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/15 affecting all Bendix starters type 756 fitted to aircraft where the starter was necessary for propeller feathering. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/15. 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 was enacted to regulate the safety of civil aviation in Australia and to provide for the oversight of air navigation safety, including the issuance of airworthiness directives. Under section 98, the Governor-General has the authority to make regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further provide that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance. The Civil Aviation Act 1988 and its associated regulations aim to ensure that Australia meets its obligations under international aviation safety standards, particularly those set by the International Civil Aviation Organization (ICAO). The legislation reflects Australia's commitment to maintaining high safety standards in civil aviation, as well as ensuring compliance with international conventions and agreements.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to entities and individuals involved in civil aviation within Australia, specifically focusing on the safety of air navigation and airworthiness of aircraft. The Act and Regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure compliance with safety standards. These directives are legally binding and are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design, typically the country where an aircraft type is designed, has the primary responsibility for the continuing airworthiness of aircraft, while the State of Registry, such as Australia, must enforce these requirements within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs when necessary. However, ADs do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. Any ADs issued or cancelled by CASA are done so in accordance with the Act, ensuring that Australia meets its obligations under international aviation conventions, such as the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to establish regulations that serve the interests of aviation safety. 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 specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus fall within the scope of legislative instruments as defined by the Legislative Instruments Act 2003.
The obligations imposed by the Act and the regulations on the parties and entities governed by them include the State of Design, which has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to the States of Registry to maintain airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements.
Failure to comply with ADs can result in serious consequences, including both civil and criminal liabilities. Under the Civil Aviation Act 1988, non-compliance with an AD can be grounds for prosecution. The maximum penalty for contravening an AD can include fines up to a specified amount and imprisonment, depending on the severity and frequency of the offence. It is crucial for aircraft operators and other relevant parties to adhere to these directives to ensure the safety and airworthiness of aircraft in Australia.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of airworthiness directives, with CASA playing a pivotal role in ensuring compliance. The responsibilities of both the State of Design and the State of Registry are clearly outlined, and the potential legal ramifications for non-compliance underscore the importance of adhering to these regulations.