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 2006-22-08 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, which will become effective on 21 December 2006.
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 Parliament of Australia, serves as the principal legislation governing civil aviation safety within the country. It was introduced to address the need for comprehensive regulation of civil aviation to ensure the safety of air navigation. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which align with the continuing airworthiness obligations set out in Annex 8 to the Convention on International Civil Aviation. These directives are crucial for maintaining the safety standards of aircraft registered in Australia. The issuance of Australian ADs, such as AD/AT 600/4, reflects CASA's responsibility to mandate the requirements of the State of Design, in this case, the United States, to ensure the continuing airworthiness of aircraft within the Australian Register. This process underscores Australia's commitment to international safety standards and its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness Directives) Instrument 2006, apply to all persons and entities involved in the design, manufacture, maintenance, and operation of aircraft within Australia. This includes individual aircraft operators, manufacturers, and maintenance organisations. The Act extends to the national airspace of Australia and applies to all aircraft registered in Australia as well as those temporarily entering Australian airspace. The regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are binding legislative instruments aimed at ensuring the continuing airworthiness of aircraft types. Airworthiness directives are issued in response to safety issues identified by the State of Design or other ICAO Contracting States and must be implemented by Australian operators of the affected aircraft types. There are no specific exclusions or thresholds outlined in the regulations for the issuance of airworthiness directives, but they are subject to disallowance under the Acts Interpretation Act 1901. The scope and specifics of these directives can be further defined through subordinate instruments as necessary.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 explicitly authorises CASA to issue ADs for specific kinds of aircraft or aeronautical products. The process of issuing these ADs is further clarified by subregulation 39.001(5), which states that ADs are disallowable instruments as per the Acts Interpretation Act 1901 and are therefore considered legislative instruments under the Legislative Instruments Act 2003. These directives serve to ensure the continuing airworthiness of aircraft, a responsibility shared between the State of Design, which must provide necessary information, and the State of Registry, which must adopt or develop the requirements to maintain airworthiness.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the necessity for CASA to review and, if appropriate, issue Australian ADs when an AD is raised by the relevant State of Design. This ensures that Australian aircraft meet international safety standards. Additionally, the State of Registry, in this case CASA, must ensure that all aircraft on the Australian Register comply with the airworthiness requirements set out in the ADs. This involves assessing the ADs issued by the State of Design and determining their applicability to aircraft within Australia. The State of Design, which in this instance is the US FAA for the Air Tractor AT-600 model, must provide the necessary information and rationale for the AD to enable CASA to perform its assessment accurately and effectively.
Failure to comply with the requirements set out in an AD can lead to significant consequences. Civil and criminal penalties may be imposed for non-compliance, although the specific provisions of these penalties are not detailed in the text. The issuing of an AD, such as AD/AT 600/4 for the Air Tractor AT-600 model, is a direct response to the obligations under the Convention on International Civil Aviation and does not require public consultation. The AD was issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act. This process underscores the importance of adhering to international standards to maintain safety in civil aviation.