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/EMY/9 affecting all RFD type 80 Mk. 2 life jackets. CASA has assessed this AD and as a result has cancelled Australian AD/EMY/9. The cancellation will become effective on
12 March 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 acting 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, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Act empowers the Governor-General to enact regulations in the interest of safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that ultimately lies with the State of Registry, although the State of Design also plays a key role by providing necessary information. This legislative framework is essential for harmonising Australian practices with international standards set by the Convention on International Civil Aviation. The process for issuing and cancelling ADs, such as AD/EMY/9 concerning RFD type 80 Mk. 2 life jackets, reflects the dynamic nature of aviation safety regulations and the need for timely responses to emerging safety concerns.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of civil aviation safety in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, are issued in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibility of the State of Design for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft within its jurisdiction. ADs are the principal means through which States communicate continuing airworthiness information. The ADs issued by CASA mandate specific requirements to address safety issues identified with certain aircraft types or aeronautical products. In the specific case of AD/EMY/9, which affected all RFD type 80 Mk. 2 life jackets, CASA assessed the AD and subsequently cancelled it due to the resolution of the unsafe condition, effective from 12 March 2009, thus eliminating the need for any replacement AD. The cancellation was made without public consultation, as per the obligations under the Convention on International Civil Aviation, and without the requirement for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for maintaining the safety and airworthiness of aircraft in Australia. Under section 98 of the Civil Aviation Act 1988 (section 98), the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (regulation 39.001) empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to address safety issues and ensure that the aircraft meet the required standards for continued operation.
The obligations imposed by these regulations on the parties involved include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry. The State of Registry, in this case CASA, must assess the information provided by the State of Design and issue appropriate ADs if necessary. These directives mandate specific requirements to ensure the safety of aircraft operating in Australia. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with the requirements set forth in an airworthiness directive can lead to serious consequences. Although the specific penalties for non-compliance are not detailed in the provided text, it is understood that non-compliance with aviation safety regulations can result in severe penalties, including fines and imprisonment, as well as civil liabilities for damages caused by accidents resulting from non-compliance. The issuance and enforcement of ADs are critical for maintaining the high safety standards required in the aviation industry.
The process for issuing and cancelling ADs is also outlined in the regulations. In this instance, CASA issued and subsequently cancelled Australian AD/EMY/9 concerning RFD type 80 Mk. 2 life jackets, following the assessment that the unsafe condition no longer exists. This cancellation reflects Australia's commitment to international aviation safety standards under the Convention on International Civil Aviation. As the cancellation was made in accordance with Australia’s obligations under the Convention, there was no need for public consultation or a Regulatory Impact Statement. The AD was made by the acting Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.