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/MSR/29 affecting Aerospatiale 235 Rallye 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legislative framework for civil aviation in Australia, focusing on safety and efficiency. This Act provides the authority for the Governor-General to make regulations that ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the requirements for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The objective of these regulations is to uphold the highest safety standards in civil aviation, aligning with international conventions and obligations, such as the Convention on International Civil Aviation.
In accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA issued and subsequently cancelled AD/MSR/29 concerning Aerospatiale 235 Rallye aircraft. The cancellation, effective from 27 August 2009, was made to align with Australia’s international obligations under the Convention on International Civil Aviation, without necessitating public consultation. The Manager Initial Airworthiness in the Airworthiness and Engineering Branch at CASA issued this directive on behalf of CASA, as stipulated in the Act, ensuring compliance with the legislative requirements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) in Australia, which are legislative instruments aimed at ensuring the continuing airworthiness of aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. The scope of the ADs applies to any aircraft registered in Australia, as well as any aeronautical products used in Australian aviation. Geographically, these regulations apply within Australia's jurisdiction, encompassing both Commonwealth and state/territory boundaries. Notably, ADs are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO), reflecting Australia's obligations under the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry ensures that individual aircraft comply with relevant safety standards. In this instance, CASA has cancelled an existing AD affecting Aerospatiale 235 Rallye aircraft, which will take effect from 27 August 2009, without the need for a replacement directive, in alignment with international obligations and internal regulatory processes.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory authority is exercised under section 98 of the Civil Aviation Act 1988, with the overarching goal of ensuring the safety of air navigation. Subregulation 39.001(5) clarifies that these ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901. This framework is designed to maintain the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility for providing necessary information to States of Registry.
The obligations imposed by these regulations are primarily on CASA, the State of Registry, and the State of Design. CASA must ensure that ADs are issued where necessary to maintain airworthiness, which involves detailed reviews and assessments to determine when an AD should be issued, modified, or cancelled. The State of Registry is obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction, while the State of Design must provide any necessary information to support this goal. Both states must act in accordance with international standards and cooperate to maintain the highest safety levels.
In terms of legal consequences, the Act and the Regulations do not explicitly detail offences or penalties for non-compliance with ADs. However, the broader framework of the Civil Aviation Act 1988 provides for various penalties for breaches related to airworthiness and safety. For instance, section 124 imposes penalties for non-compliance with airworthiness directives, which can include fines and imprisonment. The exact penalties are not specified in this particular legislative instrument but are detailed in other sections of the Civil Aviation Act 1988. The cancellation of an AD, as in the case of AD/MSR/29 for Aerospatiale 235 Rallye aircraft, does not typically result in direct penalties for non-compliance but ensures that outdated or unnecessary safety measures are removed, thereby reducing potential risks.