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 United States FAA issued FAA AD 98-08-19, affecting Aerocommander aircraft, in 1998. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a minor typographical error in the FAA Airworthiness Directive reference. The amended AD, AD/AC/93 Amendment 2, will become effective on 8 May 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 Regulatory Review 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 provide a comprehensive framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to create regulations that safeguard air navigation, with one such regulation being the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative instrument, established under regulation 39.001 of the Civil Aviation Safety Regulations 1998, is designed to address issues concerning the continuing airworthiness of aircraft, in line with Australia's obligations under the Convention on International Civil Aviation. In this context, ADs serve as critical tools for ensuring that aircraft maintain their airworthiness, thereby enhancing overall aviation safety. The AD/AC/93 Amendment 2, issued on behalf of CASA, is an example of this regulatory process, aiming to correct a minor typographical error in an existing AD to align with international standards.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. The Act applies to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, ensuring that they comply with airworthiness standards set forth by the Civil Aviation Safety Authority (CASA). The ADs are issued to mandate compliance with safety requirements, and they are applicable to specific types of aircraft or aeronautical products. These regulations have a national jurisdictional reach, covering all aircraft registered within Australia. Exemptions or exclusions from the application of ADs are not generally provided under the regulations, as they are intended to maintain consistent safety standards across the industry. The Act and Regulations allow for the creation of subordinate instruments to extend or restrict the application of ADs, ensuring flexibility in addressing specific safety concerns. The issuance of ADs is guided by international standards set out in Annex 8 to the Convention on International Civil Aviation, which places responsibility for continuing airworthiness on the State of Design and the State of Registry.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make such regulations in the interest of air navigation safety. Regulation 39.001(5) further clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and oversight as per the Legislative Instruments Act 2003. In this context, an AD serves as a formal notification requiring compliance with specific safety measures to maintain the airworthiness of aircraft. The authority to issue ADs stems from international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type. When a State of Design, such as the United States in the case of Aerocommander aircraft, issues an AD, CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue a corresponding Australian AD.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by the Act include the requirement for CASA to assess and, if appropriate, implement the ADs issued by the State of Design. This process ensures that Australian aircraft meet international safety standards and maintain airworthiness. CASA's role involves meticulous assessment of the information provided by the State of Design and ensuring that any necessary corrective actions are effectively communicated and implemented. The State of Registry for individual aircraft, in this case Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This includes issuing ADs that reflect international standards and practices. Such obligations ensure a cohesive and internationally compliant approach to aircraft safety and airworthiness.
The breach of any airworthiness directive issued under the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, it is clear that non-compliance with ADs can result in severe repercussions, potentially including fines or other sanctions. The seriousness of these consequences underscores the importance of adhering to ADs to maintain the safety and airworthiness of aircraft. As ADs are integral to ensuring that aircraft meet required safety standards, their violation could compromise flight safety, leading to potential legal and safety ramifications for the entities involved.