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/L200/8 affecting Morava L200 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/L200/8. The cancellation will become effective on
2 July 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, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation and operations. This Act empowers the Governor-General to create regulations in the interest of air navigation safety, as seen in the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. ADs, which are legislative instruments, serve as a means for the Civil Aviation Safety Authority (CASA) to mandate safety measures on aircraft types registered in Australia, aligning with international standards under the Convention on International Civil Aviation. In 2009, CASA cancelled an AD concerning the Morava L200 series aeroplanes, reflecting the resolution of an identified safety issue and compliance with international airworthiness responsibilities. This cancellation was made without public consultation and did not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and its subsidiary regulations, particularly the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General may make regulations in the interests of safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for airworthiness information. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. This ensures compliance with international standards and maintains the safety of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, through sections such as 98, allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are a legislative instrument, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations under this legislation primarily focus on ensuring the safety and airworthiness of aircraft. For instance, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must adopt requirements to maintain the airworthiness of registered aircraft. In the case of Australia, CASA must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures.
Failing to comply with an AD can lead to serious consequences. Section 84A(2) of the Civil Aviation Act 1988 outlines the authority under which these directives are issued. Although no consultation with the Australian public is required for ADs, as determined by the Office of Best Practice Regulation, any breach of these directives can result in penalties. The specifics of these penalties are not detailed in the provided text, but they can include fines, imprisonment, or other civil or criminal consequences, depending on the severity of the breach.
The cancellation of AD/L200/8, for example, was due to Australia’s obligations under the Convention on International Civil Aviation, indicating that adherence to international standards is crucial. This directive was cancelled because the unsafe condition it was meant to address no longer exists, and no replacement AD was required. The authority for issuing and cancelling such directives lies with CASA, ensuring that the safety regulations are continuously updated to reflect the latest safety standards.