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/6 affecting Bendix VHF Nav. Receivers Type MN-85DB. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/6. 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 Commonwealth Parliament, serves to govern the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act allows the Governor-General to make regulations that ensure the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were formulated, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, designed to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations mandate that CASA must issue ADs when the State of Design issues corresponding directives, thereby ensuring compliance with both national and international obligations. The recent cancellation of AD/RAD/6 concerning Bendix VHF Nav. Receivers Type MN-85DB exemplifies CASA's role in implementing these regulations, reflecting its commitment to maintaining aviation safety in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, providing mechanisms to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments, for specific types of aircraft or aeronautical products. The issuance of ADs is governed by the provisions under section 98 of the Act and regulation 39.001 of the Regulations, with these directives being subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Under international obligations, particularly Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and ADs are a common means of communicating necessary safety information to States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs to align with directives from the State of Design. The issuance and cancellation of ADs are integral to maintaining safety standards, and in this case, Australian AD/RAD/6, concerning Bendix VHF Nav. Receivers Type MN-85DB, was cancelled as the unsafe condition it addressed no longer exists, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations that are essential for the safety of air navigation. One such 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. This regulation is particularly significant because it stipulates that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the obligations outlined in the Civil Aviation Safety Regulations 1998, CASA must ensure that any AD issued adheres to the international standards set forth in Annex 8 to the Convention on International Civil Aviation. This Annex mandates that the State of Design (the country where the aircraft is designed) has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry (the country where the aircraft is registered). The State of Registry, in turn, is responsible for the ongoing airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
The Civil Aviation Safety Authority has the authority to issue, modify, or cancel ADs as needed. For instance, AD/RAD/6, which was issued by CASA concerning Bendix VHF Nav. Receivers Type MN-85DB, has been assessed and subsequently cancelled by CASA. This cancellation, effective from 9 April 2009, signifies that the unsafe condition previously identified no longer exists, and therefore, no replacement AD is required. It is important to note that this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and thus, no public consultation or Regulatory Impact Statement was necessary.
For breaches of these regulations, CASA can impose various penalties and consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs could lead to serious civil or criminal consequences. The exact penalties would depend on the nature and severity of the breach, but they could include fines, imprisonment, or both, depending on the specific circumstances and the discretion of the court.