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.
The Civil Aviation Safety Authority or its predecessors issued AD/RAD/15 affecting VHF COM/MAV Equipment ARC Type 317A. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/15. The cancellation will become effective on 9 April 2009. No replacement AD is required, as the unsafe condition no longer exists.
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, enacted to ensure the safety of air navigation, empowers the Governor-General to create regulations under section 98. This legislative framework is further refined by the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft and aeronautical products through regulation 39.001. These ADs, which are legislative instruments as per the Legislative Instruments Act 2003, are critical for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for ensuring the airworthiness of aircraft types, while the State of Registry, such as CASA in Australia, must enforce these standards domestically. The recent cancellation of Australian AD/RAD/15, which affected VHF COM/MAV Equipment ARC Type 317A, was enacted by CASA to align with international safety standards and due to the resolution of the unsafe condition, without necessitating public consultation or a Regulatory Impact Statement. This action was carried out by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia, with the aim of ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards and obligations under the Convention on International Civil Aviation. The ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design of an aircraft type holds the primary responsibility for ensuring its continuing airworthiness, while the State of Registry, in this case CASA, must implement the necessary measures to enforce compliance with any issued ADs. This regulatory framework ensures that Australian aircraft maintain the required safety standards, with CASA playing a pivotal role in assessing and implementing ADs issued by the State of Design or other relevant authorities.
Key Provisions
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation (sections 98 and 39.001). According to regulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments in accordance with the Legislative Instruments Act 2003. Essentially, these ADs are regulatory measures designed to mandate specific actions to maintain the airworthiness of aircraft types.
The obligations imposed by these regulations necessitate that CASA, as the national airworthiness authority, must review and evaluate any ADs issued by the State of Design concerning aircraft types registered in Australia. If deemed necessary, CASA is required to issue corresponding Australian ADs to ensure compliance with the continuing airworthiness requirements set forth by the State of Design (Annex 8, Convention on International Civil Aviation). This involves a rigorous assessment process to ensure that any unsafe conditions identified are appropriately addressed.
The issuance of ADs, such as the one affecting VHF COM/MAV Equipment ARC Type 317A, mandates compliance by aircraft operators and manufacturers. These directives could include specific maintenance actions, design modifications, or operational limitations. Failure to adhere to these requirements can lead to serious safety issues, and non-compliance is taken very seriously under aviation law. CASA’s role in assessing and issuing these ADs underscores the importance of maintaining high safety standards in aviation.
Regarding the cancellation of Australian AD/RAD/15, it is crucial to note that such actions are taken when the unsafe condition identified in the original directive no longer exists. This specific cancellation was implemented due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD was necessary. However, any breach of these ADs or failure to comply with the safety requirements can result in severe penalties, including fines and potential criminal charges. The maximum penalties for such breaches can be significant, reflecting the gravity of ensuring air safety.