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 State FAA issued AD 78-20-06, affecting Call Air A-9 model aircraft, in 1978. The USA is the State of Design for this type. CASA has reviewed this AD and has decided to amend the equivalent Australian AD to update the terminology in the compliance section to remove reference to a “Major Inspection” and to include reference to the FAA AD. The amended AD, AD/AC-CLA/6 Amendment 1, will become effective on 25 September 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 provide for the regulation of civil aviation in Australia, including the establishment of the Civil Aviation Safety Authority (CASA) and the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. The Act was introduced to address the need for comprehensive and consistent regulation of civil aviation to safeguard the safety of air navigation. 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 Regulations 1998 were subsequently introduced to provide detailed safety standards and procedures for the aviation industry in Australia. Under this regulatory framework, CASA, as Australia's national airworthiness authority, has the authority to issue ADs in response to international airworthiness directives issued by the State of Design of an aircraft type. The policy objective of these regulations is to ensure that all aircraft operating in Australian airspace meet stringent safety standards, thereby protecting the public and enhancing the overall safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as specified in the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products to ensure air navigation safety. These ADs serve as legislative instruments under Australian law, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. ADs are primarily issued by the State of Design for an aircraft type, with the State of Registry, in this case CASA, responsible for the continuing airworthiness of aircraft registered in Australia. The process involves CASA reviewing ADs issued by the State of Design, such as the Federal Aviation Administration (FAA) in the United States, and, if necessary, issuing corresponding Australian ADs to enforce the safety requirements specified by the State of Design. In the case of the Call Air A-9 model aircraft, CASA has amended an existing AD to update terminology and incorporate references to the FAA AD, reflecting Australia’s international obligations and ensuring consistent safety standards across jurisdictions. This legislative action does not require public consultation or a Regulatory Impact Statement, as it is directly related to fulfilling Australia's international aviation safety commitments.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, empower the Governor-General to issue regulations for the safety of air navigation, and allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they serve as a key mechanism for ensuring the continuing airworthiness of aircraft types, in alignment with the requirements of the Convention on International Civil Aviation. Regulation 39.001(5) further classifies ADs as disallowable instruments, highlighting their regulatory significance.
The obligations imposed by these provisions on CASA and other parties are significant. CASA, as Australia's national airworthiness authority, must assess information provided by the State of Design and, if necessary, issue corresponding ADs to mandate the required safety measures. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must implement the requirements set forth in the ADs. The ADs themselves are intended to ensure that all stakeholders adhere to the safety standards necessary for air navigation. This includes the responsibility of the State of Design to provide necessary information to the States of Registry, thereby facilitating a coordinated approach to aircraft safety.
The Act and Regulations also set out specific consequences for non-compliance with ADs. While the specific penalties are not detailed in the provided text, it is implied that failure to adhere to ADs could result in legal or regulatory repercussions, given the critical nature of airworthiness directives. Such non-compliance could potentially lead to serious safety issues, given that ADs are designed to address identified safety concerns. Given the gravity of aviation safety, breaches of these requirements could lead to civil or criminal penalties, although the exact nature and severity of these penalties are not outlined in the provided text.