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/SM-205/16 affecting SIAI Marchetti S205 and S208 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-205/16. 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 provides the legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One significant aspect of this legislation is the issuance of airworthiness directives, as governed by regulation 39.001 of the Civil Aviation Safety Regulations 1998. Under this regulation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards. This mechanism is crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the Convention on International Civil Aviation. The Act also mandates that CASA, as Australia's national airworthiness authority, must respond to airworthiness directives issued by the State of Design by either adopting or cancelling such directives as appropriate, in accordance with international obligations and domestic safety requirements. The legislative intent is to uphold the highest standards of aviation safety while facilitating efficient regulatory practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the regulation and oversight of airworthiness directives, which are legislative instruments issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations pertain to the safety of air navigation and ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is tasked with issuing these directives for aircraft types registered in Australia. This includes assessing and, if necessary, issuing Australian airworthiness directives corresponding to those issued by the State of Design. The scope of these directives extends to the State of Registry of an individual aircraft, which is responsible for ensuring the continuing airworthiness of aircraft, and they apply to all persons and entities involved in the operation of affected aircraft within Australia. Notably, the application of these regulations is not subject to exclusions, exemptions, or thresholds as specified in the legislation, though they are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The application of these regulations may also be extended or restricted through subordinate instruments, ensuring that they align with both national and international aviation safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issuing of airworthiness directives (ADs) are section 98 of the Act, which allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This is further clarified in subregulation 39.001(5), which specifies that ADs are disallowable instruments and therefore legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions include ensuring that the State of Design, which is the country where an aircraft type is designed, provides necessary information for the continuing airworthiness of the aircraft type. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is required to assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design.
There are specific consequences for non-compliance with these regulations. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state offences, penalties, or criminal consequences for failure to comply with ADs, non-compliance can lead to serious safety risks. CASA has the authority to enforce compliance through various means, including audits, inspections, and the issuance of compliance orders. Failure to comply with an AD may result in grounding of the aircraft, suspension or revocation of the aircraft’s certificate of airworthiness, and potential criminal charges if the non-compliance leads to an accident or incident. The exact penalties for such offences would be determined under other applicable laws, such as the Crimes Act 1914.