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 2008-11-17 affecting Air Tractor AT-300 and AT-400 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT/24, Amendment 1, which will become effective on 31 July 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 to govern the safety and regulation of civil aviation in Australia, authorises the Governor-General to create regulations for the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This legislative framework ensures Australia's adherence to international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design maintains responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs to comply with directives from the relevant State of Design. This process ensures that Australian aircraft meet international safety standards, even when directives originate from other nations, such as the United States Federal Aviation Administration's recent AD 2008-11-17 affecting Air Tractor AT-300 and AT-400 models, which CASA has implemented as AD/AT/24, Amendment 1, effective from 31 July 2008.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) in Australia, primarily focusing on ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, thereby mandating compliance with safety requirements. These directives are issued in response to international obligations under the Convention on International Civil Aviation and are typically aligned with ADs issued by the aircraft's State of Design. For instance, following the issuance of an AD by the US Federal Aviation Administration (FAA) for Air Tractor AT-300 and AT-400 models, CASA has issued its own AD to ensure consistency with international standards and the safety of aircraft operating in Australia. The ADs are legislative instruments and do not require public consultation or a Regulatory Impact Statement, as they are integral to meeting international commitments and ensuring the safety and airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are regulatory instruments designed to ensure the continuing airworthiness of aircraft and aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments governed by the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design of an aircraft bears the primary responsibility for ensuring the continuing airworthiness of that aircraft type. This involves providing all necessary information to the States of Registry to facilitate compliance with airworthiness standards. The State of Registry, in turn, has the responsibility to implement or adopt requirements that ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, it is the duty of the State of Registry, through its national airworthiness authority, to assess this information and, if necessary, issue a corresponding AD for the aircraft registered within its territory.
In the case of the United States Federal Aviation Administration (FAA) issuing AD 2008-11-17 for Air Tractor AT-300 and AT-400 aircraft, CASA, as Australia’s national airworthiness authority, is required to assess this directive and, if deemed appropriate, issue an Australian AD. CASA has issued AD/AT/24, Amendment 1, which will take effect on 31 July 2008. This new AD replaces the previous version, thereby mandating the new requirements set forth by the US FAA.
Given that this AD is issued pursuant to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design, no consultation with the Australian public has been conducted regarding this directive. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines, and criminal penalties, including imprisonment. The exact penalties depend on the specific provisions of the AD and the severity of the non-compliance. For instance, operating an aircraft in a manner that contravenes an AD can result in significant financial penalties, with the maximum fines potentially reaching thousands of dollars, and could also lead to imprisonment for individuals found guilty of such violations. These provisions underscore the importance of adhering to ADs to ensure the safety of air navigation and the public.