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/ROBIN/1 affecting Robin Aviation series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/ROBIN/1. The cancellation will become effective on
2 July 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, was established to regulate civil aviation safety and efficiency in Australia, addressing the need for a cohesive legal framework to govern the burgeoning industry. This Act empowers the Governor-General to make regulations that ensure the safety of air navigation, including the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are integral to maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting on behalf of the Australian Government, is responsible for assessing and issuing such directives as necessary to fulfil these obligations. The recent cancellation of Australian AD/ROBIN/1 affecting Robin Aviation series aeroplanes, due to the resolution of the unsafe condition, exemplifies the practical application of these provisions in upholding safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in the issuance of airworthiness directives (ADs). These regulations apply to all aircraft and aeronautical products operating within Australia and ensure that the continuing airworthiness of these entities is maintained in line with international standards. An AD is a legislative instrument that can be issued by CASA to mandate specific requirements for the continued safe operation of aircraft, following the assessment of information provided by the State of Design. The scope of these directives can extend to specific types of aircraft or aeronautical products, and they are integral to adhering to the Convention on International Civil Aviation, particularly concerning the continuing airworthiness responsibilities of the State of Design and the State of Registry. The application of these directives is national in reach, and they apply to all relevant aircraft and products registered within Australia. The issuance and cancellation of ADs, such as the recent cancellation of AD/ROBIN/1, are conducted under the authority of CASA and are not subject to public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation process is directly influenced by Australia's international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, lays down the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under section 98 of the Act (1), the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products (2). These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance (3).
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry. The State of Design, which is the country where the aircraft is designed, holds primary responsibility for the continuing airworthiness of the aircraft type under Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure airworthiness to all relevant States of Registry (4). Conversely, the State of Registry, which is the country where the aircraft is registered, must develop or adopt its own requirements to ensure the continuing airworthiness of aircraft within its jurisdiction (5). When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design (6).
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, breaches of ADs can lead to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can involve imprisonment. The specific penalties depend on the severity of the breach and the provisions of the Act, but they are intended to enforce compliance with safety regulations rigorously. CASA's issuance and enforcement of ADs are critical to maintaining high safety standards in Australia's aviation sector.
In this particular case, CASA issued and subsequently cancelled Australian AD/ROBIN/1 concerning Robin Aviation series aeroplanes. The cancellation of this AD, effective from 2 July 2009, was due to Australia's obligations under the Convention on International Civil Aviation, and no longer necessary because the unsafe condition no longer existed (7). Consequently, no replacement AD was required. This cancellation did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation (8). 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 (9).