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 issued AD/GENERAL/78 Amendment 1 affecting piston engine aircraft in 2000. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/78 Amendment 1. The cancellation will become effective on 25 October 2007. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled thereby reducing the regulatory load on Australian operators no consultation with the Australian public has taken place. 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation to manage the risks associated with air travel. This Act empowers the Governor-General to create regulations that safeguard air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, has the responsibility to assess international ADs issued by States of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. In 2000, CASA issued AD/GENERAL/78 Amendment 1 for piston engine aircraft, which has since been cancelled due to the resolution of the associated safety concerns, effective from 25 October 2007. Given that no replacement AD is required and the cancellation reduces the regulatory burden on operators, no public consultation or Regulatory Impact Statement was deemed necessary. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design of an aircraft holds primary responsibility for the continuing airworthiness of an aircraft type, and must share necessary information with the State of Registry, which in Australia is CASA. CASA must then assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. The AD/GENERAL/78 Amendment 1, which affected piston engine aircraft, was issued in 2000 and has since been cancelled by CASA due to the resolution of the unsafe condition it addressed, with no replacement AD required. The cancellation of this AD has resulted in a reduction of the regulatory load on Australian operators, and no consultation with the public was necessary as per the Office of Best Practice Regulation's determination that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance and management of airworthiness directives (ADs) in Australia. According to section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This process is further outlined in subregulation 39.001(5), which classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and subsequently as legislative instruments under the Legislative Instruments Act 2003. This ensures that ADs have the necessary legal standing to enforce safety measures.
The obligations imposed by these regulations are primarily on CASA and the State of Registry of individual aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and determining whether an Australian AD should be issued. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This includes complying with ADs issued by CASA and ensuring that all aircraft under its registry meet the necessary safety standards.
Failure to comply with ADs can result in significant consequences. The Civil Aviation Safety Regulations 1998 outline that non-compliance with ADs can lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment. The maximum penalties are determined by the severity of the non-compliance and the impact on aviation safety. For instance, operating an aircraft that does not meet the requirements set out in an AD could lead to substantial fines and potential imprisonment for the operator. Ensuring adherence to ADs is crucial for maintaining the safety standards required under the Civil Aviation Act 1988.