CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 United States FAA issued AD 2002-26-05, affecting Airtractor aircraft, in 2002. The United States is the State of Design for the Airtractor. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow the use of an Alternative Method of Compliance (AMOC) approved by the FAA. The amended AD, AD/AT/21 Amendment 2, will become effective on 17 March 2005. 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 Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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, ensuring safety and efficiency in air navigation. This legislation provides the framework for the Civil Aviation Safety Authority (CASA) to issue regulations and directives, including airworthiness directives (ADs), to maintain and enhance aviation safety. The Civil Aviation Regulations 1998, made under the authority of the Act, empower CASA to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. In line with international obligations under the Convention on International Civil Aviation, CASA is mandated to assess and issue ADs in response to directives from the State of Design, ensuring the continuing airworthiness of aircraft registered in Australia. The issuing of such directives, including amendments like AD/AT/21 Amendment 2 for Airtractor aircraft, is a response to international safety standards and does not require public consultation or a Regulatory Impact Statement. This legislative framework ensures Australia meets its international obligations and maintains high safety standards in civil aviation.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, pertain to the issuance of airworthiness directives (ADs) which are legislative instruments that mandate safety standards for specific kinds of aircraft or aeronautical products. The regulations empower the Civil Aviation Safety Authority (CASA) to issue these directives, ensuring compliance with the Act's objectives of maintaining the safety of air navigation. This directive applies to all entities involved in the operation, maintenance, and certification of aircraft registered in Australia, as well as the manufacturers and designers of aircraft types. The geographic scope of this regulation is national, as it concerns the continuing airworthiness of aircraft registered within Australia. However, it also aligns with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility of ensuring continuing airworthiness on the State of Design and the State of Registry. The ADs are issued in response to safety concerns identified by the State of Design or in alignment with international directives. The application of these regulations is not subject to exclusions or thresholds as outlined in the explanatory statement, but they may be modified or extended through subordinate instruments in accordance with relevant legislative provisions.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs pertain to specific types of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 confirms that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation assigns the State of Design responsibility for the continuing airworthiness of an aircraft type, necessitating the provision of necessary information to the States of Registry. Conversely, the State of Registry is responsible for the individual aircraft's continuing airworthiness. Consequently, when the State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must comply with the issued airworthiness directives. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. The State of Registry is obligated to develop or adopt requirements ensuring the continuing airworthiness of aircraft registered within their jurisdiction. These entities must adhere to the requirements outlined in the ADs, which may include modifications, repairs, or inspections, to maintain the aircraft's airworthiness. The State of Registry also has the responsibility to monitor and ensure compliance with these ADs by the operators of the aircraft registered within their jurisdiction.
Failure to comply with an airworthiness directive can result in severe consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with an AD can lead to civil or criminal penalties. The specific penalties may include fines, imprisonment, or both, depending on the severity of the non-compliance and the relevant jurisdictional laws. The maximum penalties for breaches of the Civil Aviation Act 1988 can be substantial, reflecting the critical nature of airworthiness and safety in aviation. Additionally, operators found in non-compliance with ADs may face operational restrictions or the grounding of their aircraft until compliance is achieved, further emphasising the importance of adhering to these directives.