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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/TB20/29 affecting SOCATA TB20 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 30 July 2009. No replacement AD is required.
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, Airframes 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. In this context, the Civil Aviation Safety Regulations 1998 were established to further detail the requirements for maintaining the airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) is tasked with issuing airworthiness directives (ADs) under regulation 39.001, which are legislative instruments that ensure the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The ADs serve as a crucial mechanism for disseminating information necessary to maintain the safety standards of aircraft. CASA’s decision to cancel AD/TB20/29 for SOCATA TB20 aircraft, effective from 30 July 2009, reflects Australia’s adherence to international standards and the obligation of the State of Design to provide necessary information for continuing airworthiness. This cancellation was made in accordance with the legislative provisions and did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and regulated under the Legislative Instruments Act 2003. The application of these directives is in line with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types, and mandates the provision of necessary information to the States of Registry. The State of Registry, in turn, is tasked with implementing requirements to maintain the airworthiness of individual aircraft. In this specific instance, CASA has issued and subsequently cancelled AD/TB20/29 concerning SOCATA TB20 aircraft, with the cancellation taking effect from 30 July 2009, without the need for a replacement directive. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and thus did not necessitate public consultation or a Regulatory Impact Statement. The directive was made by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 (subsection 5 of which also designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus as legislative instruments under section 6 of the Legislative Instruments Act 2003). These ADs are integral to maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, which places the onus on the State of Design to provide necessary information to ensure airworthiness, while the State of Registry is tasked with developing or adopting requirements to uphold the continuing airworthiness of individual aircraft.
The obligations imposed by these regulations on the parties they govern include ensuring compliance with ADs issued by CASA. The State of Registry must implement the requirements outlined in the ADs to maintain the airworthiness of aircraft registered within its jurisdiction. Additionally, manufacturers and operators of aircraft must follow the instructions and directives provided in the ADs to ensure that the aircraft they maintain or operate meet the necessary safety standards. Failure to comply with an AD can result in serious safety hazards and potential legal repercussions.
In terms of penalties, the Civil Aviation Safety Regulations 1998 do not explicitly outline penalties for non-compliance with ADs. However, non-compliance with ADs can lead to significant civil and criminal consequences, including fines, imprisonment, or both, depending on the severity of the non-compliance and its impact on aviation safety. The specific penalties would be determined by the courts based on the circumstances of each case and the relevant aviation safety legislation. CASA has the authority to enforce compliance with ADs, and serious breaches can result in severe penalties, including the grounding of aircraft or the suspension or revocation of airworthiness certificates.