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/MCH/4 affecting Aero Resourses J2 series gyroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/MCH/4. The cancellation will become effective on
27 August 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for comprehensive safety standards and regulatory oversight in the aviation industry. One of the mechanisms introduced under this Act is the issuance of airworthiness directives (ADs), which are crucial for maintaining the continuing airworthiness of aircraft. These ADs are established under regulation 39.001 of the Civil Aviation Safety Regulations 1998, with CASA (Civil Aviation Safety Authority) empowered to issue them for specific types of aircraft or aeronautical products. The ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003. The enactment of the Civil Aviation Act 1988 and its associated regulations was driven by the need to align Australian aviation safety standards with international conventions, particularly Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of States of Design and Registry in ensuring the airworthiness of aircraft types.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory mechanism ensures the continuing airworthiness of aircraft registered in Australia and aligns with Australia's international obligations under the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of aircraft types, while the State of Registry, in this case CASA, must ensure that Australian-registered aircraft meet continuing airworthiness standards. This includes assessing and, if necessary, issuing Australian ADs based on directives from the State of Design. The specific AD/MCH/4 for Aero Resourses J2 series gyroplanes has been cancelled by CASA, effective from 27 August 2009, due to the resolution of the unsafe condition it was addressing, thereby eliminating the need for further public consultation or a Regulatory Impact Statement. This AD cancellation underscores the dynamic nature of air safety regulations, adapting to evolving safety standards and aircraft conditions.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, outline the framework for issuing airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This includes evaluating the safety information provided by the State of Design and determining if it applies to aircraft on the Australian register. The State of Registry, which in this case is Australia, must develop or adopt requirements to ensure the airworthiness of the aircraft. For example, CASA has cancelled the Australian AD/MCH/4 concerning Aero Resources J2 series gyroplanes, as the unsafe condition that originally prompted the AD no longer exists.
Failure to comply with ADs can lead to severe consequences. Under section 95 of the Civil Aviation Act 1988, non-compliance with an AD may result in a breach of the regulations, leading to potential enforcement actions by CASA. Civil penalties may be imposed for non-compliance, with the maximum penalty varying based on the severity of the breach. In addition, non-compliance with ADs can also result in criminal charges, where offenders may face fines and imprisonment. The exact penalties depend on the specific breach and are determined by relevant aviation authorities.
It is important to note that because this AD cancellation was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public was required. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.