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/2, affecting certain types of seat belt inertia reels in 1965. 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, the affected inertia reels having long been removed from service.
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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain safety standards. The ADs are legislative instruments that ensure compliance with international standards set forth by the International Civil Aviation Organization (ICAO). CASA, as Australia's national airworthiness authority, is responsible for issuing ADs when required, ensuring that all aircraft registered in Australia meet necessary safety standards. This legislative framework is designed to uphold the safety of air navigation and to provide clear guidelines for the continuing airworthiness of aircraft within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments that serve to ensure the continuing airworthiness of aircraft, with CASA playing a crucial role as Australia's national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA is obligated to review this information and, if necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design. The regulation also reflects the international commitment under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is responsible for the airworthiness of individual aircraft within its jurisdiction. The process for issuing and cancelling ADs, including AD/RES/2 concerning seat belt inertia reels, is carried out by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in line with the statutory provisions of the Act.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, establish a framework for the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001. These ADs are legislative instruments and serve as a means of ensuring the continuing airworthiness of aircraft types. They are crucial for maintaining safety standards and are issued by the Civil Aviation Safety Authority (CASA) to address unsafe conditions on aircraft that are on the Australian Register. The ADs are based on the principle that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft within its jurisdiction.
The Act and the accompanying regulations impose several obligations on the parties involved. CASA, as Australia’s national airworthiness authority, must review and assess any ADs issued by the State of Design for aircraft types on the Australian Register. If necessary, CASA must then issue corresponding Australian ADs to enforce the requirements of the State of Design. Additionally, the State of Registry is required to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. These obligations ensure that all stakeholders are held to stringent safety standards and that any unsafe conditions are promptly addressed.
Failure to comply with ADs can lead to significant consequences. Although the specific penalties for non-compliance with ADs are not detailed in the provided text, non-compliance with civil aviation regulations generally can result in both civil and criminal penalties. Civil penalties may include fines and other monetary penalties, while criminal penalties can include imprisonment and fines, depending on the severity of the violation. The exact penalties would be determined based on the specific circumstances of the non-compliance and the applicable laws. It is important for all parties to adhere to the ADs to avoid these potential repercussions.