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/45 affecting Exide Type 6AC9 and 6AC11 batteries with S/Nos 32659 to 33117. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/45. 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 provide for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. It empowers the Governor-General to make regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory mechanisms. One such mechanism is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. The ADs are legislative instruments that align with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, assesses and, if necessary, issues Australian ADs to comply with international obligations and ensure the safe operation of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia. The Act and Regulations apply to all persons, entities, and industries involved in the operation and maintenance of aircraft registered in Australia, ensuring that they comply with safety standards mandated by the Civil Aviation Safety Authority (CASA). These regulations are designed to ensure the continuing airworthiness of aircraft, and thus, they apply to the State of Registry of each aircraft, which is responsible for ensuring the aircraft remains airworthy. The Act allows CASA to issue ADs for kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. Notably, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003. In the specific case of the AD/ELECT/45 concerning Exide Type 6AC9 and 6AC11 batteries, CASA has cancelled the Australian AD because the unsafe condition no longer exists, demonstrating the dynamic nature of these regulations in response to evolving safety concerns.
Key Provisions
The key sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to airworthiness directives are regulation 39.001 and subregulation 39.001(5). Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. Subregulation 39.001(5) provides that an airworthiness directive is a disallowable instrument under the Acts Interpretation Act 1901 and thus a legislative instrument under the Legislative Instruments Act 2003. These provisions allow CASA to mandate airworthiness requirements for aircraft and aeronautical products registered in Australia.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose obligations on CASA as Australia's national airworthiness authority to assess airworthiness directives issued by the State of Design and to issue Australian airworthiness directives as necessary to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, typically the manufacturer of an aircraft type, has the primary responsibility under Annex 8 to the Convention on International Civil Aviation for ensuring the continuing airworthiness of the aircraft type. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia, based on any airworthiness directives issued by the State of Design.
Breaching the requirements of an airworthiness directive can result in severe consequences, including potential criminal and civil penalties. The maximum penalty for contravening an airworthiness directive is a fine of up to $50,000 for individuals and up to $250,000 for corporations, as outlined under section 113 of the Civil Aviation Act 1988. These penalties reflect the serious safety implications of non-compliance with airworthiness directives, which are designed to address safety issues and prevent accidents. It is imperative that all parties governed by the Act adhere strictly to the requirements set forth in airworthiness directives to ensure the safety of air navigation.