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.
CASA has issued AD/JABIRU/1 to correct an unsafe situation on Jabiru aircraft. The AD requires an initial and repetitive inspection to detect a condition that can lead to the jamming of flight controls. As Australia is the State of Design for the Jabiru, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. AD/JABIRU/1 will become effective on 13 December 2010.
CASA has not consulted with the Australian industry and public due to the serious safety of flight risk and requirement to issue an Airworthiness Directive that needs to be carried out before further flight after the effective date of the AD.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for ensuring the safety and efficiency of civil aviation in Australia. This legislation grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, in order to maintain and enhance the safety of aircraft in the Australian Register. The objective is to ensure that aircraft remain in a condition that is safe for flight, thereby protecting the public and supporting the efficient and safe operation of civil aviation. As part of this, CASA is responsible for assessing and issuing ADs when necessary, such as AD/JABIRU/1, which was issued to address a safety issue with Jabiru aircraft. The issuing of ADs is a legislative instrument under the Legislative Instruments Act 2003 and aligns with international standards set forth by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives in Australia, ensuring the safety of air navigation. The Act and Regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. Such directives are legislative instruments under the Legislative Instruments Act 2003 and are required to comply with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry, including Australia. CASA, as the national airworthiness authority, must issue Australian airworthiness directives to enforce the requirements of the State of Design. This regulatory framework ensures that unsafe conditions identified in aircraft types are promptly addressed to maintain the highest safety standards in aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the ADs are critical for maintaining the safety and airworthiness of aircraft. For instance, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure safety. The State of Registry, in this case CASA as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. In the specific case of the Jabiru aircraft, AD/JABIRU/1 has been issued by CASA to address a safety concern related to potential jamming of flight controls. This directive mandates initial and repetitive inspections to detect and rectify the issue.
Failure to comply with the requirements set forth in an AD can lead to significant civil and criminal consequences. While specific penalties are not detailed in the provided text, non-compliance with ADs generally falls under the broader regulatory framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Penalties may include fines, suspension or revocation of aircraft certificates, and other enforcement actions deemed necessary to ensure compliance and maintain safety standards. The seriousness of the safety risk associated with AD/JABIRU/1 has led to its prompt issuance without consultation with the industry and public, highlighting the urgency and importance of adhering to such directives.