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/3 affecting Davis FDC-2700 safety belts. CASA has assessed this AD and as a result has cancelled Australian AD/RES/3. 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 a legislative framework for the regulation of civil aviation in Australia, with a particular emphasis on safety. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, as highlighted in section 98. Specifically, the Civil Aviation Safety Regulations 1998, under regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These directives are critical in ensuring the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. In this context, CASA acts on behalf of the State of Registry to mandate necessary safety measures when an AD is issued by a State of Design. The legislative process for ADs, as outlined in the Legislative Instruments Act 2003, classifies them as disallowable instruments under the Acts Interpretation Act 1901, thereby subjecting them to parliamentary scrutiny. The issuance and cancellation of ADs, such as AD/RES/3 for Davis FDC-2700 safety belts, are carried out in accordance with the statutory provisions and do not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a regulatory framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs). Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs, which are legislative instruments, to address safety concerns for specific types of aircraft or aeronautical products. The ADs are crucial for maintaining the continuing airworthiness of aircraft, as mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures compliance with airworthiness requirements for aircraft registered in Australia. The ADs serve as a communication tool between the State of Design and the State of Registry, allowing for the dissemination of necessary information to maintain safety standards. The cancellation of an AD, such as Australian AD/RES/3 for Davis FDC-2700 safety belts, signifies that the unsafe condition addressed by the AD has been resolved, and no further action is required under Australian regulations.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to ensure the continuing airworthiness of aircraft registered in Australia by issuing ADs. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must review the information and, if necessary, issue an Australian AD. This process ensures that the aircraft comply with safety standards and are safe to operate. In the case of AD/RES/3 affecting Davis FDC-2700 safety belts, CASA assessed the directive and decided to cancel it because the unsafe condition it addressed no longer existed. This cancellation took effect on 9 April 2009, and no replacement AD was necessary.
The obligations imposed by the Act and the Regulations on the parties governed by them are primarily centred around ensuring the safety and airworthiness of aircraft. CASA, as the national airworthiness authority, must diligently assess any ADs issued by the State of Design and determine if an Australian AD is required. This includes evaluating the safety implications and issuing appropriate directives to maintain compliance with international standards. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft, in line with Annex 8 of the Convention on International Civil Aviation.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the provided text for breaching the requirements of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 regarding airworthiness directives. However, failure to comply with these directives and regulations could potentially lead to severe safety issues and legal consequences for aircraft operators and manufacturers. CASA may take enforcement actions, including grounding aircraft or imposing fines, against entities that do not adhere to the issued ADs.