27/2. The cancellation will become effective on 30 July 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 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 need for comprehensive regulations to ensure the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to create regulations that contribute to the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that are designed to maintain the continuing airworthiness of aircraft and aeronautical products, ensuring compliance with international standards set by the Convention on International Civil Aviation. The ADs serve as a crucial tool for the State of Registry to implement the requirements set forth by the State of Design, thereby maintaining the safety and airworthiness of aircraft registered in Australia. The cancellation of AD/DO-27/2 affecting Dornier DO-27 series aeroplanes exemplifies how CASA responds to international obligations and safety assessments to adapt and refine the regulatory framework accordingly.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs), which are legislative instruments aimed at ensuring the safety of air navigation. The Act and Regulations empower the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products. These directives are a key mechanism for maintaining the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation, particularly through Annex 8. The State of Design has the primary responsibility for the airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, is tasked with assessing and issuing ADs when necessary, ensuring compliance with both national and international standards. The scope of these directives is thus international and national, covering all aircraft and aeronautical products registered in Australia, and they are issued under the authority of the Governor-General and in accordance with specific regulatory provisions. The Act and its subordinate regulations extend to all entities involved in the operation of aircraft in Australia, including aircraft manufacturers, operators, and maintenance providers.
Key Provisions
The Civil Aviation Act 1988 provides the framework for the issuance of regulations concerning air navigation safety, including the issuing of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is integral in maintaining the airworthiness of aircraft operating in Australia.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties such as aircraft manufacturers, operators, and CASA are significant. The State of Design, responsible for the aircraft type, must provide necessary information to ensure continuing airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must then assess this information and issue an Australian AD if appropriate. This ensures that any safety directives from the State of Design are appropriately adopted and enforced within Australia, maintaining safety standards.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, breaches of ADs are considered serious safety violations. The Act outlines various penalties for non-compliance, which can include substantial fines and imprisonment for individuals and organisations. Specifically, under section 128 of the Act, a person who contravenes an AD can be fined up to $126,000 for a corporation, and individuals may face fines of up to $25,200 and/or imprisonment for up to 2 years. These penalties underscore the importance of adhering to ADs to ensure the safety and integrity of air navigation in Australia.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for ensuring the safety of air navigation through the issuance and enforcement of ADs. The obligations placed on the State of Design and State of Registry are critical for maintaining airworthiness standards. Additionally, the severe penalties for non-compliance highlight the importance of adhering to these regulations to safeguard public safety in aviation.