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/22 affecting Aerosound 555-900 Press-to-Talk assembly. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/22. 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 by the Parliament of Australia, establishes the framework for civil aviation safety within the country. The Act empowers the Governor-General to create regulations that align with the Act’s objectives and promote the safety of air navigation. Complementing this Act are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments that ensure aircraft continue to meet safety standards and are mandated by the Convention on International Civil Aviation, under which the State of Design has primary responsibility for an aircraft type's continuing airworthiness. CASA, as Australia's national airworthiness authority, must issue corresponding ADs when necessary to maintain safety standards on the Australian Register. In the case of Aerosound 555-900 Press-to-Talk assembly, CASA cancelled the Australian AD/RAD/22 following an assessment, as the unsafe condition no longer existed, thus fulfilling Australia’s obligations under international conventions.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation within Australia. Specifically, under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance and review under the Legislative Instruments Act 2003. ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, while the State of Registry, in this case CASA, ensures that these directives are appropriately adopted and enforced within Australian jurisdiction. The cancellation of an AD, such as Australian AD/RAD/22 for the Aerosound 555-900 Press-to-Talk assembly, is made in line with international obligations under the Convention on International Civil Aviation, and such actions do not require public consultation or a Regulatory Impact Statement. The AD was issued and subsequently cancelled by CASA's Manager, Systems and New Technologies, within the Airworthiness Engineering Group, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that ADs are disallowable instruments. Annex 8 of the Convention on International Civil Aviation assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, necessitating the provision of necessary information to States of Registry. Conversely, the State of Registry holds the duty to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily directed towards CASA, as Australia's national airworthiness authority. When a State of Design issues an AD against an aircraft type registered in Australia, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design's requirements. This ensures that Australian aircraft maintain their airworthiness in alignment with international standards. CASA has the authority to issue, amend, or cancel ADs based on their assessments, which in this case led to the cancellation of Australian AD/RAD/22 concerning the Aerosound 555-900 Press-to-Talk assembly. The cancellation of this AD was due to the resolution of the unsafe condition it addressed, and it became effective on 9 April 2009, with no replacement AD being necessary.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are potential consequences for non-compliance with ADs. Although specific offences and penalties are not detailed in the provided text, it is implied that failing to adhere to mandated ADs could result in legal ramifications. The Civil Aviation Act 1988 and associated regulations would likely include provisions for fines, imprisonment, or other penalties for non-compliance, although these specifics are not outlined in the provided excerpt. The authority to issue ADs and the associated regulatory framework underscore the importance of adhering to these directives to maintain the safety and airworthiness of aircraft.