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/12 affecting Smiths Industries SEP 6 automatic pilot roll computer clutch circuit. CASA has assessed this AD and as a result has cancelled Australian AD/INST/12. 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, enacted by the Parliament of Australia, serves as the foundational piece of legislation governing civil aviation safety in Australia. It empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One significant development under this Act is the issuance of airworthiness directives (ADs), which are critical in maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further delineate the process, allowing the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are made under the overarching framework of the Convention on International Civil Aviation, ensuring that Australia aligns with international standards and practices. The Act and its regulations aim to ensure that both the State of Design and the State of Registry of an aircraft adhere to stringent safety protocols, thereby enhancing the overall safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The scope of these ADs extends to mandating compliance with continuing airworthiness requirements as stipulated by the State of Design and the State of Registry of an aircraft. The issuance of these directives is governed by Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and requires the State of Registry to develop or adopt requirements to ensure the airworthiness of aircraft. The ADs are thus a critical tool in maintaining safety standards in the aviation industry, and CASA, as the national airworthiness authority, is tasked with assessing international ADs and, if necessary, issuing Australian ADs to enforce compliance. The process for issuing and cancelling ADs is conducted by authorised personnel within CASA, ensuring that the directives are in line with the legislative framework and international standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations to ensure the safety of air navigation. In accordance with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and, therefore, are legislative instruments under the Legislative Instruments Act 2003.
These airworthiness directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls upon the State of Design and the State of Registry as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the airworthiness of the aircraft type, while the State of Registry is tasked with developing or adopting requirements to ensure the airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue an Australian AD to enforce the requirements.
In the context of the Smiths Industries SEP 6 automatic pilot roll computer clutch circuit, CASA issued AD/INST/12, which has now been cancelled. This cancellation, effective from 12 March 2009, indicates that the unsafe condition addressed by the AD no longer exists, and no replacement AD is necessary. This decision aligns with Australia's obligations under the Convention on International Civil Aviation and thus did not require consultation with the Australian public or a Regulatory Impact Statement.
CASA's authority to issue or cancel ADs is exercised by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group, as per subsection 84A(2) of the Civil Aviation Act 1988. This procedural framework ensures that airworthiness directives are issued and managed in a manner that upholds the highest safety standards for civil aviation in Australia.
Non-compliance with airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an airworthiness directive can be subject to penalties. These penalties may include substantial fines, imprisonment, or both, depending on the severity of the violation. Additionally, any operator who continues to fly an aircraft in contravention of an AD can face further penalties, including potential grounding of the aircraft and revocation of the aircraft's certificate of airworthiness. Such stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation.