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/PITTS S-2/12 affecting Pitts model S-1S aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 15 January 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, Airframes in the Airworthiness Engineering Group, 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 of air navigation and to establish a regulatory framework governing civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations, including issuing airworthiness directives (ADs), as per section 98, to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulatory mechanism is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for continuing airworthiness on the State of Design and requires the dissemination of necessary information to States of Registry. The ADs serve as a primary tool for continuing airworthiness information among ICAO Contracting States. In accordance with these international obligations, CASA has cancelled AD/PITTS S-2/12 affecting Pitts model S-1S aircraft, effective from 15 January 2009, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are issued under the authority of regulation 39.001 and are considered legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The ADs are pivotal in maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to ensure ongoing airworthiness and provide necessary information to States of Registry. The State of Registry, in turn, is responsible for implementing and enforcing these requirements for individual aircraft. In the case of Pitts model S-1S aircraft, CASA had previously issued AD/PITTS S-2/12, which has now been cancelled, effective 15 January 2009, due to Australia’s obligations under the Convention on International Civil Aviation. This cancellation did not require public consultation or a Regulatory Impact Statement, and no replacement AD is deemed necessary. The directive was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, are found in sections 98 and 39.001, which enable the Governor-General and the Civil Aviation Safety Authority (CASA) respectively to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as indicated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. They serve as a means to ensure the continuing airworthiness of aircraft in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Design, where the aircraft was designed, has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, where the aircraft is registered, is responsible for the continuing airworthiness of individual aircraft.
Under these provisions, CASA is empowered to issue ADs, which are legally binding instruments that require compliance from the relevant aircraft owners or operators. Such directives may specify maintenance, repair, or modification requirements, and they are intended to address any safety issues or deficiencies identified in specific aircraft types. The State of Registry is required to develop or adopt measures to ensure the compliance with ADs and the continuing airworthiness of aircraft within its jurisdiction.
Failure to comply with an AD can result in serious consequences, as it may compromise the safety of the aircraft and its occupants. Under section 16 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and is liable to a penalty. The maximum penalty for an individual is 500 penalty units, while for a body corporate, the maximum penalty is 2,500 penalty units. Furthermore, CASA may take enforcement actions, such as grounding non-compliant aircraft or imposing fines or other sanctions on the responsible parties. These provisions underscore the importance of adhering to ADs to ensure the safety of civil aviation in Australia.