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/MU-2/33 affecting Mitsubishi MU-2 aircraft. CASA has assessed this AD and as a result has cancelled AD/MU-2/33. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation and ensure safety, was introduced to address the need for a comprehensive legal framework governing civil aviation in Australia. This Act empowers the Governor-General to create regulations that align with the Act’s objectives, particularly focusing on the safety of air navigation. Complementing the Act are the Civil Aviation Safety Regulations 1998, which provide detailed operational guidelines, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These directives serve as essential tools for maintaining and ensuring the continuing airworthiness of aircraft, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority, acting under the authority granted by these regulations, plays a crucial role in assessing and issuing ADs, thereby fulfilling Australia’s obligations to both the State of Design and the State of Registry of aircraft, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in Australia. Specifically, regulation 39.001 allows CASA to issue ADs for types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are pivotal in ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design retains overall responsibility for the airworthiness of aircraft types and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. The cancellation of AD/MU-2/33, which affected Mitsubishi MU-2 aircraft, exemplifies this process, where CASA determined that the unsafe condition no longer existed, leading to the cancellation of the directive. The authority to issue these ADs extends to CASA officials, such as the Manager, Systems and New Technologies, within the Airworthiness Engineering Group, as per subsection 84A(2) of the Act. Notably, due to Australia's obligations under international conventions, these ADs do not typically require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are a crucial tool for ensuring the continuing airworthiness of aircraft and are considered legislative instruments, as stated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. The State of Design, which is responsible for the design of an aircraft type, must provide necessary information to ensure its continuing airworthiness, and the State of Registry must implement these requirements. In Australia, CASA assesses the information provided by the State of Design and, if necessary, issues an Australian AD to mandate the required safety measures.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities include the duty to assess and, if appropriate, issue Australian ADs in response to ADs issued by the State of Design. CASA is also responsible for cancelling ADs when the unsafe conditions they were intended to address no longer exist. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for breaching ADs. However, non-compliance with ADs can lead to severe consequences, including the potential grounding of aircraft, which could result in significant operational disruptions and financial losses for operators. Further, the failure to comply with ADs may lead to enforcement actions by CASA, including fines and other regulatory penalties. It is also worth noting that, under section 265 of the Civil Aviation Act 1988, a person who contravenes a direction given by CASA in relation to air navigation or air safety may be liable for civil penalties. The maximum penalty for such an offence can be up to 2,000 penalty units, which, at the time of writing, equates to approximately AUD 340,000.