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/33 Amendment 1 affecting King KAP/KFC 200 Autopilot. CASA has assessed this AD and as a result has cancelled Australian AD/INST/33 Amendment 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, enacted to ensure the safety and efficiency of civil aviation in Australia, provides the framework within which the Civil Aviation Safety Regulations 1998 operate. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as articulated in section 98. These regulations include provisions for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility primarily vested in the State of Design under Annex 8 to the Convention on International Civil Aviation, with the State of Registry ensuring compliance. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, issuing ADs as necessary to comply with international obligations and ensure safety standards are met.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning certain types of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are legislative instruments that must be assessed and, if necessary, issued in accordance with Australia's obligations under the Convention on International Civil Aviation. The State of Design of an aircraft type has primary responsibility for ensuring its continuing airworthiness, and ADs are a common means by which this responsibility is discharged. In Australia, the State of Registry of an individual aircraft is responsible for its continuing airworthiness, and CASA, as the national airworthiness authority, must evaluate and act upon ADs issued by the State of Design. In this instance, CASA has cancelled Australian AD/INST/33 Amendment 1 concerning the King KAP/KFC 200 Autopilot, as the unsafe condition it was addressing no longer exists. Given that the cancellation results from international obligations, no consultation with the Australian public or Regulatory Impact Statement was required. The AD cancellation was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the relevant provisions of the Act.
Key Provisions
The primary sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that are relevant to the issuance and management of airworthiness directives (ADs) include sections 98 (subsections 84A(2)) and regulation 39.001, which authorise the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products (sections 98 and 39.001(5)). ADs are legislative instruments and, as such, they are subject to disallowance under the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003 (section 6). The State of Design of an aircraft type is responsible for its continuing airworthiness and must provide necessary information to ensure it (Annex 8 to the Convention on International Civil Aviation). The State of Registry is also responsible for the continuing airworthiness of individual aircraft, and must develop or adopt requirements to ensure this (Annex 8). When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD (Annex 8 and Civil Aviation Safety Regulations 1998, regulation 39.001).
These provisions impose a number of obligations on CASA and other parties. CASA is responsible for assessing the information provided by the State of Design and issuing an Australian AD if necessary (Civil Aviation Safety Regulations 1998, regulation 39.001). The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft on its register (Annex 8). The State of Design is responsible for providing necessary information to ensure the continuing airworthiness of aircraft types (Annex 8). CASA must cancel an AD if the unsafe condition it addresses no longer exists (Civil Aviation Safety Regulations 1998, regulation 39.001).
There are no specific offences, penalties, or civil/criminal consequences mentioned for breach of the ADs or related provisions in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, failure to comply with an AD could potentially result in a range of regulatory actions, including fines, suspension or revocation of aircraft certificates, or other enforcement actions. The maximum penalties for such actions would depend on the specific circumstances of the case and the relevant legislation.