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/81 amendment 2 affecting piston engine aircraft in 2000. CASA has assessed this AD and as a result has cancelled Australian AD/GENERAL/81 amendment 2. 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, enacted by the Australian Parliament, establishes a framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to create regulations that safeguard air navigation, as demonstrated in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that address potential safety issues in specific aircraft types or aeronautical products, aligning with international standards such as those outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a crucial role in this regulatory landscape by assessing and implementing ADs to ensure compliance with airworthiness standards.
In line with its mandate to maintain safety standards, CASA issued AD/GENERAL/81 amendment 2 in 2000, targeting piston engine aircraft. However, after thorough assessment, CASA decided to cancel this directive on 25 October 2007, as the previously identified unsafe condition no longer existed. This cancellation aimed to alleviate the regulatory burden on Australian operators without necessitating public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The directive was issued 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.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments and are essential for ensuring the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Act 1988 provides the legislative framework for these regulations, and the Act's provisions are intended to enhance the safety of air navigation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to the States of Registry, including Australia, to ensure that aircraft remain airworthy. CASA, as Australia's national airworthiness authority, evaluates this information and may issue Australian ADs to enforce the requirements set by the State of Design. The issuance and cancellation of such directives, such as AD/GENERAL/81 amendment 2 in 2000, are actions taken by CASA to address specific safety concerns and are subject to internal review and assessment processes. The cancellation of such directives, when appropriate, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) provides the framework for the Governor-General to enact regulations that are crucial for the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs, detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design bears the overall responsibility for the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. Meanwhile, the State of Registry, in this case, CASA as Australia’s national airworthiness authority, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD for an aircraft type registered in Australia, CASA is required to assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
An example of these processes in action can be seen in AD/GENERAL/81 amendment 2, which was issued by CASA in 2000 for piston engine aircraft. Following a reassessment, CASA cancelled this AD, effective from 25 October 2007, as the unsafe condition it addressed no longer existed. No replacement AD was required, and due to the cancellation, no consultation with the Australian public was necessary. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued 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.
Regarding compliance, entities governed by these regulations are required to adhere to any ADs issued by CASA. Failure to comply with an AD can result in serious consequences. The Act and Regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs; however, non-compliance with aviation safety regulations can lead to significant civil or criminal penalties, including fines and imprisonment. The severity of the penalties depends on the nature and extent of the non-compliance and the impact on aviation safety.