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 FAA has approved the Airworthiness Limitations Section of the Owners Manual for Airtractor AT-602 type. As a result of a request from industry, CASA has amended the equivalent Australian AD to revise the life limits and correct a referenced part number in the Requirements Section of CASA AD/AT 600/1. The amended AD, AD/AT 600/1 Amendment 1, will become effective on 21 December 2010. 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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is fundamental in governing the safety and regulation of civil aviation within Australia. This Act provides the legal framework for the Civil Aviation Safety Authority (CASA) to implement and enforce regulations that ensure the safety of air navigation. Under section 98, the Governor-General is empowered to make regulations that support the objectives of the Act, specifically focusing on air navigation safety. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, granting CASA the authority to issue airworthiness directives (ADs) as stipulated in regulation 39.001. The objective of these ADs is to maintain the continuing airworthiness of aircraft and aeronautical products, ensuring they meet safety standards consistent with international obligations under the Convention on International Civil Aviation. The ADs are integral in maintaining the safety and reliability of aircraft operating within Australia, reflecting the country's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This authority is exercised under regulation 39.001, and an AD is considered a disallowable instrument and legislative instrument pursuant to sections 46A of the Acts Interpretation Act 1901 and 6 of the Legislative Instruments Act 2003 respectively. These directives are essential for ensuring the continuing airworthiness of aircraft and are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has primary responsibility for the airworthiness of an aircraft type, while the State of Registry must implement the necessary requirements. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and issues Australian ADs to mandate these requirements, ensuring compliance and safety within Australian jurisdiction. The ADs do not require public consultation or a Regulatory Impact Statement as they are responses to international obligations and directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
These ADs are essential tools for ensuring the continuing airworthiness of aircraft, particularly as they are recognised under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry. In Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design. For instance, in response to a request from industry, CASA amended an Australian AD for Airtractor AT-602 type aircraft to revise life limits and correct a referenced part number. This amendment, AD/AT 600/1 Amendment 1, became effective on 21 December 2010.
Entities governed by these regulations have specific obligations. The State of Design must provide any information necessary to ensure the continuing airworthiness of a type of aircraft, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as the national airworthiness authority, must assess information from the State of Design and issue appropriate ADs if necessary. Operators of aircraft must comply with all applicable ADs to maintain the airworthiness of their aircraft.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, an aircraft is considered unairworthy if there is a failure to comply with a relevant AD. This can lead to severe penalties, including fines and imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the Act and Regulations. Civil and criminal liabilities may also apply, depending on the circumstances of the non-compliance. Therefore, it is crucial for all parties involved to adhere strictly to the ADs to ensure the safety of air navigation.