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/16 affecting VHF COM/NAV Equipment ARC Type 319A and 319G. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/16. 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 was enacted to ensure the safety of air navigation in Australia. The Act provides the authority for the Governor-General to make regulations for the safety of air navigation, and under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were made. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are a legislative instrument, and under the Legislative Instruments Act 2003, they are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are a common form of continuing airworthiness information, and are issued by most ICAO Contracting States, including Australia. In accordance with the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and the State of Registry of an individual aircraft is responsible for its continuing airworthiness. CASA has cancelled Australian AD/RAD/16 affecting VHF COM/NAV Equipment ARC Type 319A and 319G because the unsafe condition no longer exists.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products in order to ensure the continuing safety of air navigation. The ADs are legislative instruments under the Legislative Instruments Act 2003 and must be consistent with international standards set by the International Civil Aviation Organization (ICAO). The ADs are issued under the authority of the State of Registry, which in the case of Australian registered aircraft, is CASA. This Act applies to all aircraft and aeronautical products registered in Australia, and the issuance of ADs is a mechanism to address safety concerns identified by the State of Design or CASA. The ADs are issued to ensure compliance with continuing airworthiness requirements, and in the event that an AD is no longer necessary, it can be cancelled. In such cases, the AD cancellation is a result of the obligations under the Convention on International Civil Aviation, and no public consultation is required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act (1) allows the Governor-General to make regulations, and regulation 39.001 (2) authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Section 39.001(5) (3) of the Regulations states that an AD is a disallowable instrument, meaning it can be annulled by Parliament, and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 (4).
These airworthiness directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. The State of Design, which is the country where the aircraft type was designed, is required under Annex 8 of the Convention on International Civil Aviation (5) to provide necessary information to ensure airworthiness. The State of Registry, where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft (6). When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is obligated to assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design (7).
In the specific case of AD/RAD/16, which affected VHF COM/NAV Equipment ARC Type 319A and 319G, CASA evaluated the AD and subsequently cancelled it. This cancellation, which will take effect on 9 April 2009 (8), was due to the unsafe condition no longer existing, and no replacement AD is required (9). The cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement was required (10). The AD was issued 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 (11).
Under these regulations, entities such as aircraft manufacturers, operators, and maintenance organisations have obligations to comply with ADs. Failure to comply can result in significant legal consequences. Section 37 of the Civil Aviation Act 1988 imposes civil penalties for non-compliance with airworthiness directives, including fines up to $22,230 for individuals and $111,150 for corporations (12). Additionally, CASA has the authority to issue infringement notices for certain non-compliance issues under section 116A (13). Criminal penalties can also apply, such as imprisonment for up to five years for serious violations, under section 39 (14). Therefore, adherence to airworthiness directives is critical to avoid both civil and criminal penalties.