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 81-14-10 affecting North American AT-6 and SNJ model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT-6/2, Amendment 1, which will become effective on 2 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 framework for the regulation of civil aviation in Australia, focusing on safety, efficiency, and national security. This legislation empowers the Governor-General to make regulations that ensure the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 further elaborate on the requirements for airworthiness, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical for maintaining the safety standards of aircraft and aeronautical products within Australia and align with international obligations under the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, has the responsibility to assess and issue such directives to ensure compliance with both national and international standards. This approach helps maintain a consistent and reliable aviation safety framework that adheres to global best practices.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments that play a critical role in ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the requirements set out in Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design, and in this case, CASA has responded to an AD from the US Federal Aviation Administration regarding North American AT-6 and SNJ model aircraft. The ADs mandate specific actions to ensure compliance with international airworthiness standards and do not require public consultation or a Regulatory Impact Statement. CASA issues these directives to maintain the safety and airworthiness of aircraft within Australia, effectively extending the obligations of the State of Design to the Australian context.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments as defined in section 6 of the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are designed to ensure the continuing airworthiness of aircraft, which is a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation.
These airworthiness directives impose obligations on the relevant parties, primarily focusing on maintaining and ensuring the safety and airworthiness of aircraft. The State of Design is responsible for providing information necessary for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must develop or adopt requirements to ensure the airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements for the Australian-registered aircraft. For example, the US Federal Aviation Administration (FAA) issued AD 81-14-10 for North American AT-6 and SNJ model aircraft, which CASA assessed and issued as Australian AD/AT-6/2, Amendment 1, effective from 2 July 2009.
Failure to comply with an AD may result in significant consequences for the parties involved. Breaches of ADs may lead to civil and criminal penalties, which can include fines and imprisonment, depending on the severity of the offence. However, the specific penalties for non-compliance with ADs are not detailed in the provided text. It is important for all parties involved, including aircraft operators and maintenance providers, to adhere to the requirements set out in the ADs to ensure the safety and airworthiness of aircraft operating within Australia.
Given that ADs are issued in response to international obligations and do not require public consultation, the process for issuing these directives is streamlined to address safety concerns as efficiently as possible. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, further emphasising the urgency and importance of these safety measures. The Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, has issued the AD in accordance with subsection 84A(2) of the Act, ensuring that the necessary safety measures are implemented to protect the public and maintain the high standards of aviation safety in Australia.