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/PZL/1, Amendment 3, affecting PZL M-18 Dromader model aircraft in 1996. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 12 February 2009. No replacement AD is required, as the original unsafe condition is now addressed by the type’s Maintenance Manual Airworthiness Limitations Section.
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 & Structures 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 comprehensive regulatory framework governing civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, with the overarching objective of maintaining the safety of air navigation. Under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were created to provide detailed operational requirements for airworthiness, among other things. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft and are aligned with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. CASA issued and subsequently decided to cancel AD/PZL/1, Amendment 3, which affected PZL M-18 Dromader model aircraft in 1996, effective from 12 February 2009. This cancellation was based on the assessment that the original unsafe condition is now addressed by the type's Maintenance Manual Airworthiness Limitations Section, thereby reducing the regulatory burden without the need for a replacement AD. The decision was made in accordance with the legislative framework and did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) that are aimed at ensuring the safety of air navigation. Regulation 39.001 of these regulations authorises CASA to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. These directives are fundamental for the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation, with the State of Design bearing primary responsibility for the airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft within its jurisdiction. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and issuing corresponding ADs to enforce the required safety measures. This legislative and regulatory structure applies to all aircraft and aeronautical products registered in Australia, and involves coordination with international standards and practices as outlined by ICAO.
Key Provisions
Under the Civil Aviation Act 1988, specifically section 98, the Governor-General has the authority to create regulations that align with the Act's objectives and prioritise air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and thus, an AD is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The State of Design is responsible for the ongoing airworthiness of an aircraft type, in accordance with Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the type's airworthiness to appropriate States of Registry. ADs are the most common form of continuing airworthiness information, issued by most ICAO Contracting States. The State of Registry, where an individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
In 1996, CASA issued AD/PZL/1, Amendment 3, affecting PZL M-18 Dromader model aircraft. After reviewing this AD, CASA has decided to cancel it, with the cancellation taking effect on 12 February 2009. A replacement AD is not required, as the original unsafe condition is now addressed by the type's Maintenance Manual Airworthiness Limitations Section. No public consultation was conducted regarding this AD cancellation, as it 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 cancellation was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The issuing of ADs and their subsequent cancellation is part of CASA's responsibility to ensure the safety of air navigation and the continuing airworthiness of aircraft in Australia.