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/SONERAI/1 Amendment 1 affecting Monnett Sonerai series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/SONERAI/1 Amendment 1. The cancellation will become effective on 30 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, provides the legislative framework for ensuring the safety of air navigation within Australia. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) as specified under the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft and aeronautical products. The AD in question, AD/SONERAI/1 Amendment 1, which pertains to Monnett Sonerai series aeroplanes, was issued by CASA and subsequently cancelled on 30 July 2009. This cancellation was due to Australia's adherence to international obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft. As the unsafe condition addressed by the AD no longer exists, no replacement AD is necessary. The cancellation was executed by the Manager Airframe and Structures, on behalf of CASA, in compliance with the Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the legislative framework governing the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility that rests with the State of Design for aircraft types and the State of Registry for individual aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, assesses ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce compliance with safety requirements.
Key Provisions
The Civil Aviation Act 1988 provides the framework for the regulation of aviation safety in Australia, and under section 98 of this Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An airworthiness directive is a legislative instrument, as per section 46A of the Acts Interpretation Act 1901, and its disallowance is governed by section 6 of the Legislative Instruments Act 2003.
Under the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the State of Design of an aircraft bears the primary responsibility for ensuring the continuing airworthiness of that aircraft type, as stipulated by Annex 8 to the Convention on International Civil Aviation. This obligation includes providing necessary information to the States of Registry to maintain airworthiness. The State of Registry, in turn, must develop or adopt measures to ensure the ongoing airworthiness of the aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian airworthiness directives to enforce the requirements.
The Civil Aviation Safety Authority issued an airworthiness directive, AD/SONERAI/1 Amendment 1, affecting Monnett Sonerai series aeroplanes. After careful assessment, CASA has decided to cancel this directive, effective 30 July 2009, as the unsafe condition it addressed no longer exists. Consequently, no replacement AD is required. Given that the cancellation of this directive is due to Australia's obligations under the Convention on International Civil Aviation, no public consultation was conducted regarding this decision. Furthermore, the Office of Best Practice Regulation has determined that airworthiness directives do not necessitate a Regulatory Impact Statement.
The airworthiness directive was made by the Manager Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Regarding the consequences of non-compliance, it is essential to note that while the text does not detail specific penalties, breaches of the regulations or directives could result in enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates. The severity of penalties would depend on the nature and extent of the breach.