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/26 affecting all models ATL Robin Aviation series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/ROBIN/26. 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, addresses the regulation of civil aviation within Australia to ensure safety and efficiency in air navigation. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, delegating specific authority to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, made under the Act, further define the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs). These regulations are designed to enforce safety standards and ensure the continuing airworthiness of aircraft in compliance with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to uphold the highest safety standards in civil aviation, aligning with Australia's commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. Such directives are legislative instruments and are integral to maintaining the continuing airworthiness of aircraft, as per the Convention on International Civil Aviation. The State of Design has the primary responsibility for continuing airworthiness, while the State of Registry must implement or adopt requirements to ensure the ongoing airworthiness of individual aircraft. In the case of Australia, CASA must assess and, if necessary, issue Australian ADs to align with directives from the State of Design when these affect aircraft registered in Australia. An example of this process was the issuance and subsequent cancellation of Australian AD/ROBIN/26 for all models of ATL Robin Aviation series aeroplanes, which became effective on 2 July 2009, reflecting the resolution of the previously identified unsafe condition. The cancellation of such directives is made in accordance with Australia’s obligations under international conventions and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issue of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that promote the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Moreover, subregulation 39.001(5) stipulates that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, thus classifying them as legislative instruments in accordance with the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions on the parties involved primarily revolve around maintaining the continuing airworthiness of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design bears the overall responsibility for the continuing airworthiness of an aircraft type and must furnish any necessary information to States of Registry to ensure safety. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of the aircraft within its jurisdiction. For Australia, this means that CASA, as the national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the safety requirements.
There are specific consequences for breaches related to airworthiness directives. Although the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly outline criminal or civil penalties for non-compliance with ADs within the text provided, failure to adhere to these directives can lead to severe repercussions. Non-compliance with ADs can result in grounding of aircraft, which can have significant operational and financial impacts on airlines and other stakeholders. Additionally, such non-compliance may result in enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges under other sections of the Civil Aviation Act 1988.
It is important to note that the cancellation of an AD, such as the Australian AD/ROBIN/26 affecting all models of the ATL Robin Aviation series aeroplanes, is based on Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The AD was cancelled by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act, indicating a formal and regulatory process. The cancellation of this AD was due to the resolution of the unsafe condition, thereby rendering a replacement AD unnecessary.