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 European EASA has issued AD 2006-0140–E affecting several German Supplemental Type Certificates and Swedish CTT Systems installed on various aircraft models. Europe is the State of Design for LBA STC’s and Equipment manufactured by CTT Systems. CASA has assessed this AD and has issued Australian AD/AIRCON/14, Amendment 1, which will become effective on 26 May 2006.
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 and ensure the safety of air navigation. The Act grants the Governor-General the authority to make regulations, including the issuance of airworthiness directives, to enhance the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue such directives for specific types of aircraft or aeronautical products. These directives are considered legislative instruments and must be made in accordance with the Legislative Instruments Act 2003. The Act is designed to ensure that the continuing airworthiness of aircraft is maintained, with the State of Registry having the primary responsibility for this, while the State of Design provides necessary information to support this responsibility. In the case of international directives, such as the one issued by the European Aviation Safety Agency (EASA) concerning German Supplemental Type Certificates and Swedish CTT Systems, CASA must assess and, if necessary, issue an Australian airworthiness directive to align with international standards and obligations under the Convention on International Civil Aviation.
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 kinds of aircraft or aeronautical products, thereby ensuring adherence to safety standards as required by the Civil Aviation Act 1988. These directives are instrumental in maintaining the continuing airworthiness of aircraft and are issued in compliance with international standards set by Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the ongoing airworthiness of aircraft types and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess such international ADs and, if deemed appropriate, issue corresponding Australian ADs to enforce the requirements on the Australian Register. The application of these regulations is broad, covering all aircraft registered in Australia and their operators, thereby ensuring a uniform approach to aviation safety across the country. Although ADs are legislative instruments subject to disallowance and must be prepared in accordance with the Legislative Instruments Act 2003, the process for their issuance is streamlined due to their critical nature and the international obligations under the Convention on International Civil Aviation, which mitigates the need for extensive public consultation or regulatory impact assessments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for airworthiness directives (ADs), which are regulations made to ensure the safety of air navigation (section 98 and regulation 39.001). These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are considered instruments under the Legislative Instruments Act 2003 (subregulation 39.001(5)). The State of Design, as defined under Annex 8 of the Convention on International Civil Aviation, is responsible for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of individual aircraft by adopting or developing appropriate requirements.
Parties governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly the Civil Aviation Safety Authority (CASA), have specific obligations. When an AD is issued by a State of Design, CASA must assess the information and, if deemed necessary, issue an Australian AD to mandate the requirements of the original AD. For example, in the case of AD 2006-0140-E issued by the European EASA, CASA issued Australian AD/AIRCON/14, Amendment 1, effective from 26 May 2006. This process ensures that Australian registered aircraft meet the necessary safety standards as required by international conventions.
In terms of breaches and consequences, the Act and Regulations do not detail specific offences, penalties, or consequences for non-compliance with ADs. However, general aviation safety laws and regulations include provisions for enforcing compliance and penalising non-compliance. For example, under the Civil Aviation Act 1988, non-compliance with regulations can result in administrative penalties, such as fines, and in severe cases, criminal charges. The exact penalties depend on the nature and severity of the breach, but they can include substantial fines and imprisonment for serious violations. The precise consequences would be determined in accordance with the broader aviation safety legislative framework.