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 FAA has issued AD 2006-07-15 affecting Thrush Aircraft Inc. Model 600 S2D, S-2R, and S2R series aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AC-SNOW/24, Amendment 4, which will become effective on 2 May 2006. 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 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 was enacted to regulate civil aviation in Australia, providing a comprehensive framework for ensuring the safety and efficiency of air navigation and operations. This Act empowers the Governor-General to make regulations that align with the Act's objectives, particularly concerning the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Regulations 1998 were introduced, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that aim to maintain and ensure the continuing airworthiness of aircraft, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The ADs are crucial for both the State of Design, which holds overall responsibility for the airworthiness of an aircraft type, and the State of Registry, which ensures the ongoing airworthiness of individual aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, issues these directives based on assessments of international ADs, ensuring compliance with both national and international safety standards.
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, as stipulated by the Civil Aviation Act 1988. These ADs, as defined in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901, and thus, legislative instruments under the Legislative Instruments Act 2003. The geographic reach of these regulations extends to all aircraft registered in Australia, encompassing both domestic and international flights that operate within Australian airspace. The ADs are essential for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. In the case of the AD issued for the Thrush Aircraft Inc. Model 600 S2D, S-2R, and S2R series aircraft, CASA has assessed the relevant AD issued by the Federal Aviation Administration (FAA) and issued its own corresponding AD/AC-SNOW/24, Amendment 4, effective from 2 May 2006, superseding the previous issue. Given the international nature of these directives and the obligations under the Convention on International Civil Aviation, no public consultation was deemed necessary, and the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement. The issuance of this AD was overseen by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, acting on behalf of CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 (CIVIL AVIATION SAFETY REGULATIONS) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are intended to maintain the safety standards of aircraft types registered in Australia. An airworthiness directive is a formal notice, issued by CASA in accordance with the Civil Aviation Act 1988, that mandates compliance with specific safety requirements for particular aircraft types or aeronautical products. These directives are critical in ensuring that aircraft maintain their airworthiness and comply with safety standards set by international conventions, such as Annex 8 to the Convention on International Civil Aviation.
Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations that align with the Act's objectives, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates CASA to issue ADs when necessary. Additionally, subregulation 39.001(5) specifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments. This legal framework ensures that ADs are issued with the authority and oversight required to maintain high safety standards.
The obligations imposed by these regulations are significant. CASA, as the national airworthiness authority, must rigorously assess any AD issued by the State of Design (the country where the aircraft was designed) and, if necessary, issue corresponding Australian ADs. This process ensures that all aircraft registered in Australia comply with the latest safety standards. Furthermore, the State of Registry (the country where the aircraft is registered) has the responsibility to ensure the continuing airworthiness of each aircraft. This includes implementing the requirements set out in any ADs issued by CASA or the State of Design.
Failure to comply with the mandates of an AD can lead to severe consequences. The Civil Aviation Safety Regulations 1998 establish that non-compliance with an airworthiness directive can result in civil and criminal penalties. While the specific penalties are not detailed in the regulations, the overarching framework of the Civil Aviation Act 1988 allows for substantial fines and, in serious cases, imprisonment. The severity of these penalties underscores the importance of adhering to ADs to maintain the safety and integrity of the aviation industry.