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 2009-11-05 affecting Air Tractor AT-400 and AT-500 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT/29, Amendment 1, which will become effective on 30 July 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 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 to provide a comprehensive legal framework for civil aviation in Australia, addressing issues related to the safety and regulation of air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that ensure the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The issuance of these directives is critical for maintaining safety standards and fulfilling Australia's obligations under international agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are mandated for the purposes of ensuring the safety of air navigation. Such directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are created in accordance with the Legislative Instruments Act 2003. The ADs are typically issued in response to obligations under the Convention on International Civil Aviation, where the State of Design, such as the United States for the Air Tractor AT-400 and AT-500 models, issues a directive. CASA, as Australia’s national airworthiness authority, is then required to assess and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in alignment with international standards. The issuance of such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as defined in the Legislative Instruments Act 2003. Such directives are crucial for ensuring the continuing airworthiness of aircraft and are typically issued by the State of Design in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is then required to assess these ADs and, if necessary, issue corresponding Australian ADs to enforce the necessary safety measures.
The obligations imposed by these regulations primarily fall on CASA as the national airworthiness authority. CASA must rigorously assess any ADs issued by the State of Design, such as the Federal Aviation Administration (FAA) for certain aircraft types, to determine their applicability and necessity within Australia. This involves a thorough review process to ensure that the ADs align with the safety standards set by the Civil Aviation Act 1988 and the Convention on International Civil Aviation. CASA's role includes issuing, cancelling, and replacing ADs as needed to maintain the airworthiness of aircraft registered in Australia.
Breach of any requirement set forth in an AD can lead to significant consequences. The Civil Aviation Act 1988 and associated regulations do not explicitly outline penalties for non-compliance with ADs; however, failure to comply with an AD can result in the aircraft being deemed unairworthy. This can lead to enforcement actions under the Act, including fines and potential grounding of the aircraft. The severity of the penalties depends on the specific circumstances and the degree of non-compliance, but the overarching principle is to ensure that all aircraft meet the necessary safety standards to protect public safety and the integrity of air navigation.