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/5 affecting Collins Glide Slope Receivers 51V-1 and 51V-2. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/5. 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 comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency, and orderly development of air transport services. This legislation empowers the Governor-General to make regulations in the interests of air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are critical instruments for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further elaborate on the procedures and requirements for issuing these directives, classifying them as legislative instruments subject to disallowance and review. The cancellation of AD/RAD/5, concerning Collins Glide Slope Receivers 51V-1 and 51V-2, exemplifies how CASA responds to international safety mandates by reassessing and subsequently cancelling directives when the associated safety concerns are resolved.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which are subordinate instruments of the Civil Aviation Act 1988, provide the legal framework for issuing airworthiness directives (ADs) in Australia. These regulations apply to all aircraft registered in Australia and are intended to ensure the continuing airworthiness of these aircraft. The ADs are legislative instruments, as stated under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are issued by the Civil Aviation Safety Authority (CASA). The ADs are derived from the international obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and on the State of Registry. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue Australian ADs to mandate the requirements. This process ensures compliance with both international and domestic safety standards, although specific public consultation is not required for AD cancellations as determined by the Office of Best Practice Regulation. The ADs are issued by CASA under the authority granted by the Act, specifically subsection 84A(2).
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest 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 aircraft types or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA is required to assess any AD issued by the State of Design and, if deemed necessary, issue an Australian AD to mandate the required safety measures. The State of Registry, which in Australia is CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in the country. This includes the obligation to develop or adopt requirements that ensure safety, as stipulated in Annex 8 to the Convention on International Civil Aviation. In the case of Collins Glide Slope Receivers 51V-1 and 51V-2, CASA issued AD/RAD/5, which has since been cancelled as the unsafe condition no longer exists.
Given that the AD cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, no public consultation was conducted. Additionally, the Office of Best Practice Regulation has determined 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 Act.
Failure to comply with ADs can result in serious consequences. CASA may take enforcement action against non-compliance, which can include fines, suspension or revocation of airworthiness certificates, and criminal charges in severe cases. The maximum penalties for contravening ADs can include substantial fines, imprisonment, or both, depending on the severity and circumstances of the breach.