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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/AC-SNOW/24 Amdt 5 affecting Ayres Thrush 600 S2D, S2R and S-2R series aeroplanes. The United States FAA issued AD 2009-26-11 on
8 January 2010 which supersedes the requirements of AD/AC-SNOW/24 Amdt 5 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 24 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is foundational legislation designed to ensure the safety and efficiency of civil aviation within Australia. It empowers the Civil Aviation Safety Authority (CASA) to implement regulations, including issuing airworthiness directives (ADs), to maintain and enhance air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and aim to ensure that the continuing airworthiness of aircraft aligns with international standards set forth by the International Civil Aviation Organization (ICAO). The enactment of these regulations is essential to harmonise Australia's aviation safety practices with global standards and to uphold the responsibilities of both the State of Design and the State of Registry in maintaining aircraft airworthiness.
Scope and Application
The Civil Aviation Act 1988 provides the legal framework for the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998, with the authority for these regulations stemming from section 98 of the Act. ADs apply to specific types of aircraft or aeronautical products and are issued to ensure the continuing airworthiness of these items. The Civil Aviation Safety Regulations designate ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design, such as the United States for certain aircraft, has the primary responsibility for the continuing airworthiness of aircraft types and must issue ADs as necessary. The State of Registry, which for Australian-registered aircraft is the Civil Aviation Safety Authority (CASA), must then assess these ADs and, if necessary, issue Australian ADs to enforce the requirements. This process ensures compliance with international standards under Annex 8 to the Convention on International Civil Aviation. The issuance and cancellation of ADs are managed by CASA, with the specific authority granted under section 94(1) of the Act. The geographic reach of this legislation is national, with its application extending to all aircraft and aeronautical products registered within Australia.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, specifically under regulation 39.001, empower 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 provides the overarching authority for these regulations, which are intended to ensure the safety of air navigation. Under subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore legislative instruments under section 6 of the Legislative Instruments Act 2003. This means that ADs have a formal legal standing and are subject to specific legislative processes.
The obligations imposed by these regulations require CASA to monitor and respond to ADs issued by the State of Design—in this case, the United States—for aircraft registered in Australia. When the U.S. Federal Aviation Administration (FAA) issues an AD, CASA must evaluate the directive and, if appropriate, issue a corresponding AD for Australian-registered aircraft to ensure compliance with international standards. Additionally, the State of Registry, which in this instance is Australia, must develop or adopt requirements that ensure the continuing airworthiness of the aircraft. This responsibility ensures that all aircraft operating within Australia meet the necessary safety standards.
Failure to comply with the requirements set forth in an AD can result in severe consequences. Although the specific penalties are not detailed in the provided text, non-compliance with ADs can generally lead to civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. Furthermore, continued operation of an aircraft that does not comply with an AD can result in the aircraft being grounded, effectively halting operations until the required compliance measures are implemented. These provisions underscore the importance of adhering to ADs to maintain the safety and integrity of air navigation.