CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued AD2005-12-51, affecting Rockwell Model AT-6, BC-1A, SNJ, and T-6G series aircraft. The USA is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the requirements for a Special Flight Permit to enable the aircraft to be ferried to a place where the AD can be carried out. The amended AD, AD/AT-6/1 Amendment 1, will become effective on 17 June 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with particular emphasis on the continuing airworthiness of aircraft. In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of these regulations is to align with Australia's obligations under the Convention on International Civil Aviation, ensuring that national standards are consistent with international norms. The amended AD/AT-6/1 Amendment 1, issued by CASA, reflects Australia's commitment to these international standards and is a direct response to an airworthiness directive issued by the United States Federal Aviation Administration, the State of Design for the affected aircraft types.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Acts Interpretation Act 1901. These ADs apply to aircraft registered in Australia and are intended to align with the continuing airworthiness requirements set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry for an aircraft, in this case CASA, is responsible for ensuring that these airworthiness requirements are met and enforced through the issuance of ADs. The ADs are issued in response to international obligations and ADs issued by the State of Design, such as the US Federal Aviation Administration (FAA) in the case of the Rockwell Model AT-6 series aircraft, and no public consultation is required as per the legislative framework. The application of these ADs is therefore directly linked to the obligations under international conventions and the specific safety requirements determined by CASA.
Key Provisions
The Civil Aviation Act 1988 and its accompanying Civil Aviation Regulations 1998, particularly regulation 39.001, provide the framework under which airworthiness directives (ADs) can be issued. Regulation 39.001(5) states that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are subject to certain parliamentary procedures, and are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003. These ADs are integral to ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the State of Registry to maintain airworthiness. The State of Registry, in turn, is tasked with ensuring the ongoing airworthiness of individual aircraft by developing or adopting appropriate requirements. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and must assess and, if necessary, issue an Australian AD in response to ADs from the State of Design.
The obligations imposed by these regulations are significant. CASA must assess ADs issued by the State of Design and, if necessary, issue corresponding ADs in Australia. This ensures compliance with international standards and maintains the safety of air navigation. Additionally, the State of Registry is required to implement measures that ensure the continuing airworthiness of aircraft registered within its jurisdiction. For the Rockwell Model AT-6, BC-1A, SNJ, and T-6G series aircraft, CASA has amended the relevant AD to clarify requirements for a Special Flight Permit, enabling the aircraft to be ferried to a location where the AD can be implemented. This amendment reflects the need to harmonise Australian regulations with those of the US Federal Aviation Administration (FAA), the State of Design for these aircraft types.
Breach of airworthiness directives can result in serious consequences. Although specific penalties are not detailed in the provided text, ADs are critical safety measures. Non-compliance with ADs can lead to severe civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and its impact on aviation safety. The regulatory framework ensures that ADs are rigorously enforced to maintain the highest standards of airworthiness and public safety.