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.
CASA issued AD/RES/1, affecting Mills Safety Belts, in 1964. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 November 2007. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety of civil aviation in Australia. This legislation allows for the creation of regulations aimed at safeguarding air navigation. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, which permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The authority to issue these directives is derived from section 98 of the Civil Aviation Act 1988, enabling CASA to mandate safety requirements in the interests of public safety. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design has the responsibility for the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if necessary, issue Australian ADs to enforce the required safety measures. The explanatory statement for the legislative instrument F2007L04212 details the cancellation of an AD issued in 1964 concerning Mills Safety Belts, effective from 22 November 2007, due to the resolution of the original safety issue.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs) to ensure 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, thereby ensuring compliance with safety standards. This regulatory power is exercised under the authority granted by section 98 of the Civil Aviation Act 1988. The ADs issued under these regulations are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as outlined in section 6 of the Legislative Instruments Act 2003. The ADs are primarily directed at entities such as aircraft manufacturers and operators who must adhere to the continuing airworthiness requirements set forth by their respective States of Design and Registry. The scope of the ADs extends nationally within Australia, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation. The application of these ADs is critical for maintaining the safety and airworthiness of aircraft registered in Australia, with CASA playing a pivotal role in assessing and implementing the directives as necessary.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under section 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(5)). These ADs, which are legislative instruments, serve to mandate specific requirements to maintain the airworthiness of aircraft, ensuring compliance with safety standards (46A of the Acts Interpretation Act 1901; section 6 of the Legislative Instruments Act 2003). The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, providing necessary information to the State of Registry to ensure ongoing compliance (Annex 8 to the Convention on International Civil Aviation). The State of Registry, in turn, must develop or adopt the requirements needed to maintain airworthiness, and CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs to enforce these requirements.
In the case of Mills Safety Belts, CASA issued AD/RES/1 in 1964 to address specific safety concerns. After a comprehensive review, CASA has decided to cancel this directive, effective from 22 November 2007, as the original unsafe condition no longer exists. The cancellation of this AD will reduce the regulatory burden without necessitating a replacement AD. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement, and no consultation with the Australian public was deemed necessary for this cancellation. This decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose several obligations on parties and entities governed by ADs. Firstly, CASA, as the national airworthiness authority, must review and issue ADs based on the information provided by the State of Design to ensure the safety and airworthiness of aircraft on the Australian Register (39.001). Secondly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, aligning with the ADs issued by CASA (Annex 8 to the Convention on International Civil Aviation). Thirdly, aircraft operators and owners must comply with the ADs applicable to their aircraft, ensuring that any necessary modifications or inspections are carried out in accordance with the specified timelines.
Failure to comply with ADs can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can result in imprisonment. The exact penalties depend on the nature and severity of the non-compliance, but they can be substantial, reflecting the critical importance of maintaining airworthiness to ensure the safety of all individuals involved in aviation activities. The maximum penalties for non-compliance are detailed in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, underscoring the seriousness with which regulatory authorities treat breaches of airworthiness requirements.