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/VG-RV/1 affecting Van Grunsven RV series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/VG-RV/1. The cancellation will become effective on
27 August 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure the safety of air navigation in Australia. This legislation provides the framework under which the Civil Aviation Safety Regulations 1998 were developed, including the issuance of airworthiness directives (ADs) to ensure aircraft safety. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Authority (CASA) issues ADs as a legislative instrument under the Act, aligning with the international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations 1998 specifically allow CASA to issue ADs for kinds of aircraft or aeronautical products, which are crucial for maintaining the continuing airworthiness of aircraft registered in Australia. This approach ensures that Australian aviation standards are consistent with international obligations and safety requirements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for specific kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs serve to mandate safety requirements to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for an aircraft type’s continuing airworthiness and mandates the provision of necessary information to the State of Registry. In this context, CASA must assess the information from the State of Design and, if necessary, issue corresponding Australian ADs. The regulatory process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The ADs are issued by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. This authority is exercised under the overall responsibility of the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to appropriate States of Registry, including Australia.
Entities governed by these provisions, primarily CASA and aircraft operators, have specific obligations. CASA, as Australia’s national airworthiness authority, is responsible for assessing ADs issued by the State of Design and deciding whether to issue an Australian AD to enforce the requirements. Aircraft operators, on the other hand, must comply with any ADs issued by CASA, ensuring that their aircraft meet the necessary safety standards. This compliance is crucial for maintaining the continuing airworthiness of aircraft registered in Australia.
Failure to comply with ADs can lead to severe consequences. Under section 84A of the Civil Aviation Act 1988, breaches of airworthiness directives can result in criminal or civil penalties. For corporations, the maximum penalty can be substantial, often reaching up to hundreds of thousands of Australian dollars. For individuals, the penalties can include fines and imprisonment, reflecting the serious nature of non-compliance with airworthiness regulations. These legal ramifications underscore the importance of adhering to ADs to ensure the safety of air navigation and the public.