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/SC7/2 affecting Short Brothers & Harland SC7 (Skyvan) series 3 aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SC7/2. 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, is designed to ensure the safety and efficiency of civil aviation within Australia. This Act provides the legislative framework for regulating various aspects of civil aviation, including the issuance of airworthiness directives (ADs) to maintain the safety of aircraft. In line with this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The policy objective behind these regulations is to uphold the highest safety standards in air navigation, aligning with Australia’s obligations under the Convention on International Civil Aviation. This legislative framework ensures that the continuing airworthiness of aircraft is maintained, with CASA acting as the national airworthiness authority responsible for assessing and issuing necessary directives. The recent cancellation of Australian AD/SC7/2 for the Short Brothers & Harland SC7 (Skyvan) series 3 aeroplanes exemplifies the application of these regulations, reflecting CASA’s commitment to addressing unsafe conditions and adhering to international standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. The Act applies to entities such as aircraft operators, maintenance organisations, and manufacturers who must comply with the ADs issued by the Civil Aviation Safety Authority (CASA). These regulations cover all aircraft registered in Australia, irrespective of where they are manufactured or operated, thereby extending the jurisdiction of the Act to all Commonwealth airspace. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 specifies that ADs are disallowable instruments, thereby subject to parliamentary scrutiny, and constitute legislative instruments under the Legislative Instruments Act 2003. Although the Act applies broadly, certain exclusions and exemptions may apply based on specific conditions or thresholds outlined in subordinate instruments. Furthermore, as Australia is a signatory to the Convention on International Civil Aviation, it adheres to international standards for continuing airworthiness, which may necessitate the issuance or cancellation of ADs based on international directives.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as applied through the Civil Aviation Safety Regulations 1998, pertain to the issuance of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to create regulations that ensure the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are multifaceted. The State of Design, which is the country where the aircraft was designed, bears the responsibility for the ongoing airworthiness of the aircraft type, and must provide necessary information to the States of Registry to ensure continued airworthiness. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the aircraft's airworthiness. In Australia, CASA, as the national airworthiness authority, is tasked with assessing the information from the State of Design and, if appropriate, issuing an Australian AD to enforce the requirements. The recent example of AD/SC7/2 for Short Brothers & Harland SC7 (Skyvan) series 3 aeroplanes illustrates this process, as CASA assessed the AD and subsequently cancelled it, with the cancellation taking effect on 2 July 2009, due to the unsafe condition no longer existing.
Breaching the requirements set out in ADs can have serious legal consequences. While the specific offences and penalties for non-compliance with ADs are not detailed in the provided text, it is implicit that failure to adhere to these directives can result in severe civil or criminal penalties. Such breaches can potentially compromise the safety of air navigation, which is a critical focus of the Civil Aviation Act 1988 and the associated regulations.