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/20 affecting SEP 2 Automatic Pilot Trim Servomotor. CASA has assessed this AD and as a result has cancelled Australian AD/INST/20. 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 a comprehensive framework for the regulation of civil aviation in Australia, with a focus on ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations, including those that pertain to the safety of air navigation, and specifies the roles and responsibilities of various aviation authorities. One of the key mechanisms introduced under this Act is the issuance of airworthiness directives (ADs), which are regulated under the Civil Aviation Safety Regulations 1998. ADs are legislative instruments used to address safety issues with aircraft or aeronautical products and are crucial for maintaining the continuing airworthiness of aircraft as mandated by international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is the national airworthiness authority responsible for assessing and issuing these directives, ensuring that Australian aviation remains compliant with international standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue these directives, which are also considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework applies to all entities involved in the design and registry of aircraft, as well as to the aircraft themselves. The geographic reach of these regulations is national, ensuring that all aircraft registered in Australia comply with the safety standards set forth by CASA. The ADs align with international standards set by the International Civil Aviation Organization (ICAO) and are issued by most ICAO Contracting States, including Australia, to maintain the continuing airworthiness of aircraft types. Any exclusions or exemptions from these regulations are not explicitly stated in the provided text, and the application of the ADs is further refined through subordinate instruments as necessary.
Key Provisions
The Civil Aviation Act 1988 provides a framework for the regulation of civil aviation safety in Australia. Under section 98 of this Act, the Governor-General is empowered to make regulations that ensure the safety of air navigation, thereby delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory framework is designed to maintain the airworthiness of aircraft and aeronautical products, ensuring they meet safety standards essential for public safety in air travel.
The obligations placed on parties and entities governed by this Act are significant. CASA, as Australia's national airworthiness authority, must carefully assess information from the State of Design regarding the continuing airworthiness of aircraft types registered in Australia. This involves evaluating any ADs issued by the State of Design and determining if they need to be adopted or adapted for Australian conditions, potentially issuing an Australian AD to mandate these requirements. The State of Registry is also responsible for ensuring that the individual aircraft it registers remain airworthy, and must implement or adopt requirements that align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation.
Failure to comply with the requirements set out in the ADs can result in severe consequences. The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, includes provisions that establish offences and penalties for non-compliance with ADs. These may include fines or imprisonment, depending on the severity of the breach and its impact on safety. The specific penalties for breaches of these regulations are not detailed in the provided text, but it is clear that strict enforcement is intended to ensure adherence to safety standards.
The Civil Aviation Safety Regulations 1998 also classify ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus as legislative instruments according to the Legislative Instruments Act 2003. This classification means that ADs can be subject to disallowance by Parliament, ensuring that they are reviewed and approved by the legislative body. The process of issuing and cancelling ADs, such as the example of AD/INST/20 concerning the SEP 2 Automatic Pilot Trim Servomotor, is conducted with careful consideration of international obligations and domestic safety requirements. The cancellation of such an AD, as in this instance, is based on the assessment that the unsafe condition no longer exists, and no further action is necessary to maintain airworthiness.