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 US FAA has issued AD 2006-24-10 affecting Air Tractor AT-500 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/AT/20, Amendment 4. The cancellation will become effective on 15 February 2007. The original unsafe condition has now been addressed by AD/AT/21 Amendment 3.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, enacted by the Commonwealth Parliament, provides a comprehensive legal framework for civil aviation in Australia, focusing on the safety of air navigation and the regulation of aircraft and aeronautical products. The Act empowers the Governor-General to make regulations that serve the interests of safety, and under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate safety measures for aircraft and aeronautical products. The issuance and cancellation of these directives are aligned with Australia's international obligations under the Convention on International Civil Aviation and the responsibilities of the relevant State of Design. The policy objective of this legislative framework is to ensure the continuing airworthiness of aircraft registered in Australia, thereby maintaining high safety standards in line with international best practices.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Act applies to all aircraft registered in Australia, and its jurisdictional reach extends to the Commonwealth level, with CASA acting as the national airworthiness authority. When the State of Design, such as the US Federal Aviation Administration, issues an AD affecting aircraft registered in Australia, CASA is mandated to assess this information and, if appropriate, issue a corresponding Australian AD. This ensures compliance with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. Exemptions and thresholds are determined on a case-by-case basis, reflecting the specific safety requirements of the affected aircraft types.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of civil aviation in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This is an essential tool for ensuring the safety of air navigation, as these directives address issues that could potentially compromise the safety of aircraft.
Under these provisions, CASA has the responsibility to issue airworthiness directives in response to safety concerns identified by the State of Design or other relevant authorities. For instance, if the United States Federal Aviation Administration (FAA) issues an airworthiness directive affecting a type of aircraft registered in Australia, CASA must assess the directive and determine whether a corresponding Australian AD is necessary. This process ensures that Australian-registered aircraft meet international safety standards and maintain their airworthiness. An example of this process can be seen in the case of the Air Tractor AT-500 model aircraft, where CASA issued an Australian AD in response to an FAA directive, subsequently cancelling an earlier Australian AD that was no longer applicable.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are multifaceted. Firstly, CASA must ensure that it stays informed of all relevant ADs issued by other States of Design and assess their applicability to Australian-registered aircraft. Secondly, CASA must issue corresponding ADs where necessary, ensuring that Australian-registered aircraft comply with the safety requirements set by other jurisdictions. Additionally, CASA must manage the implementation of these directives, including communicating with aircraft owners and operators to ensure compliance. CASA also has the responsibility to review and, if necessary, cancel ADs when the safety issues they address have been resolved.
Failure to comply with airworthiness directives can have significant consequences. Under the Civil Aviation Act 1988, operating an aircraft in contravention of an AD can be considered an offence, potentially leading to both civil and criminal penalties. For example, an operator who fails to comply with an AD could be subject to fines, imprisonment, or both. The specific penalties are not outlined in the provided text, but they can be severe, reflecting the importance of adhering to airworthiness directives for the safety of air navigation. It is also noteworthy that the legislative process for ADs includes disallowance and review mechanisms, ensuring that these directives are both necessary and properly implemented.