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.40/6 Amdt 1 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 was enacted to ensure the safety of air navigation and to provide a regulatory framework for civil aviation in Australia. This legislation empowers the Governor-General to make regulations that contribute to the overarching objective of aviation safety. One such regulation is outlined in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are crucial for maintaining the continuing airworthiness of aircraft, in alignment with Australia's commitments under the Convention on International Civil Aviation. The Civil Aviation Safety Authority, acting on behalf of the Governor-General and in accordance with the Act, has the authority to issue, review, and cancel such directives to ensure compliance with international standards and Australian regulations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the regulatory body responsible for their creation and implementation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation and the responsibilities of the State of Registry and State of Design as outlined in Annex 8. The ADs serve as a standard form of continuing airworthiness information globally, with the State of Registry bearing the responsibility for ensuring the airworthiness of individual aircraft. The cancellation of AD/L.40/6 Amdt 1 for the Meta Sokol L.40 aircraft, effective from 27 August 2009, was conducted by CASA without public consultation, as determined by the Office of Best Practice Regulation, which also concluded that such ADs do not require a Regulatory Impact Statement.
Key Provisions
The primary operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations that contribute to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are legislative instruments under the Acts Interpretation Act 1901, and they are subject to disallowance. These provisions establish the authority and process for CASA to issue ADs to ensure the continuing airworthiness of aircraft in Australia.
The obligations imposed by these regulations on CASA and the entities they govern are significant. CASA, as the regulatory body, must ensure that ADs are issued to maintain the safety and airworthiness of aircraft. The State of Design has the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. In Australia, the State of Registry, represented by CASA, must develop or adopt requirements to ensure that individual aircraft remain airworthy. This includes reviewing and, if necessary, cancelling existing ADs, as seen in the case of AD/L.40/6 Amdt 1 for Meta Sokol L.40 aircraft, which CASA has reviewed and subsequently cancelled. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation.
Failure to comply with ADs can result in serious consequences. Although the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs, non-compliance generally leads to serious safety risks. CASA can take enforcement action against operators who fail to comply with ADs, which may include grounding of aircraft, fines, or other regulatory measures. The severity of the consequences can vary depending on the nature and impact of the non-compliance, but the overarching principle is that compliance with ADs is mandatory to ensure the safety of air navigation.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also ensure that the processes for issuing and cancelling ADs are transparent and in line with international standards. Since ADs are legislative instruments, they are subject to the requirements of the Legislative Instruments Act 2003, including disallowance provisions. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, reflecting the specialised nature of aviation safety regulation. Additionally, because the cancellation of the AD in question was driven by international obligations, there was no requirement for public consultation. The AD cancellation was made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Group, on behalf of CASA, in accordance with section 84A(2) of the Act, ensuring that the process adheres to internal and external regulatory standards.