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/EMERAUDE/1 affecting all models of Piel Emeraude series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/ EMERAUDE/1. The cancellation will become effective on 9 April 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 Parliament of Australia, addresses the regulation of civil aviation and ensures the safety of air navigation. This Act provides the legal framework for the issuance of regulations, including airworthiness directives, by the Civil Aviation Safety Authority (CASA) to maintain the safety standards of aircraft and aeronautical products. Under the authority granted by section 98 of the Civil Aviation Act, CASA issues airworthiness directives as legislative instruments, in compliance with the Convention on International Civil Aviation and the Acts Interpretation Act 1901. The objective of these regulations is to mandate the continuing airworthiness of aircraft registered in Australia, ensuring they meet international safety standards and to address any unsafe conditions identified by the State of Design. The cancellation of AD/EMERAUDE/1 exemplifies the application of this regulatory process, where CASA, as Australia's national airworthiness authority, has determined that the previously identified unsafe condition no longer exists, thus rendering the directive obsolete.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to 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 to ensure the safety of air navigation. These directives apply to all entities involved in the operation and maintenance of the specified aircraft, including aircraft manufacturers, operators, and maintenance providers. Geographically, the application of these regulations and the resulting ADs is national in scope, covering all aircraft registered in Australia. While the issuance of ADs is a regulatory mechanism designed to enhance safety, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that ADs are disallowable instruments, subject to parliamentary scrutiny as legislative instruments under the Legislative Instruments Act 2003. The application of these directives can be further extended or restricted through subordinate instruments, ensuring that the regulations remain responsive to evolving safety standards and international obligations. The ADs do not require public consultation or a Regulatory Impact Statement as per the Office of Best Practice Regulation's assessment, reflecting the technical nature of the directives and their direct alignment with safety imperatives.
Key Provisions
The key operative sections of this legislation revolve around the issuance and management of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types or aeronautical products. Section 39.001(5) specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as such, are legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions are primarily directed towards CASA and the State of Registry. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design to ensure they comply with Australian standards and, if necessary, issue corresponding Australian ADs. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, which involves adopting or developing appropriate requirements. The cancellation of Australian AD/EMERAUDE/1 for Piel Emeraude series aeroplanes exemplifies these obligations in practice, where CASA assessed and subsequently cancelled the AD due to the resolution of the unsafe condition.
In terms of breaches and consequences, the Civil Aviation Safety Regulations 1998 do not explicitly detail offences or penalties related to non-compliance with ADs in the provided text. However, non-compliance with ADs can lead to serious safety issues, and in broader aviation regulations, penalties can include substantial fines and imprisonment. For example, under section 21 of the Civil Aviation Act 1988, a person who contravenes an AD can be subject to penalties, which may include fines of up to $275,000 for individuals and $1.375 million for bodies corporate, as well as potential imprisonment. The severity of these penalties underscores the importance of adhering to ADs to maintain air navigation safety.