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/SC7/9, affecting Shorts SC7 Skyvan model aircraft in 1972. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, addressing issues such as safety, security, and efficiency within the industry. It empowers the Governor-General to make regulations necessary for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs, which are legislative instruments under the Legislative Instruments Act 2003, are issued to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to maintain high safety standards in the Australian aviation sector, reflecting the State of Registry's responsibility for individual aircraft airworthiness and the State of Design's role in providing necessary information for continuing airworthiness.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are critical for maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation, where the State of Design and State of Registry have defined responsibilities. In the case of aircraft registered in Australia, CASA must evaluate the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. The regulatory process involves no public consultation and does not require a Regulatory Impact Statement, as it results in a reduction of the regulatory burden. CASA issued AD/SC7/9 for Shorts SC7 Skyvan model aircraft in 1972, which is set to be cancelled on 17 January 2008, with no replacement AD needed as the original safety concerns are now covered by AD/GENERAL/74 Amendment 1.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that align with the Act’s objectives, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the regulations primarily rest on CASA and the State of Registry of individual aircraft. CASA, as Australia's national airworthiness authority, must assess information provided by the State of Design concerning an aircraft type and, if necessary, issue an Australian AD to enforce the design state's requirements. The State of Registry is also responsible for the continuing airworthiness of individual aircraft and must implement or adopt appropriate requirements to meet this obligation. In the context of the example provided, CASA issued AD/SC7/9 concerning the Shorts SC7 Skyvan model aircraft in 1972, which has now been cancelled and will cease to be effective on 17 January 2008. The cancellation was determined to reduce the regulatory burden, and no public consultation was deemed necessary. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
The Act and the regulations also outline potential consequences for non-compliance with ADs. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is implicit that failure to adhere to an AD could result in significant safety risks and potential legal repercussions. Such consequences might include enforcement actions by CASA, civil penalties, or even criminal charges, depending on the severity of the non-compliance and its impact on aviation safety.