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 US FAA has issued AD 2006-15-01 affecting Twin Commander 690 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AC/100, which will become effective on 31 August 2006.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the 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, enacted by the Parliament of Australia, serves as the foundational statute governing civil aviation safety in Australia. This Act empowers the Governor-General to create regulations for the safety of air navigation, with the overarching objective of ensuring the highest standards of aviation safety. The Civil Aviation Safety Regulations 1998 further implement the provisions of the Act by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments subject to disallowance. These directives are essential for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO).
In response to the United States Federal Aviation Administration (FAA) issuing Airworthiness Directive (AD) 2006-15-01 concerning Twin Commander 690 model aircraft, CASA has assessed and subsequently issued Australian AD/AC/100, effective from 31 August 2006. Given the international obligations under the Convention on International Civil Aviation and the need to address directives from the State of Design, no public consultation was conducted. Additionally, the Office of Regulatory Review determined that this AD does not necessitate a Regulatory Impact Statement. The directive was issued by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, in line with the legislative authority granted under the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the regulatory framework for the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products, which are then subject to disallowance under section 46A of the Acts Interpretation Act 1901. These ADs are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are typically issued in response to continuing airworthiness concerns, in alignment with the responsibilities of the State of Design as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which for Australian-registered aircraft is CASA, must adopt or develop requirements to ensure the ongoing airworthiness of aircraft, and this includes issuing Australian ADs when necessary. The ADs are intended to reflect the obligations under international civil aviation conventions, and as such, do not typically undergo public consultation or require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations in the interests of air navigation safety, and this delegation to CASA is a direct application of that power. An AD, as described in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives are critical for maintaining the continuing airworthiness of aircraft types and are issued by the State of Design, which has the overarching responsibility under Annex 8 to the Convention on International Civil Aviation.
Compliance with ADs is mandatory for the State of Registry of an aircraft, which must implement the requirements set out in the directive to ensure the aircraft remains airworthy. In Australia, CASA, as the national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This process ensures that Australian-registered aircraft meet international safety standards. For instance, in the case of the US Federal Aviation Administration's (FAA) AD 2006-15-01 affecting Twin Commander 690 model aircraft, CASA issued Australian AD/AC/100, effective from 31 August 2006, following its assessment of the directive.
The obligations imposed by the Act and Regulations on parties such as CASA and States of Registry are clear: they must ensure that all necessary measures are taken to maintain the airworthiness of aircraft. This includes the timely assessment and implementation of ADs issued by the relevant State of Design. The absence of public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Regulatory Review, highlights the urgency and importance of these directives in maintaining aviation safety. The ADs are issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, as per subsection 84A(2) of the Act.
The consequences for non-compliance with ADs are significant. While the specific offences and penalties are not detailed in the provided text, it is clear that failure to adhere to the directives can have serious safety implications. Given the regulatory context and the importance of airworthiness, non-compliance could potentially lead to civil or criminal penalties, including fines and other sanctions. The exact nature and severity of these penalties would depend on the specific regulatory framework and any additional legislative provisions that apply.