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/32 affecting Garrett Emergency Locator Transmitters Rescue 88 and 88L. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/32. 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 Australian Parliament, aims to regulate 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 aviation safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific aircraft or aeronautical products, which are legislative instruments subject to disallowance by Parliament. These directives are essential for maintaining the continuing airworthiness of aircraft types, aligning with international standards set by the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. The cancellation of Australian AD/RAD/32 for Garrett Emergency Locator Transmitters Rescue 88 and 88L, effective from 9 April 2009, exemplifies this regulatory process, reflecting Australia’s commitment to international obligations and ensuring the safety of aircraft operating within the country.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, with the overarching objective of ensuring the safety of air navigation. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are made in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and mandates that it provide necessary information to the States of Registry to ensure ongoing airworthiness. CASA, as Australia’s national airworthiness authority, is required to assess information from the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under section 98 of the Act, the Governor-General has the authority to make regulations that pertain to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These ADs are integral to 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 continuing airworthiness of an aircraft type, providing necessary information to the States of Registry. The State of Registry, in turn, is responsible for implementing measures to maintain the airworthiness of individual aircraft registered within its jurisdiction. When an AD is issued by a State of Design concerning an aircraft type registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
In the specific case of AD/RAD/32, which pertains to Garrett Emergency Locator Transmitters Rescue 88 and 88L, CASA has determined that the unsafe condition addressed by this directive no longer exists. Consequently, CASA has cancelled Australian AD/RAD/32, effective from 9 April 2009, and no replacement AD is required. Given that this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public was necessary. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. 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 Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties involved. CASA must rigorously assess any ADs issued by States of Design to determine their applicability to Australian-registered aircraft. If an AD is deemed necessary, CASA must promptly issue an Australian AD to ensure compliance. Additionally, the State of Registry must implement and enforce the requirements set out in any applicable ADs to maintain the airworthiness of aircraft registered within its jurisdiction. These obligations are crucial to upholding the safety standards mandated by the Civil Aviation Act 1988 and the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 also delineate the potential consequences for non-compliance with ADs. Failure to adhere to an AD can result in serious safety risks, and CASA has the authority to take enforcement action against non-compliant aircraft. In cases of significant non-compliance, CASA may impose civil or criminal penalties. The severity of these penalties can vary, but they are designed to ensure that all stakeholders prioritise the safety and airworthiness of aircraft. The specific penalties are not detailed in the provided text, but they serve as a deterrent against non-compliance and underscore the importance of adhering to ADs.