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.
CASA issued AD/MU-2/7, affecting Mitsubishi MU-2 model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. The Act provides the framework for regulating the airworthiness of aircraft and related activities, with the overarching goal of enhancing public safety. Pursuant to section 98 of this Act, the Governor-General has the authority to make regulations for the purposes of the Act, specifically to address safety in air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901, and their creation aligns with the requirements set out in the Legislative Instruments Act 2003. The Act and its associated regulations are designed to ensure that Australia meets its obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with the responsibility of maintaining the continuing airworthiness of aircraft types, and the State of Registry is responsible for the airworthiness of individual aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. These ADs, serving as legislative instruments, are issued to ensure the continuing airworthiness of aircraft in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. Each State of Design has the responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry must implement the necessary requirements to maintain airworthiness. CASA, as Australia’s national airworthiness authority, assesses information from States of Design and, if necessary, issues Australian ADs to enforce these requirements. The specific AD/MU-2/7 for Mitsubishi MU-2 model aircraft, originally issued in 1972, has been reviewed and cancelled by CASA effective 17 January 2008, as the safety concerns it addressed are now covered by AD/GENERAL/74 Amendment 1. No public consultation was required for this cancellation due to its minimal impact on regulatory burden, and it was determined that a Regulatory Impact Statement is not necessary.
Key Provisions
The main sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to the issuance of airworthiness directives (ADs) include section 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The issuance of these directives is governed under regulation 39.001(5), which specifies that an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901 and a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that ADs carry legal weight and are subject to parliamentary disallowance and review.
These ADs are critical for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the type of aircraft, must provide necessary information to ensure that aircraft remain airworthy. The State of Registry, where the aircraft is registered, must then develop or adopt requirements to ensure this airworthiness. In Australia, CASA is tasked with assessing any ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements.
In the specific case of AD/MU-2/7, which affects Mitsubishi MU-2 model aircraft from 1972, CASA has reviewed and decided to cancel the directive. This cancellation, effective from 17 January 2008, is based on the fact that the original safety concerns are now addressed by another directive, AD/GENERAL/74 Amendment 1. Consequently, no new AD is required. CASA did not consult the Australian public on this cancellation as it results in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
There are also obligations and requirements imposed by the Act and the CASR on the parties involved. CASA, as the national airworthiness authority, must ensure that any AD issued complies with safety standards and that the information provided by the State of Design is accurate and sufficient. The State of Registry must implement the requirements set out in the ADs to maintain the airworthiness of aircraft registered within its jurisdiction. Failure to comply with these directives can result in significant safety risks, potentially leading to severe civil or criminal consequences.
Under the Civil Aviation Act 1988 and the CASR, breaches of ADs can lead to serious consequences. Non-compliance with an AD can result in the grounding of an aircraft, fines, and other penalties. In severe cases, such as where non-compliance leads to an accident or serious incident, individuals or companies may face criminal charges. The penalties for breaches can vary significantly depending on the nature and severity of the offence. For example, under the Civil Aviation Act 1988, a person who contravenes a regulation can be fined up to $126,000 for an individual and $630,000 for a body corporate. In more serious cases, where the breach results in death or serious injury, the penalties can be even more severe, with potential fines and imprisonment terms outlined in the Act.