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/5 Amdt 1, affecting certain types of seat belt inertia reels in 1967. 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, enacted by the Commonwealth Parliament, governs civil aviation activities in Australia, addressing issues related to air navigation safety. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific provisions, including the issuance of airworthiness directives (ADs). Regulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003, underscoring their regulatory significance. The Civil Aviation Organisation of Australia (CASA) issues ADs to maintain the airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for aircraft type airworthiness, and the State of Registry ensures individual aircraft airworthiness. CASA's role is critical in assessing and implementing these directives to maintain safety standards within the Australian context.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the regulation of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulation aligns with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to States of Registry, who in turn must ensure the aircraft's airworthiness. In Australia, CASA acts as the national airworthiness authority, obligated to assess ADs issued by the State of Design and to issue corresponding Australian ADs if necessary. The application of ADs extends to all aircraft registered in Australia, ensuring compliance with safety standards. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, and their creation and amendment follow the procedures outlined in the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the regulation of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and regulations on the parties or entities they govern are significant. The State of Design, which is responsible for the aircraft type's continuing airworthiness, must provide necessary information to ensure airworthiness to appropriate States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with ADs can lead to various civil and criminal 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 with ADs, failure to adhere to such directives could potentially result in actions under other relevant provisions of the Act. For instance, non-compliance with safety regulations could be prosecuted under section 97 of the Civil Aviation Act 1988, which could result in fines and imprisonment. The exact penalties would depend on the severity of the breach and would be determined by the courts.
In the case of AD/RES/5 Amdt 1, which was issued by CASA in 1967 concerning certain types of seat belt inertia reels, CASA has decided to cancel the directive effective 22 November 2007. This cancellation was due to the original unsafe condition no longer existing, as the affected inertia reels have long been removed from service. No consultation with the Australian public was necessary for this cancellation as it results in a reduction of the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. 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.