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-2/8 affecting Pitts model 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 provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act grants the Governor-General the authority to make regulations necessary for the safety of air navigation, including the establishment of regulations that allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as crucial tools in maintaining the continuing airworthiness of aircraft, in alignment with Australia's obligations under the Convention on International Civil Aviation, particularly those outlined in Annex 8. The Civil Aviation Safety Regulations 1998 further detail the mechanisms by which CASA can implement these directives, and the process through which such regulations can be disallowed or reviewed. The Act aims to ensure that the standards of airworthiness are maintained, reflecting the policy objective of enhancing aviation safety through regulatory oversight and adherence to international standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments intended to ensure the safety of air navigation. These directives apply to specified types of aircraft and aeronautical products, and are made in accordance with Annex 8 of 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 is responsible for ensuring the ongoing airworthiness of individual aircraft within its jurisdiction. CASA, acting on behalf of Australia's obligations under the Convention, has the authority to issue, review, and cancel ADs, such as the recent cancellation of AD/PITTS S-2/8 concerning Pitts model aircraft, effective from 15 January 2009. This cancellation, due to international obligations, did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was made by the Manager, Airframes, in the Airworthiness Engineering Group, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations for the purposes of the Act, particularly with a focus on the safety of air navigation. One of the key regulations is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is defined as a disallowable instrument under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which makes it a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the safety and compliance of the aircraft type to the appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this compliance. In Australia, CASA has the responsibility to issue ADs, which are critical for maintaining the continuing airworthiness of aircraft types. CASA has recently reviewed and cancelled AD/PITTS S-2/8, which affected Pitts model aircraft, and this cancellation will become effective on 15 January 2009. No replacement AD is required due to this cancellation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other relevant authorities include ensuring that ADs are issued in accordance with the safety standards set out by the Convention on International Civil Aviation and other relevant international and domestic regulations. CASA must also ensure that any AD issued is consistent with Australia's obligations under the Convention on International Civil Aviation. Since the cancellation of AD/PITTS S-2/8 is due to Australia’s obligations under the Convention, no consultation with the Australian public was necessary, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
In terms of penalties and consequences, the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs. However, general provisions in the Civil Aviation Act 1988 allow for penalties for non-compliance with regulations. Non-compliance with ADs can result in significant safety risks, and CASA can take enforcement actions against operators who fail to comply with ADs. These actions can include fines, suspension or revocation of airworthiness certificates, and other regulatory measures to ensure compliance. The exact penalties for non-compliance are determined based on the severity of the breach and the specific circumstances of the case.