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-205/26 affecting SIAI Marchetti S205/20F and S205/20R model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SM-205/26. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation and to ensure the safety and efficiency of air navigation in Australia. This Act, which has been supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for the oversight of aircraft airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs serve as a mechanism to address safety issues and ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). Under this legislative framework, CASA can issue ADs to mandate specific actions to address unsafe conditions in aircraft, thereby fulfilling Australia’s obligations under the Convention on International Civil Aviation. This legislative instrument was designed to ensure that the continuing airworthiness of aircraft registered in Australia is maintained to the highest safety standards, reflecting the policy objective of safeguarding public safety and harmonising aviation regulations with international practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and are designed to mandate requirements to ensure the continuing airworthiness of aircraft registered in Australia, in compliance with international standards set by the International Civil Aviation Organization. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, including 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. The cancellation of Australian AD/SM-205/26 for SIAI Marchetti S205/20F and S205/20R model aeroplanes, due to the unsafe condition no longer existing, follows Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required as per the Office of Best Practice Regulation’s guidelines. The AD was issued by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, as per section 98 of the Civil Aviation Act 1988. These ADs are issued to ensure the safety of air navigation and are considered legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003. Such directives serve as crucial tools for maintaining the airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft within its jurisdiction.
Under these regulations, CASA must evaluate any ADs issued by the State of Design that pertain to aircraft on the Australian Register. This obligation ensures that CASA can issue corresponding Australian ADs to enforce the State of Design's requirements. For instance, CASA has cancelled Australian AD/SM-205/26, which affected SIAI Marchetti S205/20F and S205/20R model aeroplanes, as the unsafe condition identified in the directive no longer exists. This cancellation, effective from 2 July 2009, does not necessitate a replacement AD because the issue has been resolved.
Entities and individuals governed by these provisions have specific obligations. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types. States of Registry, including CASA for Australia, must develop or adopt requirements to ensure the airworthiness of individual aircraft within their jurisdiction. CASA must assess ADs from the State of Design and, if necessary, issue corresponding Australian ADs. Failure to comply with these requirements could result in safety breaches, compromising the airworthiness of aircraft and potentially leading to severe consequences, including accidents.
In terms of enforcement and consequences, the Act provides for various penalties and sanctions for non-compliance with ADs and other regulatory requirements. While the specific offences and penalties are not detailed in the text, typically, breaches of ADs could result in civil penalties, such as fines, or criminal charges in severe cases. These penalties aim to enforce compliance and ensure that all parties maintain the highest safety standards in civil aviation.