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 a correction to AD 2006-08-08 affecting Air Tractor 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/27, Amendment 1, which will become effective on 6 July 2006. 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 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 to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to create regulations for air navigation safety. Pursuant to section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as legislative instruments under the Legislative Instruments Act 2003, play a crucial role in maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). This AD, issued under the authority of CASA and in response to an AD from the United States Federal Aviation Administration (FAA), pertains to the Air Tractor AT-400 model aircraft, reflecting Australia's commitment to international obligations and ensuring the safety of aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, complemented 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. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are designed to mandate requirements that ensure the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO) and the obligations of the State of Design, which in this case is the United States for the Air Tractor AT-400 model aircraft. CASA, as Australia's national airworthiness authority, assesses the ADs issued by the State of Design and issues corresponding Australian ADs, such as AD/AT/27, Amendment 1, which became effective on 6 July 2006. The issuance of these ADs is mandated by international conventions and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) states that an AD is a disallowable instrument, meaning it is subject to parliamentary scrutiny and can be annulled if deemed inappropriate.
The obligations under this Act primarily fall on CASA, as the national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must also comply with these directives and implement the necessary measures to ensure the aircraft meet airworthiness standards.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil or criminal penalties. Specifically, the Act allows for fines and imprisonment for individuals or corporations that fail to adhere to ADs. The severity of the penalties depends on the nature and extent of the non-compliance, but the maximum penalties can be significant, reflecting the critical importance of adhering to airworthiness directives for the safety of air navigation. It is imperative for all parties involved to fully understand and comply with these directives to avoid any potential legal repercussions.