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-2/9 affecting Pitts S-1S 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, 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 was enacted to regulate the safety aspects of civil aviation in Australia, ensuring that the highest safety standards are maintained for air navigation. This Act grants the Governor-General the authority to create regulations that contribute to the safety of air navigation, as specified in section 98. In this context, the Civil Aviation Safety Regulations 1998 were introduced, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products under regulation 39.001. The objective of these regulations is to uphold the continuing airworthiness of aircraft, in line with Australia's commitments under the Convention on International Civil Aviation. Specifically, the State of Design has the overarching responsibility for an aircraft type's continuing airworthiness, while the State of Registry is tasked with ensuring the individual aircraft's continuing airworthiness. The AD/PITTS S-2/9, which had been issued by CASA or its predecessors, has been cancelled effective 15 January 2009, in compliance with international obligations, without the need for public consultation or a Regulatory Impact Statement. This cancellation was executed 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.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, with the overarching objective of ensuring the safety of air navigation. According to the Act and Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. This legislative authority is derived from the international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types and the State of Registry to ensure such airworthiness. The ADs are considered legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Notably, the ADs do not require a Regulatory Impact Statement or public consultation, as determined by the Office of Best Practice Regulation, due to their specific regulatory nature. The issuance and cancellation of ADs, such as AD/PITTS S-2/9 affecting the Pitts S-1S model aircraft, are conducted by CASA and are subject to international standards and obligations, ensuring alignment with global aviation safety protocols.
Key Provisions
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 (39.001(5)). These ADs are legislative instruments, as confirmed by subregulation 39.001(5) in conjunction with section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. In line with Annex 8 of the Convention on International Civil Aviation, the State of Design bears the responsibility for the ongoing airworthiness of an aircraft type, which includes providing necessary information to the States of Registry to ensure the aircraft's continued airworthiness. Meanwhile, the State of Registry is tasked with developing or adopting requirements to ensure the ongoing airworthiness of individual aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the issuance of ADs to maintain the safety of aircraft. For example, CASA issued AD/PITTS S-2/9 concerning the Pitts S-1S model aircraft, which has now been cancelled as of 15 January 2009. The cancellation of this AD was necessary due to Australia's obligations under the Convention on International Civil Aviation, and it reflects the dynamic nature of airworthiness management. CASA’s role in ensuring compliance with international standards is critical, as these directives are pivotal in maintaining the safety and airworthiness of aircraft in Australia.
Breaches of the obligations under the Civil Aviation Safety Regulations 1998 can lead to significant legal consequences. CASA has the authority to enforce compliance with ADs, and failure to adhere to these directives can result in substantial penalties. Although specific maximum penalties are not detailed in the provided text, non-compliance with airworthiness directives can lead to serious legal repercussions, including potential civil and criminal penalties. The consequences underscore the importance of adhering to these regulations to ensure the safety and airworthiness of aircraft within Australia.