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/7 affecting Marconi Automatic Loops Type 1324 and 1324A. CASA has assessed this AD and as a result has cancelled Australian AD/RAD/7. 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, provides the legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. One of its key provisions is section 98, which empowers the Governor-General to create regulations that support the Act's objectives, particularly concerning air navigation safety. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 further detail the regulatory processes, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These directives are legislative instruments that align with international standards set by the International Civil Aviation Organization (ICAO) and aim to maintain the continuing airworthiness of aircraft. This regulatory approach ensures that Australia adheres to its obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and State of Registry concerning aircraft safety.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, sets out the legal framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are legislative instruments, subject to disallowance, and are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, plays a crucial role in assessing and, where necessary, issuing Australian ADs based on directives from the State of Design, while the State of Registry remains responsible for the continuing airworthiness of individual aircraft. The scope of this legislation extends to all aircraft registered in Australia, thereby applying to aircraft manufacturers, operators, and relevant aviation personnel within the national jurisdiction.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to establish regulations that are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This authority is crucial for ensuring that all aircraft meet safety standards as they continue to operate. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901. These directives are integral to maintaining the safety and airworthiness of aircraft in accordance with international standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties such as CASA and aircraft owners are significant. CASA, as Australia’s national airworthiness authority, must review any ADs issued by the State of Design for aircraft types registered in Australia. If necessary, CASA must then issue corresponding Australian ADs to ensure compliance with the international safety requirements. The State of Registry, which is responsible for the continuing airworthiness of each aircraft, must develop or adopt the requirements necessary to meet these standards. This includes ensuring that all necessary modifications and maintenance are performed to maintain the airworthiness of the aircraft.
Failure to comply with an AD can lead to serious consequences. Although specific offences and penalties are not detailed in the text, it is clear that non-compliance with airworthiness directives could result in significant legal repercussions. Such non-compliance may include civil penalties or criminal charges, depending on the severity of the violation and its impact on safety. CASA’s authority to cancel an AD, as demonstrated with AD/RAD/7 for Marconi Automatic Loops Type 1324 and 1324A, highlights the importance of adhering to these directives. The cancellation of this AD on 9 April 2009, without a replacement, underscores the regulatory body’s commitment to safety and the consequences of failing to meet these stringent standards.