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.
The Civil Aviation Safety Authority or its predecessors issued AD/ROCK-114/10 affecting all models of Gulfstream (Rockwell) 114 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/ROCK-114/10. The cancellation will become effective on 28 August 2008. 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 Parliament of Australia, was established to ensure the safety and efficiency of civil aviation in the country. This legislation, along with the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness directives (ADs), which are issued by the Civil Aviation Safety Authority (CASA) to address safety concerns and ensure the continuing airworthiness of aircraft. These ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 were introduced to address the need for consistent and effective regulation of aircraft safety, and the issuance of ADs is a critical tool in this regard. The policy objective of these regulations is to align with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of States of Design and Registry in ensuring the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are legislative instruments, applicable to all kinds of aircraft or aeronautical products within Australia. These directives are integral to ensuring the safety of air navigation, as stipulated by section 98 of the Civil Aviation Act 1988. The scope of ADs extends to both Commonwealth and international jurisdictions, aligning with the obligations of the State of Registry and the State of Design under Annex 8 of the Convention on International Civil Aviation. The ADs serve as a means for the State of Design to communicate necessary information for the continuing airworthiness of aircraft types, while the State of Registry is responsible for implementing these directives to maintain airworthiness standards. The application of these regulations does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and their issuance is executed by authorised CASA personnel in accordance with the legislative framework.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations ensuring the safety of air navigation, which includes the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) of these regulations designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under the obligations outlined by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA must ensure the continuing airworthiness of aircraft types operating within Australia. This includes issuing ADs to address any unsafe conditions identified. Annex 8 to the Convention on International Civil Aviation further delineates the responsibilities of the State of Design, which must provide necessary information to maintain the airworthiness of aircraft types, and the State of Registry, which must implement requirements to ensure the airworthiness of individual aircraft. CASA, as the regulatory body in Australia, has issued and subsequently cancelled AD/ROCK-114/10 for all models of Gulfstream (Rockwell) 114 series aeroplanes, effective from 28 August 2008. The cancellation was executed due to the resolution of the unsafe condition that originally prompted the directive.
Breaching the obligations set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various consequences. Although the specific offences and penalties for non-compliance with ADs are not detailed in the provided text, it is implied that failure to adhere to these regulations could lead to significant civil or criminal penalties. Such penalties may include fines or imprisonment, as typically enforced under aviation safety laws. The issuance and compliance with ADs are critical to maintaining the safety standards of air navigation, and non-compliance could jeopardise the safety of all parties involved in aviation activities.