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 2008-10-12 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 600/4, Amendment 2, which will become effective on 3 July 2008. 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides a framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. Specifically, 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. These ADs, which are legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for an aircraft type's airworthiness, while the State of Registry, such as CASA in Australia, ensures that individual aircraft meet continuing airworthiness requirements. This legislative framework allows CASA to issue Australian ADs in response to directives from the relevant State of Design, such as the US Federal Aviation Administration's AD 2008-10-12 for Air Tractor AT-600 model aircraft, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products, with these directives being legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Such ADs are critical 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 issue corresponding Australian ADs when the State of Design issues ADs affecting aircraft registered in Australia. This process ensures compliance with international standards and obligations while safeguarding Australian airspace. The issuance of ADs, such as AD/AT 600/4, Amendment 2, follows rigorous assessment and does not typically involve public consultation due to their nature and the international obligations underpinning their creation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations to ensure the safety of air navigation. One such regulation, detailed under regulation 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation underscores the significance of ADs as legislative instruments, as indicated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, which classifies them as disallowable instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions necessitate that the State of Design, which is the country where the aircraft type is designed, must provide necessary information to ensure the aircraft's continuing airworthiness. This responsibility aligns with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The ADs, such as AD 2008-10-12 issued by the US Federal Aviation Administration (FAA) for Air Tractor AT-600 model aircraft, must be assessed by CASA. As the US is the State of Design for this type of aircraft, CASA has issued Australian AD/AT 600/4, Amendment 2, effective from 3 July 2008, which replaces the previous version. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been required. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the mandates set out in these ADs could result in significant consequences. The Civil Aviation Safety Regulations 1998 include provisions for penalties and enforcement actions for non-compliance with ADs. Such breaches can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the regulatory context. The maximum penalties can vary but are designed to enforce compliance to ensure the highest standards of air safety are maintained.