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/5 affecting BTH type Z1-2 Impulse Starters fitted with pawls P/No. CX55288. CASA has assessed this AD and as a result has cancelled Australian AD/ELECT/5. 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 by the Commonwealth Parliament, was introduced to regulate civil aviation in Australia, ensuring safety and efficiency in the industry. One of its key provisions allows the Governor-General to make regulations under section 98 for the purposes of the Act and in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail these provisions, including regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives serve as critical tools for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The cancellation of AD/ELECT/5, concerning BTH type Z1-2 Impulse Starters, exemplifies CASA's commitment to safety and adherence to international obligations, reflecting the policy objective of ensuring that Australian aviation standards align with global safety requirements.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. These regulations apply to any individual or entity involved in the operation, maintenance, or design of aircraft registered in Australia, encompassing both domestic and international flights within Australian jurisdiction. ADs are legislative instruments designed to mandate specific requirements for the continuing airworthiness of certain types of aircraft or aeronautical products, which CASA issues based on assessments aligned with the obligations under the Convention on International Civil Aviation. The scope of these directives is broad, covering a variety of aircraft and aeronautical products, and they are issued to address identified safety issues. While the Act and associated regulations provide a comprehensive framework for issuing and enforcing ADs, they also incorporate mechanisms for disallowance and review, ensuring that these directives are subject to appropriate scrutiny and oversight. The application of these directives is national, with CASA acting as the authoritative body for airworthiness within Australia, reflecting its responsibilities under both national legislation and international agreements.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, as modified by the Civil Aviation Safety Regulations 1998, provide the authority for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, specifically to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These regulations impose several obligations on CASA and other entities involved in aviation. CASA, as Australia's national airworthiness authority, is required to assess information provided by the State of Design concerning airworthiness issues and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry of an aircraft is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. Additionally, the State of Design has a responsibility under Annex 8 to the Convention on International Civil Aviation to provide necessary information to ensure the continuing airworthiness of aircraft types.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil and criminal consequences. Failure to comply with an airworthiness directive can lead to severe penalties, including fines and imprisonment. For example, under section 114 of the Civil Aviation Act 1988, an individual who knowingly contravenes a regulation may be liable for a fine of up to $16,500 for an individual offence and $82,500 for a corporate offence. Furthermore, under section 115, a person who negligently contravenes a regulation may be liable for a fine of up to $8,250 for an individual offence and $41,250 for a corporate offence. These provisions underscore the importance of adhering to airworthiness directives to maintain the safety of air navigation.