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 issued AD 74-20-12, affecting Aerocommander 690A model aircraft, in 1974. The USA is the State of Design for this type. As a result of a review of airworthiness directives, CASA has amended the equivalent Australian AD to align applicability with the FAA AD. The amended AD, AD/AC/52 Amendment 1, will become effective on 31 July 2008. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness 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 and ensure the safety of civil aviation within Australia. The Act provides the legislative framework that enables the regulation of air navigation safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments that must be assessed and aligned with international standards, particularly those set forth by the International Civil Aviation Organization (ICAO). This legislative framework ensures that the continuing airworthiness of aircraft is maintained in accordance with international obligations, as well as domestic safety standards. The authority to issue ADs is exercised by CASA under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations in the interests of air navigation safety.
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 integral to ensuring the safety of air navigation and fall under the purview of the Civil Aviation Act 1988. As legislative instruments, ADs are subject to disallowance provisions as outlined in the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003. The ADs are typically issued in response to obligations under the Convention on International Civil Aviation, particularly concerning continuing airworthiness, with the State of Design having primary responsibility for providing necessary information to ensure an aircraft type's continuing airworthiness. The State of Registry, such as CASA in Australia, must then ensure these directives are implemented and complied with on aircraft registered within their jurisdiction. For instance, the AD/AC/52 Amendment 1, which aligns with a corresponding Federal Aviation Administration directive from the United States, serves to mandate specific requirements for Aerocommander 690A model aircraft registered in Australia. The issuance of such directives is conducted by CASA in accordance with the Civil Aviation Act, reflecting Australia’s commitment to international aviation safety standards.
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) under regulation 39.001. An AD is a legislative instrument that ensures the continuing airworthiness of aircraft types, and it is aligned with the requirements set forth by the State of Design, which holds the overarching responsibility for the aircraft type. For example, if the United States, as the State of Design for a particular aircraft type, issues an AD, CASA must assess this information and, if necessary, issue a corresponding Australian AD. This ensures that the Australian aviation standards remain consistent with international obligations.
The obligations imposed on the parties governed by the Act include the requirement for the State of Design to provide necessary information to maintain the airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. For instance, CASA must review and, if appropriate, adopt the ADs issued by the State of Design. Additionally, manufacturers and operators of aircraft must comply with these ADs to maintain the safety standards of the aircraft. Failure to comply with these ADs can result in significant safety risks, including potential grounding of aircraft or other enforcement actions.
The Act and accompanying regulations impose civil and criminal consequences for non-compliance with airworthiness directives. Specifically, if a person fails to comply with an AD, they may be subject to enforcement actions, including fines and, in severe cases, imprisonment. For example, under section 95 of the Civil Aviation Act 1988, CASA may impose administrative penalties for non-compliance with ADs. The maximum penalty for a serious breach can include fines of up to $22,200 for individuals and $111,000 for corporations, as well as potential imprisonment for up to two years for individuals. These provisions are critical in maintaining high safety standards in the aviation industry and ensuring that all stakeholders are held accountable for compliance.