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 2009-11-05 affecting Air Tractor AT-602 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 3, which will become effective on
30 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 legal framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to create regulations for the safety of air navigation, as seen in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific requirements for the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as Australia’s national airworthiness authority, assessing and implementing ADs issued by the State of Design, such as the United States in the case of the Air Tractor AT-602 model aircraft, ensuring compliance with international obligations and maintaining the safety standards required for aircraft registered in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, ensuring compliance with the safety standards set out under the Civil Aviation Act 1988. These directives, considered legislative instruments, are designed to address any safety concerns identified with specific aircraft or aeronautical products, aligning with the continuing airworthiness responsibilities of the States of Design and Registry as outlined in Annex 8 to the Convention on International Civil Aviation. Specifically, ADs mandate corrective actions or modifications to maintain the airworthiness of aircraft registered in Australia, following assessments by CASA based on directives issued by the relevant State of Design. The issuance of ADs is a regulatory requirement under Australia's obligations to international aviation safety standards, and therefore does not necessitate public consultation or a Regulatory Impact Statement. The authority to issue these directives is exercised by CASA, ensuring that all aircraft operating within Australian jurisdiction meet the necessary safety criteria.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, in alignment with section 98 of the Civil Aviation Act 1988. These directives are integral to ensuring the continuing airworthiness of aircraft, with subregulation 39.001(5) confirming that ADs are disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. Under Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. In the context of Australia, CASA, as the national airworthiness authority, must review and, if necessary, issue Australian ADs when a State of Design, such as the United States, issues an AD affecting aircraft registered in Australia.
In terms of obligations, CASA, under the Civil Aviation Safety Regulations 1998, has the duty to assess any airworthiness directives issued by the State of Design and to issue corresponding Australian ADs when deemed necessary. This ensures that all aircraft registered in Australia meet the required safety standards as stipulated by the ADs. Furthermore, the State of Registry, through CASA, must ensure that the continuing airworthiness of aircraft is maintained in accordance with the ADs. This involves the implementation of the ADs and the necessary inspections or modifications to ensure compliance.
The non-compliance with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in the aircraft being considered unairworthy. This can lead to enforcement actions by CASA, which may include the issuance of fines or the grounding of the aircraft. The severity of the penalties can vary depending on the nature and extent of the non-compliance. For example, deliberately ignoring an AD can result in more severe penalties than inadvertent non-compliance. It is important for all parties governed by these regulations to adhere strictly to the ADs to avoid any legal repercussions.