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/13 affecting Smiths Industries SEP 2 servo motors. CASA has assessed this AD and as a result has cancelled Australian AD/INST/13. 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 Australian Parliament, provides a legislative framework for the safety and efficiency of civil aviation within Australia. This legislation was introduced to address the need for a comprehensive legal structure governing civil aviation operations, ensuring the safety and security of air travel. Under the Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in Annex 8 of the Convention on International Civil Aviation. In a specific instance, CASA assessed and subsequently cancelled Australian AD/INST/13 concerning Smiths Industries SEP 2 servo motors, effective from 12 March 2009, due to the resolution of the unsafe condition identified. This cancellation was made in compliance with Australia’s obligations under international conventions and was executed by CASA without public consultation as deemed necessary by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. This Act and its associated regulations apply to the issuance of airworthiness directives (ADs), which are regulatory instruments designed to mandate safety measures for specific types of aircraft or aeronautical products. The issuance of these directives falls under the purview of the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, which must comply with the requirements set forth in Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design of an aircraft type has the primary responsibility for ensuring continuing airworthiness, while the State of Registry, in this case CASA, is tasked with assessing and enforcing necessary measures. The ADs are legislative instruments, and their creation and cancellation are subject to statutory requirements, including the Legislative Instruments Act 2003. Given their technical and regulatory nature, ADs are not subject to public consultation or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This legislative framework ensures that CASA can swiftly address safety issues without undue bureaucratic delays, thereby maintaining high safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations for this purpose. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, CASA, as the national airworthiness authority, has the responsibility to assess airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that the requirements set by the State of Design are implemented in Australia, thereby maintaining the safety standards for aircraft registered in the country. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, in line with international obligations and standards.
The obligations of CASA, as the national airworthiness authority, include monitoring and assessing ADs issued by other states, particularly the State of Design. CASA must issue Australian ADs if it is deemed necessary to enforce the requirements of the international ADs. This involves a rigorous assessment process to ensure that the ADs align with Australian safety standards and regulations. Moreover, CASA must ensure that these directives are effectively communicated to the relevant stakeholders, such as aircraft operators and maintenance providers, to guarantee compliance with the safety requirements.
Failure to comply with airworthiness directives can result in significant legal consequences. Non-compliance with an AD can lead to civil or criminal penalties, depending on the severity of the breach. Under the Civil Aviation Act 1988, individuals and entities found in breach of an AD may face fines and imprisonment. The specific penalties are detailed in the relevant sections of the Act and the Civil Aviation Safety Regulations 1998, which include provisions for maximum fines and imprisonment terms. Such stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety and integrity of air navigation in Australia.