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/INST/1 affecting Sperry Model H-3 Gyro Horizons. CASA has assessed this AD and as a result has cancelled Australian AD/INST/1. 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 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 provide for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, and it is under this authority that the Civil Aviation Safety Regulations 1998 were established. These regulations, among other things, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing safety and airworthiness of aircraft and aeronautical products within Australia. The ADs are legislative instruments that align with the obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing corresponding Australian ADs to enforce compliance with safety requirements. This regulatory framework ensures that Australia meets its international obligations while maintaining stringent safety standards for its aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations for air navigation safety, thereby enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001. These ADs are considered legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. The ADs serve as a primary method for ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Design is tasked with providing necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry, which is Australia in this context, must adopt or develop requirements to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing corresponding Australian ADs when necessary. This process ensures compliance with international standards and addresses specific safety concerns regarding aircraft on the Australian Register.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to establish regulations that align with the Act and promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This process ensures that ADs are formally recognised and subject to regulatory oversight.
The obligations imposed by these provisions include the requirement for the State of Design to maintain the continuing airworthiness of an aircraft type and to provide necessary information to the State of Registry, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. This ensures that all aircraft in Australia comply with the necessary safety standards.
Failure to comply with the requirements set forth in airworthiness directives can result in significant consequences. For instance, if an operator fails to adhere to the mandated safety measures specified in an AD, this could lead to severe penalties. The Civil Aviation Act 1988 outlines various offences and penalties, with maximum fines and imprisonment terms specified for non-compliance. The severity of these penalties underscores the importance of adhering to ADs to maintain aviation safety standards. Additionally, non-compliance may also result in civil consequences, such as the grounding of aircraft, which can have substantial operational and financial implications for operators.