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 2005-13-12 affecting Air Tractor AT-600 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT 600/3, which will become effective on 1 September 2005.
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 by the Commonwealth Parliament, serves to ensure the safety and efficiency of civil aviation in Australia. This legislation establishes the framework within which the Civil Aviation Safety Regulations 1998 operate, providing for the regulation of aircraft and aeronautical products to maintain airworthiness and safety. The Act was introduced to address the need for comprehensive civil aviation regulation in Australia, ensuring compliance with international standards and facilitating safe air navigation. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) in the interests of safety, as mandated by the Governor-General. These directives, which are legislative instruments, ensure that aircraft on the Australian Register meet the continuing airworthiness requirements set out by their State of Design. The ADs serve to align Australian regulations with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, and are issued without public consultation due to their international nature.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This regulatory power is exercised to ensure the safety of air navigation as mandated by section 98 of the Civil Aviation Act 1988. Airworthiness directives are legislative instruments, as stipulated by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and further defined by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These directives are pivotal for maintaining the continuing airworthiness of aircraft, 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. CASA, acting as Australia's national airworthiness authority, must assess and, if necessary, issue Australian airworthiness directives to comply with international obligations and ensure safety standards are met across the Australian Register.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 that concern the issue of airworthiness directives (ADs) include section 98 of the Civil Aviation Act 1988, which grants the Governor-General the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Subregulation 39.001(5) further stipulates that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and therefore qualifies as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The Act and the Regulations impose several obligations and requirements on the parties and entities they govern. The State of Design, which is the state where the aircraft type is designed, bears the responsibility for the continuing airworthiness of that aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to ensure the aircraft's continued airworthiness to the appropriate States of Registry. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to maintain the aircraft's airworthiness. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is obligated to assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. The Act and Regulations do not explicitly detail specific offences, penalties, or consequences for breach within the provided text. However, non-compliance with ADs can lead to severe consequences, including grounding of the aircraft, legal action against the aircraft owner or operator, and potential criminal charges if the non-compliance results in accidents or other safety incidents. The exact penalties for such breaches would be determined by relevant aviation safety laws and regulations, which may include fines, imprisonment, or both, depending on the severity of the violation and the jurisdiction in which it occurs.