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/ROCK-114/2A affecting all Gulfstream (Rockwell) 114 aircraft models. CASA has assessed this AD and as a result has cancelled Australian AD/ROCK-114/2A. 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 to regulate civil aviation within Australia and ensure its safety and efficiency, provides the authority for the issuance of airworthiness directives. The Act empowers the Governor-General to make regulations for the Act's purposes and in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products. This legislative framework aims to maintain and enhance the safety standards of civil aviation in Australia, aligning with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to ensure the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, is tasked with assessing and, when necessary, issuing Australian airworthiness directives to comply with international standards and ensure the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to entities and individuals involved in the aviation industry within Australia. Specifically, these regulations pertain to the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is empowered under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue such directives for particular types of aircraft or aeronautical products. These ADs are legislative instruments, as defined under section 46A of the Acts Interpretation Act 1901 and further elaborated in the Legislative Instruments Act 2003. CASA's role involves assessing information from the State of Design and, if necessary, issuing Australian ADs to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary airworthiness standards, aligning with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility for continuing airworthiness on the State of Design and State of Registry. The application of these regulations is comprehensive and extends to all relevant aircraft types and aeronautical products within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for maintaining airworthiness standards for aircraft and aeronautical products. Section 98 of the Act empowers the Governor-General to enact regulations to ensure the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as binding legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Compliance with the ADs is mandatory for all parties and entities governed by the Civil Aviation Safety Regulations 1998. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements. The State of Registry, which in Australia is CASA, has the responsibility to ensure that individual aircraft meet continuing airworthiness standards. This includes developing or adopting necessary requirements to maintain the airworthiness of aircraft registered in Australia.
Failure to comply with an airworthiness directive can result in serious consequences. Under section 84A of the Civil Aviation Act 1988, CASA has the authority to enforce compliance, and non-compliance may lead to civil or criminal penalties. The specifics of these penalties are not detailed in the provided text, but generally, breaches of civil aviation regulations can result in fines, operational restrictions, or other regulatory actions against the non-compliant entity or individual.
The text also mentions that the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and no public consultation has been conducted regarding the cancellation of AD/ROCK-114/2A. This reflects a streamlined process for addressing specific safety concerns without extensive regulatory reviews. The AD/ROCK-114/2A, issued for all Gulfstream (Rockwell) 114 aircraft models, has been cancelled due to the resolution of the unsafe condition it was designed to address, and no replacement AD is required. The Manager, Airframe and Structures, in the Airworthiness Engineering Group, made this AD on behalf of CASA, in compliance with the legislative requirements outlined in the Act.