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/38 affecting Collins ATC TDR-950 Transponders. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/38. 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 establish a comprehensive legal framework governing civil aviation in Australia, ensuring safety and efficiency within the industry. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. One such regulation is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. The policy objective of these regulations is to uphold the highest standards of airworthiness, aligning with international obligations under the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 were introduced to address the need for a robust regulatory framework that ensures the safety and continuing airworthiness of aircraft registered in Australia. These regulations empower CASA to issue ADs, which are legislative instruments that mandate corrective actions when potential safety issues are identified. The issuance and cancellation of these directives, such as the recent cancellation of AD/RAD/38 for Collins ATC TDR-950 Transponders, reflect CASA's commitment to maintaining stringent safety standards in line with international obligations. The process of issuing and cancelling ADs is conducted under the authority of the Civil Aviation Act, ensuring that Australia meets its responsibilities under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are mandated under Australia's obligations to the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and requires them to provide necessary information to the State of Registry. In the case of Australia, CASA, as the national airworthiness authority, is tasked with assessing this information and, if necessary, issuing Australian ADs to enforce the requirements of the State of Design. For example, CASA issued and subsequently cancelled AD/RAD/38 concerning Collins ATC TDR-950 Transponders, reflecting the cessation of the unsafe condition and the compliance with international obligations. The process of issuing or cancelling ADs does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are typically issued by the Manager, Systems and New Technologies, within CASA’s Airworthiness Engineering Group, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the Act's objectives, with a primary focus on ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 extends this authority to the Civil Aviation Safety Authority (CASA), allowing them to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
Obligations under the Act require CASA to act on ADs issued by the State of Design of an aircraft type, assessing the information and, if necessary, issuing corresponding Australian ADs. This ensures that the requirements for maintaining the continuing airworthiness of aircraft registered in Australia are met. The State of Registry, which in this case is Australia, must develop or adopt measures to guarantee the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. Consequently, CASA has the responsibility to ensure that Australian aircraft meet these standards by issuing or cancelling ADs as appropriate.
The Civil Aviation Safety Authority or its predecessors had previously issued Australian AD/RAD/38 concerning Collins ATC TDR-950 Transponders. After evaluating the safety concerns associated with these transponders, CASA decided to cancel AD/RAD/38. This decision reflects the cessation of the unsafe condition that the directive was intended to address. Effective from 9 April 2009, the cancellation of the AD means no replacement directive is needed. As this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, no public consultation was required. Additionally, the Office of Best Practice Regulation has confirmed that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was executed by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This administrative action underscores CASA's commitment to ensuring the safety and airworthiness of aircraft operating within Australia.