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/ELECT/12 affecting all Briggs and Stratton AAF type B5 ignition switches. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/12. The cancellation will become effective on 12 February 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, 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 to ensure the safety of air navigation, provides the authority for the creation of regulations that govern civil aviation activities within Australia. The Act empowers the Governor-General to make regulations that support the overarching goal of aviation safety. One such regulation, made under the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance procedures. The Act aims to align Australia’s aviation safety practices with international standards, particularly under the Convention on International Civil Aviation, ensuring that Australia’s obligations are met in terms of continuing airworthiness of aircraft. CASA, as the national airworthiness authority, plays a crucial role in assessing international ADs and, if necessary, issuing corresponding Australian ADs to maintain safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as critical instruments for maintaining the continuing airworthiness of aircraft registered within Australia, aligning with the obligations under the Convention on International Civil Aviation. The ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and they are essential for ensuring that aircraft meet safety standards internationally. The State of Design, typically the country where the aircraft is designed, holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case Australia, must ensure that the aircraft within its registry adhere to these standards. CASA, as Australia's national airworthiness authority, evaluates the ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce these safety requirements. For instance, CASA issued and subsequently cancelled Australian AD/ELECT/12 concerning Briggs and Stratton AAF type B5 ignition switches, reflecting Australia's commitment to international safety protocols. This cancellation was executed without public consultation or a Regulatory Impact Statement, as mandated by relevant Australian legislation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically sections 98 and 39.001 respectively, provide the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Section 98 of the Civil Aviation Act allows the Governor-General to make regulations for the safety of air navigation, and section 39.001 of the Civil Aviation Safety Regulations empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations and requirements imposed by these sections on parties and entities are multifaceted. The State of Design, which is the country where an aircraft type is designed, has the overarching responsibility for the continuing airworthiness of that aircraft type. This includes providing any necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. The State of Registry, which is the country where an aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Breaches of the obligations under these sections can lead to various civil and criminal consequences. For instance, failure to comply with an AD issued by CASA can result in severe penalties. The maximum penalty for non-compliance with ADs can include substantial fines and potential imprisonment, depending on the severity of the breach and the risk posed to public safety. These penalties are designed to ensure that all stakeholders, including aircraft manufacturers, operators, and maintenance providers, adhere to the mandated safety standards.
The Civil Aviation Safety Regulations also include provisions for the issuance and cancellation of ADs. For example, CASA issued AD/ELECT/12 for all Briggs and Stratton AAF type B5 ignition switches but subsequently cancelled it because the unsafe condition no longer existed. The cancellation of this AD was made in accordance with the Civil Aviation Act, specifically subsection 84A(2), and took effect on 12 February 2009. This cancellation was a result of Australia’s obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement.