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 issued AD 2009-11-05, affecting Air Tractor AT-602 aircraft, in 2009. The USA is the State of Design for this type. CASA has amended the equivalent Australian AD to correct a minor typographical error. The amended AD,
AD/AT 600/4 Amendment 4, will become effective on 22 October 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, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This Act provides the framework for the regulation of civil aviation and the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. Under this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs to address safety concerns related to specific types of aircraft or aeronautical products. Regulation 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The authority to issue these ADs is exercised by CASA in accordance with the obligations set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the responsibility for the continuing airworthiness of an aircraft type. Consequently, CASA issues Australian ADs to align with the directives from the relevant State of Design, ensuring that Australia's aviation safety standards are in harmony with international standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs). These directives, which are legislative instruments under the Acts Interpretation Act 1901, are designed to address issues that may affect the airworthiness of specific types of aircraft or aeronautical products. The ADs are issued by the Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, and are typically mandated in response to directives issued by the State of Design, which holds primary responsibility for the continuing airworthiness of an aircraft type. In this instance, CASA has amended an existing AD in response to an international directive issued by the United States Federal Aviation Administration (FAA) regarding Air Tractor AT-602 aircraft. This process is conducted in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of States of Design and States of Registry in maintaining aircraft airworthiness. The issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act empowers the Governor-General to enact regulations for the safety of air navigation, and regulation 39.001 specifically authorises CASA to issue ADs for certain types of aircraft or aeronautical products. This regulatory power is underscored by the fact that ADs are legislative instruments under the Legislative Instruments Act 2003.
Under these provisions, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. The obligations on CASA include the assessment and, if necessary, the adaptation of ADs issued by the State of Design, which is the country where the aircraft type is designed. When an AD is issued by the State of Design, CASA must evaluate the information provided and issue a corresponding AD for the Australian context. This ensures that Australian-registered aircraft meet international safety standards, as mandated by the Convention on International Civil Aviation, specifically Annex 8. The State of Registry, in this case CASA, is ultimately responsible for the ongoing airworthiness of each aircraft registered in Australia.
In the specific case of AD 2009-11-05, issued by the US Federal Aviation Administration (FAA) for Air Tractor AT-602 aircraft, CASA has amended the Australian equivalent AD to correct a minor typographical error. The amended AD, referred to as AD/AT 600/4 Amendment 4, will take effect on 22 October 2009, replacing the previous version. This amendment is made without public consultation, as it is deemed unnecessary under the Convention on International Civil Aviation and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, acting on behalf of CASA, has made this AD in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance may result in enforcement actions by CASA, which can include fines, suspension, or revocation of airworthiness certificates. In more severe cases, violations can lead to criminal charges, with penalties including imprisonment. The exact penalties depend on the nature and severity of the breach, but they can be substantial, reflecting the critical importance of adhering to airworthiness directives for the safety of air navigation.