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/19 affecting Aircom LVC-4 series Transceivers below S/No. 499. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/19. 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 provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, as illustrated by the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, designed to address specific airworthiness issues and ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, plays a pivotal role in assessing and issuing ADs, particularly when mandated by the State of Design of an aircraft type on the Australian Register. The explanatory statement highlights the process followed in cancelling AD/RAD/19 concerning Aircom LVC-4 series Transceivers, reflecting the authority’s commitment to maintaining safety standards in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia, with particular emphasis on the continuing airworthiness of aircraft and aeronautical products. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to mandate safety requirements for specific types of aircraft or aeronautical products. These ADs are legislative instruments and serve to implement Australia’s obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA as Australia’s national airworthiness authority, must ensure compliance with these directives for aircraft registered in Australia. This framework applies to all aircraft and aeronautical products within Australia’s jurisdiction, ensuring they meet the necessary safety standards set forth by both domestic and international regulations.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, provides the legislative basis for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 grants CASA the authority to issue ADs for specific types of aircraft or aeronautical products. This regulation also states that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and therefore considered a legislative instrument according to the Legislative Instruments Act 2003.
Under these provisions, CASA is obligated to assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft is maintained according to the standards set out in Annex 8 to the Convention on International Civil Aviation. Annex 8 outlines the responsibilities of the State of Design and the State of Registry for the continuing airworthiness of an aircraft type, with the State of Design providing necessary information to the States of Registry, and the States of Registry responsible for implementing the requirements to ensure airworthiness.
For the specific case of AD/RAD/19, which affected Aircom LVC-4 series Transceivers with serial numbers below 499, CASA has cancelled this directive due to the unsafe condition no longer existing. The cancellation, effective from 9 April 2009, was made in accordance with subsection 84A(2) of the Act and does not require a Regulatory Impact Statement or consultation with the Australian public, as determined by the Office of Best Practice Regulation. This decision reflects Australia's obligations under the Convention on International Civil Aviation.
The issuance and cancellation of ADs are significant actions that can result in various consequences if not properly managed. While the specific regulations do not outline detailed penalties for non-compliance with ADs, breaches of airworthiness requirements can lead to severe civil or criminal penalties under other sections of the Civil Aviation Act 1988, including fines and imprisonment. Additionally, failure to comply with an AD can result in the grounding of an aircraft or aeronautical product, which can have substantial financial and operational repercussions for airlines and other affected entities.