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/RES/18 affecting Securaiglon passenger safety belts Type 343, 343A, B and C. CASA has assessed this AD and as a result has cancelled Australian AD/RES/18. 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, Airframe and Structures, 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 for the regulation of civil aviation safety in Australia, ensuring the protection of life and property in air navigation. This Act was introduced to address the need for a comprehensive legal framework governing civil aviation, focusing on safety and the efficient management of air traffic. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, provide further detail on the requirements for maintaining airworthiness. The Australian Government, through the Civil Aviation Safety Authority (CASA), is responsible for enforcing these regulations. The policy objective of this legislation is to ensure the highest standards of safety in civil aviation, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers CASA to issue airworthiness directives, which are critical for maintaining the continuing airworthiness of aircraft and aeronautical products in accordance with international conventions and domestic safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products within Australia. These directives are essential for maintaining the safety of air navigation and are aligned with Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for ensuring the continuing airworthiness of aircraft types. In accordance with this international convention, CASA, as Australia's national airworthiness authority, is required to evaluate ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requisite safety measures. This regulatory framework ensures that both the State of Design and the State of Registry bear responsibilities for the continuing airworthiness of aircraft, with CASA playing a pivotal role in implementing and enforcing these safety standards. The issuance, assessment, and potential cancellation of ADs, as exemplified by the cancellation of AD/RES/18 concerning Securaiglon passenger safety belts, are executed by CASA's Airworthiness Engineering Group, reflecting the legislative intent to prioritise and uphold the highest standards of aviation safety in Australia.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations that align with the Act and promote air navigation safety. One significant regulation is 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs serve as critical tools for ensuring the continuing airworthiness of aircraft. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred around ensuring the safety and airworthiness of aircraft. Under these provisions, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft. For aircraft on the Australian Register, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements of the original ADs. This ensures that all aircraft within Australia meet the highest safety standards.
Failing to comply with an AD or any associated legislative requirements can lead to significant consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences or penalties for non-compliance, general aviation regulations and other related laws may impose civil or criminal penalties. Such penalties can include fines, imprisonment, or both, depending on the severity and nature of the breach. The specific consequences and maximum penalties would be determined by the relevant aviation regulatory frameworks and the judicial system.
In a specific instance, CASA issued AD/RES/18 regarding Securaiglon passenger safety belts, which was subsequently cancelled on 9 April 2009. This cancellation was due to the resolution of the unsafe condition, and no replacement AD was required. This action aligns with Australia's obligations under the Convention on International Civil Aviation. As no public consultation was necessary for this AD cancellation and it does not require a Regulatory Impact Statement, the process was streamlined to ensure timely adherence to international safety standards. The AD was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.