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.
As a result of a request from Australian industry, CASA has reviewed AD/GENERAL/56. The investigation showed that this AD could be removed with no adverse affect on safety, so CASA has cancelled Australian AD/GENERAL/56, Amendment 3. The cancellation will become effective on 19 January 2006. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support the overarching goal of aviation safety, as per section 98. A pertinent example of such regulations is the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) under regulation 39.001. The ADs serve as legislative instruments, as stipulated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance under section 6 of the Legislative Instruments Act 2003. The Civil Aviation (Administrative) Regulations 1991 further outline the procedures for the issuance and management of these directives. In response to international obligations under the Convention on International Civil Aviation and specific industry requests, the Civil Aviation Safety Authority (CASA) has the authority to issue, modify, or cancel ADs to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, authorises the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as detailed in regulation 39.001. Subregulation 39.001(5) further classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby making them legislative instruments. This legislative framework applies to both the State of Design, which has the overarching responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which is tasked with ensuring the airworthiness of individual aircraft. CASA, acting as Australia’s national airworthiness authority, must evaluate information from the State of Design and issue corresponding Australian ADs as necessary. The application of this legislation is national in scope, with CASA's authority extending across Australia to enforce airworthiness standards. The recent cancellation of Australian AD/GENERAL/56, Amendment 3, exemplifies the regulatory process, demonstrating that no adverse safety impacts resulted from the cancellation, thus fulfilling Australia’s international obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and enforced. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that pertain to the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. The authority to issue these directives is further delineated in subregulation 39.001(5), which clarifies that ADs are legislative instruments and thus subject to disallowance under section 46A of the Acts Interpretation Act 1901. This regulatory approach ensures that ADs serve as a formal mechanism for maintaining the airworthiness of aircraft within Australia.
The obligations imposed by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 on the parties involved are substantial. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in this case CASA, must then assess this information and, if deemed necessary, issue a corresponding Australian AD. This process ensures that safety standards are maintained and that all relevant stakeholders are aware of any requirements that must be met to ensure the safe operation of aircraft. The international obligations under Annex 8 to the Convention on International Civil Aviation also necessitate that States of Design and States of Registry cooperate to maintain these safety standards.
The Civil Aviation Safety Regulations 1998 outline the potential consequences for non-compliance with ADs. While the specific offences, penalties, or civil/criminal consequences for breach of an AD are not detailed in the provided text, it is clear that ADs are legally binding directives that must be followed. Failure to comply with an AD could potentially lead to serious safety issues, and could result in legal action being taken against the non-compliant party. The seriousness of these potential consequences underscores the importance of adhering to ADs to ensure the safety of air navigation. The legislative framework, therefore, serves as a deterrent against non-compliance by imposing legal obligations that must be met to maintain the airworthiness of aircraft.