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 2008-09-10 affecting Air Tractor AT-300, AT-301, AT‑302 and AT-400A model aircraft. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AT/22, Amendment 2, which will become effective on 08 May 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legislative framework governing the regulation of civil aviation within Australia. This Act empowers the Governor-General to create regulations for ensuring the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are critical for maintaining the safety and airworthiness of aircraft, aligning with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives, which are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework ensures that Australia meets its international obligations while maintaining stringent safety standards within its national airspace. The policy objective is to ensure the continuing airworthiness of aircraft in accordance with international conventions, thereby safeguarding the public and promoting safe air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901, are essential for ensuring the continuing airworthiness of aircraft registered in Australia. The issuance of ADs is influenced by international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for an aircraft type's airworthiness and must provide necessary information to the State of Registry. CASA, as Australia's national airworthiness authority, must evaluate such information and, if deemed appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design. For instance, in response to an AD issued by the US Federal Aviation Administration (FAA) for Air Tractor AT-300, AT-301, AT-302, and AT-400A model aircraft, CASA has issued Australian AD/AT/22, Amendment 2, effective from 8 May 2008, which supersedes the previous AD. The regulatory process for such ADs does not involve public consultation or a Regulatory Impact Statement, as they are integral to fulfilling international obligations and maintaining aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the regulation of civil aviation in Australia, with particular emphasis on the safety of air navigation. According to section 98 of the Act, the Governor-General has the authority to create regulations that serve the purposes of the Act and are in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Airworthiness directives serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure that the type can be maintained in a safe condition for operation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure that individual aircraft within its jurisdiction remain airworthy. When the State of Design issues an AD, the State of Registry is required to assess the information and, if necessary, issue its own AD to enforce the requirements of the State of Design. In Australia, CASA, as the national airworthiness authority, assumes this role.
In the specific case of the AD issued by the United States Federal Aviation Administration (FAA) affecting Air Tractor AT-300, AT-301, AT-302, and AT-400A model aircraft, the FAA has issued AD 2008-09-10. As the USA is the State of Design for these aircraft types, CASA has evaluated this directive and issued Australian AD/AT/22, Amendment 2, which will take effect on 8 May 2008. This new AD supersedes the previous issue.
Given that the issuance of this AD is in response to Australia’s international obligations under the Convention on International Civil Aviation, and due to the nature of the directive issued by the State of Design, no public consultation has been conducted. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Non-compliance with airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, breaches of ADs can lead to severe penalties. For instance, section 98A of the Act provides that a person who contravenes a direction in an AD commits an offence and may be subject to a fine of up to 5,000 penalty units for individuals and 25,000 penalty units for bodies corporate, in addition to potential imprisonment terms. The Act also allows CASA to take enforcement actions, such as grounding aircraft or imposing operational restrictions, to ensure compliance with safety regulations. Furthermore, failure to comply with ADs can result in the suspension or revocation of an aircraft's certificate of airworthiness, which is a critical requirement for legal operation.