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/7 affecting Aero Resourses J2 series gyroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/MCH/7. 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with an emphasis on ensuring the safety and efficiency of air navigation. This Act grants the Governor-General the authority to make regulations in the interests of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further specify the process for issuing ADs, which serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The Act ensures that Australia adheres to international standards by requiring CASA to issue Australian ADs when necessary, reflecting the country’s commitment to global aviation safety norms. This legislative framework facilitates the collaboration between the State of Design and the State of Registry, ensuring that all stakeholders are informed and compliant with safety requirements.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Specifically, the Act allows the Governor-General to make regulations aimed at safety, while the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901. The ADs are designed to ensure the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA for Australia, must enforce these directives to maintain the safety standards of aircraft registered within their jurisdiction. The issuance and cancellation of ADs, such as the cancellation of AD/MCH/7 for Aero Resourses J2 series gyroplanes, reflect Australia’s commitment to international safety standards, and the process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework within which airworthiness directives (ADs) are issued, as per section 98 (1). The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory power is further detailed in subregulation 39.001(5), which states that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are thus legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA is obligated to assess any ADs issued by the State of Design, which has the primary responsibility for the continuing airworthiness of an aircraft type as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure that any ADs issued by the State of Design are assessed and, if appropriate, translated into an Australian AD to mandate the necessary requirements. This process ensures that Australian aircraft comply with international safety standards.
Failure to comply with ADs can lead to serious consequences, as the ADs are integral to maintaining airworthiness. Although the Civil Aviation Act 1988 does not specify offences or penalties for non-compliance with ADs, non-compliance can result in the grounding of an aircraft or the suspension of an operator’s licence, which can have significant financial and operational repercussions. CASA's authority to enforce these regulations is crucial in maintaining safety standards and ensuring the public's protection.
The Civil Aviation Safety Authority has recently cancelled Australian AD/MCH/7 concerning the Aero Resourses J2 series gyroplanes. This cancellation, effective from 27 August 2009, was made due to the elimination of the unsafe condition previously identified. No replacement AD is required as the unsafe condition no longer exists. This decision was made in accordance with Australia’s obligations under the Convention on International Civil Aviation and did not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The Manager, Future Technology and Regulatory Trends, in CASA's Standards Development and Future Technology Division, issued this AD cancellation in line with subsection 84A(2) of the Act.