AD/INST/36 - Collins ALI-80( ) Barometric Altimeter - CANCELLED

Overview

The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and to establish the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. This legislation was introduced to address the need for a comprehensive framework to ensure the safety of air navigation and to implement international standards and recommended practices as required by the Convention on International Civil Aviation. 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. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to maintain the continuing airworthiness of aircraft in accordance with international standards and to mandate requirements when necessary.

Scope and Application

The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These regulations apply to all aircraft registered in Australia and their aeronautical products, mandating that the State of Registry, in this case CASA, must ensure the continuing airworthiness of these aircraft. Any AD issued under these regulations is a legislative instrument and is subject to disallowance. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of aircraft types, and CASA must assess and implement these directives when applicable to aircraft on the Australian Register. The process of issuing and cancelling ADs is conducted without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group at CASA, in accordance with the provisions of the Civil Aviation Act 1988.

Key Provisions

The main sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that are pertinent to the issue of airworthiness directives are section 98 and regulation 39.001, respectively. Section 98 empowers the Governor-General to make regulations for the purposes of the Act, particularly to ensure the safety of air navigation. Regulation 39.001 then allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure that aircraft and aeronautical products remain in a safe condition, aligning with international standards set by the Convention on International Civil Aviation. The obligations imposed by the Act and the Regulations on parties and entities are multifaceted. The State of Design, which is responsible for the design of the aircraft, must provide all necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is the country where the aircraft is registered, has the obligation to develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its registry. CASA, as Australia's national airworthiness authority, is tasked with assessing the airworthiness information provided by the State of Design and, if necessary, issuing an Australian AD to mandate the requirements for aircraft registered in Australia. These obligations are integral to maintaining the safety standards in civil aviation. Breaches of the regulations and requirements set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. While the specific offences and penalties are not detailed in the provided text, typically, violations of aviation safety regulations can lead to both civil and criminal penalties. Civil penalties might include fines, while criminal penalties could result in imprisonment, depending on the severity of the breach and the impact on aviation safety. The exact penalties would be determined by the relevant courts and are usually outlined in other sections of the Act or related legislation. The legislative instruments, such as ADs, are designed to prevent such breaches by ensuring that all parties comply with the stringent safety standards. The legislative process for issuing and cancelling ADs, as outlined in the text, includes several formal steps. An AD, such as AD/INST/36 affecting Collins ALI-80 Barometric Altimeters, is issued by CASA after assessing the necessity based on safety concerns. The cancellation of such an AD, as in the case of AD/INST/36 due to the resolution of the unsafe condition, is also a formal process that follows the legislative requirements. Importantly, since these ADs are considered legislative instruments, their creation and cancellation are subject to specific legislative procedures, ensuring transparency and adherence to legal standards. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, simplifying the process while maintaining rigorous safety oversight.