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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/L.40/2 affecting Meta Sokol L.40 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 27 August 2009. No replacement AD is required.
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, Initial Airworthiness in the Airworthiness and 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 of air navigation, grants the Governor-General the authority to establish regulations as per section 98, with the overarching aim of safeguarding air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. This legislative framework is designed to maintain the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design bearing the primary responsibility for providing necessary information to the States of Registry. The Civil Aviation Safety Regulations 1998 stipulate that the State of Registry must establish or adopt requirements to ensure the ongoing airworthiness of aircraft. In this context, CASA has issued, reviewed, and subsequently cancelled AD/L.40/2 for Meta Sokol L.40 aircraft, effective from 27 August 2009, without the need for a replacement AD, in accordance with Australia's international obligations and without public consultation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments and apply to the specific types of aircraft or aeronautical products specified within them. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn are responsible for ensuring the ongoing airworthiness of individual aircraft. The cancellation of an airworthiness directive, such as AD/L.40/2 affecting Meta Sokol L.40 aircraft, reflects Australia's adherence to international obligations under the Convention on International Civil Aviation, particularly Annex 8. The cancellation of this directive, effective from 27 August 2009, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The authority to issue such directives is exercised by the Manager, Initial Airworthiness within CASA's Airworthiness and Engineering Group, pursuant to the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and are disallowable under section 46A of the Acts Interpretation Act 1901, as outlined in subregulation 39.001(5). ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility assigned to the State of Design under Annex 8 of the Convention on International Civil Aviation. The State of Registry of an individual aircraft must also ensure the aircraft's continuing airworthiness by developing or adopting necessary requirements, as stipulated in Annex 8.
The obligations imposed by these regulations on CASA and the State of Registry include the duty to issue ADs to ensure the airworthiness of aircraft and aeronautical products. CASA, in its capacity as the regulator, must review and, when necessary, cancel existing ADs to align with Australia's international obligations and to maintain safety standards. For instance, CASA issued and subsequently cancelled AD/L.40/2 for the Meta Sokol L.40 aircraft, effective from 27 August 2009, due to the need to comply with international conventions. The State of Registry must ensure that aircraft under its purview meet the continuing airworthiness requirements and are compliant with any relevant ADs.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in civil and criminal consequences. The maximum penalties for breaches may vary depending on the severity of the violation. CASA, as the enforcing authority, can impose fines, suspend or revoke licenses, and take other regulatory actions against entities or individuals found to be in breach of the regulations. The detailed penalties are not specified in the provided text, but they can include substantial financial penalties and potential imprisonment for serious violations, reflecting the critical importance of adhering to airworthiness standards.