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/ROTAX/12 affecting Rotax piston engines. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective 27 August 2009. No replacement AD is required, as the original unsafe condition is addressed by AD/ROTAX/19.
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate the safety and efficiency of civil aviation in Australia. This legislation provides a legal framework for ensuring the safety of air navigation, and under section 98, empowers the Governor-General to make regulations that support the Act's objectives. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as stipulated in regulation 39.001. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The overarching policy objective is to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). This framework mandates that CASA, as Australia's national airworthiness authority, assesses ADs issued by the State of Design and issues corresponding Australian ADs to maintain safety standards, thereby addressing any unsafe conditions that may affect aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These directives are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to ensure the safety of air navigation. An AD is considered a disallowable instrument, and consequently, a legislative instrument under section 46A of the Acts Interpretation Act 1901. The legislation mandates that the State of Design, where an aircraft is designed, must provide necessary information to ensure continuing airworthiness, and the State of Registry must implement these requirements to maintain the airworthiness of individual aircraft. When CASA issues an AD, it is responding to a directive from the State of Design, thereby fulfilling its international obligations under Annex 8 to the Convention on International Civil Aviation. The issuance, review, and cancellation of ADs are conducted by CASA, ensuring that Australian aviation standards align with international safety protocols.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (39.001(1)). These ADs serve as legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (39.001(5)). The ADs play a crucial role in maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which allocates responsibility to the State of Design and the State of Registry. CASA, acting as Australia’s national airworthiness authority, is required to review any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
Entities and individuals governed by these regulations, including aircraft manufacturers, operators, and maintenance providers, must comply with the ADs issued by CASA. This involves implementing any safety measures, inspections, or repairs specified in the ADs to ensure the continued airworthiness of the aircraft. Compliance with these directives is critical to maintaining the safety standards set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to adhere to these directives can result in significant safety risks and potential regulatory action.
Breaching the requirements set forth in an AD can lead to both civil and criminal consequences. Civil penalties may include fines and other financial penalties, while criminal offences can result in imprisonment. The severity of these penalties depends on the nature and extent of the breach. For example, knowingly allowing an aircraft to operate in violation of an AD can result in substantial fines and imprisonment terms. The exact penalties are detailed in relevant sections of the Civil Aviation Act 1988 and associated regulations, reflecting the importance of adhering to airworthiness directives to ensure public safety.