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 2008-26-01 affecting Airtractor AT-300, AT-301,
AT-302, AT-400, AT-400A AT-401, AT-401A, AT-402, AT-402A, AT-402B,
AT-501, AT-502, AT-502A, AT-502B and AT401B 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 2, which will become effective on 12 March 2009. 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 acting Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Parliament of Australia to provide a legislative framework for the regulation of civil aviation, with a focus on ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is granted the authority to issue airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products. This is in accordance with the regulatory provisions set out in the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments subject to disallowance and are issued to meet Australia’s obligations under international aviation agreements, particularly Annex 8 to the Convention on International Civil Aviation. This Act ensures that the continuing airworthiness of aircraft is maintained in line with international standards, with CASA acting as the national airworthiness authority responsible for assessing and issuing ADs as required.
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 types of aircraft or aeronautical products, thereby facilitating the maintenance of airworthiness standards in accordance with the Civil Aviation Act 1988. This regulatory framework applies to entities and individuals involved in the design, manufacture, registration, and operation of aircraft within Australia, ensuring adherence to both national and international airworthiness standards. Geographic and jurisdictional reach is established within Australia's borders, reflecting the country's commitment to the safety protocols outlined in Annex 8 to the Convention on International Civil Aviation. ADs issued by CASA under these regulations, such as AD/AT/24 Amendment 2, are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. These directives are often issued in response to ADs from the State of Design, such as the US Federal Aviation Administration's AD 2008-26-01, and mandate specific safety measures for aircraft registered in Australia. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) are sections 39.001 and its subregulations, particularly 39.001(5) (paragraph 2). Section 39.001 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 (paragraph 3). These sections outline the regulatory framework that CASA operates within when issuing ADs to ensure the continuing airworthiness of aircraft.
The obligations imposed by the Act and the Regulations on parties and entities governed by these provisions are significant. CASA, as the national airworthiness authority, is mandated to assess any ADs issued by the State of Design (the country where the aircraft type is designed) and to issue Australian ADs if necessary (paragraph 4). This includes evaluating the safety and airworthiness requirements specified in the foreign ADs and determining whether these requirements need to be mandated in Australia. Additionally, the State of Registry (the country where the aircraft is registered) must ensure the continuing airworthiness of the aircraft in accordance with Annex 8 to the Convention on International Civil Aviation, which involves implementing or adopting requirements to maintain airworthiness standards (paragraph 5).
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with ADs. Failure to comply with an AD can result in serious safety risks, and non-compliance may lead to enforcement actions by CASA. Although the specific penalties are not detailed in the text provided, non-compliance with safety regulations can generally result in penalties such as fines, suspension or revocation of airworthiness certificates, and potential criminal charges in cases of gross negligence or willful disregard of safety requirements (paragraph 6). The severity of these penalties underscores the critical importance of adhering to ADs to maintain the highest safety standards in aviation.