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/22 Amendment 1 affecting Pacific Scientific safety harnesses used in agricultural aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/RES/22 Amendment 1. 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, enacted by the Australian Parliament, serves to regulate civil aviation within Australia, focusing on ensuring the safety of air navigation. As part of its regulatory framework, the Civil Aviation Safety Regulations 1998 were introduced to further refine and implement the provisions of the Act, particularly in relation to the issuance of airworthiness directives (ADs). These ADs are legislative instruments designed to mandate safety measures for specific types of aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA) has the authority to issue such directives, which are crucial for maintaining the continuing airworthiness of aircraft in line with international standards set by the Convention on International Civil Aviation. The Act and its associated regulations address the need for a robust and internationally consistent framework to ensure the safety of civil aviation activities within Australia, reflecting Australia's obligations under international agreements.
Scope and Application
The Civil Aviation Act 1988, through its regulation 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for ensuring the continuing airworthiness of aircraft, which is mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments under the Legislative Instruments Act 2003 and are essential tools for maintaining safety standards globally. The scope of these directives applies to all entities and individuals involved in the registration and operation of aircraft within Australia, ensuring they comply with the continuing airworthiness requirements set forth by both the State of Design and the State of Registry. The jurisdiction of these ADs extends nationally, aligning with Australia's obligations under international civil aviation agreements. Notably, ADs do not require a Regulatory Impact Statement, and public consultation is not mandatory, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 provides the legislative basis for these regulations, ensuring that they are made in the interests of air navigation safety. An AD is considered a legislative instrument under the Legislative Instruments Act 2003, and its disallowance is governed by section 46A of the Acts Interpretation Act 1901.
Under these provisions, CASA has issued and subsequently cancelled Australian AD/RES/22 Amendment 1, which pertained to Pacific Scientific safety harnesses used in agricultural aircraft. This cancellation was executed following a safety assessment by CASA, which concluded that the previously identified unsafe condition no longer existed. The cancellation became effective on 9 April 2009, and no replacement AD was deemed necessary. This action aligns with Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type.
The obligations of the State of Design and the State of Registry are clearly delineated in the Convention on International Civil Aviation. The State of Design must provide any necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry is tasked with developing or adopting requirements to maintain the airworthiness of individual aircraft registered within its territory. When a State of Design issues an AD, the State of Registry, in this case CASA, must evaluate the information and, if appropriate, issue a corresponding AD to enforce the requirements.
In terms of enforcement, CASA has the authority to issue ADs as stipulated in the Civil Aviation Safety Regulations 1998. Failure to comply with an AD can result in significant legal consequences. The Civil Aviation Act 1988 provides for various penalties for non-compliance, which may include fines and imprisonment. The exact penalties depend on the nature and severity of the violation, but they serve to ensure that all parties adhere to the safety standards set forth in the ADs.
Given that ADs are considered legislative instruments, their creation and amendment follow specific legislative procedures. The Manager, Airframe and Structures, within CASA’s Airworthiness Engineering Group, issued this particular AD in accordance with subsection 84A(2) of the Act. This ensures that the process is transparent and that CASA acts within its statutory powers. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, reflecting the regulatory framework designed to maintain aviation safety efficiently.