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 has raised AD/STORCH/1 to correct an unsafe situation on The Slepcev SS-MK4 aircraft. Two cases have been discovered of cracking and failure of the elevator trim tab mass balance weight attachment arm. As Australia is the State of Design for the SS-MK4, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem.
CASA has not consulted with the Australian industry and public, because of the need for urgent action to correct the problem.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the General Manager, Manufacturing, Certification and New Technologies Office, 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 civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, and it was the basis for the Civil Aviation Safety Regulations 1998. One of the key mechanisms established under these regulations is the issuance of airworthiness directives (ADs), which are used to mandate corrective actions to address safety concerns related to aircraft or aeronautical products. The need for such directives arises from the State of Design's responsibility under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design must provide information to ensure the continuing airworthiness of an aircraft type. In cases where Australia is the State of Design, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, assessing the information and issuing ADs as necessary to comply with international standards and address specific safety issues. This process ensures that aircraft registered in Australia meet the required safety standards and facilitates the dissemination of critical safety information to other States of Registry.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation within Australia, with a particular focus on the airworthiness of aircraft and aeronautical products. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives (ADs), which are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design primary responsibility for ensuring an aircraft type's airworthiness and the dissemination of necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs to address unsafe conditions identified in aircraft registered in Australia. In the instance of AD/STORCH/1 concerning the Slepcev SS-MK4 aircraft, CASA issued an AD in response to reported failures of the elevator trim tab mass balance weight attachment arm, acting on its role as the State of Design and without prior consultation due to the urgency of the situation. The AD was made by the General Manager of the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that are essential for the safety of air navigation, including the issuance of ADs. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue these directives for certain types of aircraft or aeronautical products. As a legislative instrument, an AD is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and must comply with the requirements of the Legislative Instruments Act 2003.
Obligations and requirements imposed by the Act and the Regulations centre around ensuring the safety and airworthiness of aircraft. The State of Design, which in this case is Australia for the Slepcev SS-MK4 aircraft, must provide necessary information to maintain the continuing airworthiness of the aircraft type. This includes issuing ADs to address any identified unsafe conditions. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its territory. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing an Australian AD to enforce the requirements.
Failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, and penalties can be enforced. The specific consequences for breaching an AD may include fines or other civil or criminal penalties. The exact penalties can vary, but the seriousness of the safety implications often results in stringent enforcement measures to ensure compliance and protect public safety.
In the case of AD/STORCH/1 issued by CASA for the Slepcev SS-MK4 aircraft, the directive was issued due to an urgent need to address the safety issue of cracking and failure of the elevator trim tab mass balance weight attachment arm. This AD was issued without consultation with the Australian industry and public, underscoring the urgency and importance of the safety measures. The AD was made by the General Manager, Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Act. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for urgent safety interventions.