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/GAS/2 affecting all filament wound, fibre glass, high pressure spherical vessels manufactured by Apex Fibre-Glass Products, Cleveland, Ohio, USA. CASA has assessed this AD and as a result has cancelled Australian AD/GAS/2. 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 civil aviation in Australia and ensure the safety and efficiency of air navigation. The Act provides the legislative framework within which the Civil Aviation Safety Regulations 1998 were established to further detail the safety requirements and regulatory processes. One of the significant mechanisms under these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments designed to address safety issues with specific types of aircraft or aeronautical products. These ADs are integral to the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for issuing ADs when necessary, often in response to directives from the State of Design or Registry. The cancellation of Australian AD/GAS/2, which was issued concerning filament wound, fibre glass, high-pressure spherical vessels manufactured by Apex Fibre-Glass Products, is an example of CASA exercising its regulatory authority under the Civil Aviation Act 1988 to ensure that Australian civil aviation remains safe and compliant with international standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These directives are legislative instruments, subject to disallowance, and align with international standards set by the International Civil Aviation Organization (ICAO). Under these regulations, CASA is mandated to evaluate and, if necessary, implement ADs issued by the State of Design for aircraft registered in Australia, reflecting the State of Registry's responsibility for the continuing airworthiness of individual aircraft. For example, CASA cancelled Australian AD/GAS/2 concerning filament wound, fibre glass, high pressure spherical vessels manufactured by Apex Fibre-Glass Products, following the assessment that the unsafe condition no longer existed. This action was taken in accordance with Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement. The cancellation of AD/GAS/2 exemplifies CASA's role in maintaining the safety standards of aircraft operating within Australia, in line with both domestic and international regulations.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are designed to maintain the airworthiness of aircraft, which is critical for safety in the aviation sector. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation primarily rest on CASA and the State of Registry of an aircraft. CASA, as Australia’s national airworthiness authority, has the responsibility to assess airworthiness directives issued by the State of Design and, if necessary, issue Australian ADs that mandate specific requirements to ensure safety. The State of Registry, on the other hand, must ensure that the aircraft it registers is maintained in a continuing airworthy condition, adhering to the requirements set forth by CASA or developed independently to meet safety standards. These obligations ensure that all aircraft operating within Australian jurisdiction meet stringent safety criteria.
In the case of AD/GAS/2, which affected filament wound, fibre glass, high pressure spherical vessels manufactured by Apex Fibre-Glass Products, CASA assessed and subsequently cancelled the directive due to the resolution of the unsafe condition identified. The cancellation of AD/GAS/2, effective from 12 February 2009, demonstrates CASA's commitment to safety and compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. Because this cancellation was made in adherence to Australia's international obligations, no public consultation or Regulatory Impact Statement was required. This AD was issued by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group at CASA, in line with subsection 84A(2) of the Act.
Breaching the requirements of the Civil Aviation Safety Regulations 1998, particularly those related to airworthiness directives, can have significant consequences. Although the specific penalties for non-compliance with ADs are not detailed in the provided text, non-compliance with civil aviation regulations generally can result in substantial fines, imprisonment, or both, depending on the severity of the breach. These measures are in place to ensure that all parties involved, from aircraft manufacturers to operators, adhere to the highest safety standards, thereby protecting public safety and maintaining the integrity of the aviation system.