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/18 affecting Collin PN-101 Pictorial Navigation System Slaving Accessory 328A-G. CASA has assessed this AD and as a result has cancelled Australian AD/INST/18. 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 Commonwealth Parliament, serves as the primary legislative framework governing civil aviation in Australia, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. To implement this, the Civil Aviation Safety Regulations 1998 were introduced, providing specific regulatory mechanisms including the issuance of airworthiness directives (ADs). These ADs, as legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Act, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). This legislation was designed to address the need for consistent and internationally recognised standards for aircraft safety and airworthiness, thus protecting public safety and facilitating international cooperation in civil aviation. The process of issuing and cancelling ADs, such as the recent cancellation of AD/INST/18 affecting Collin PN-101 Pictorial Navigation System Slaving Accessory 328A-G, is conducted in accordance with these regulations to maintain the highest safety standards within Australia's aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised in accordance with section 98 of the Civil Aviation Act 1988, which allows for the creation of regulations in the interest of air navigation safety. The ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulation as per the Legislative Instruments Act 2003. These directives are critical for ensuring the continuing airworthiness of aircraft types, aligning with international standards outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the ongoing airworthiness of aircraft types, and must furnish necessary information to the States of Registry, which in turn must implement measures to maintain airworthiness. For instance, CASA, as Australia’s national airworthiness authority, evaluates ADs issued by the State of Design and may issue corresponding Australian ADs, such as the cancelled AD/INST/18 for the Collin PN-101 Pictorial Navigation System Slaving Accessory 328A-G. This cancellation was effective from 12 March 2009, with no replacement AD necessary as the unsafe condition was resolved.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants CASA the authority to issue these directives. An AD is a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003.
Obligations under the Civil Aviation Act and Regulations include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
For breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance with ADs. However, non-compliance with ADs could potentially lead to enforcement actions by CASA, which might include fines, suspension of airworthiness certificates, or other regulatory measures. The Civil Aviation Act 1988 includes general provisions for penalties and enforcement actions, which might apply in such cases. The specific penalties would depend on the nature and severity of the non-compliance and would be determined under the relevant sections of the Act and subordinate regulations.