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 USA FAA has issued AD 2007-10-01 Amendment 39-15042 affecting Air Tractor AT-602 aircraft. USA is the State of Design for Air Tractor aircraft types. CASA has assessed this AD and has issued Australian AD/AT 600/7, which will become effective on 5 July 2007.
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 Acting 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 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. In line with this objective, the Governor-General has the authority under section 98 of the Act to create regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. This legislation reflects Australia's commitment to international civil aviation standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, is responsible for assessing and, if necessary, issuing corresponding Australian ADs in response to directives from the State of Design. This process ensures that Australian aviation standards align with international obligations and safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These directives are legislative instruments that aim to ensure the safety of air navigation in accordance with international obligations, specifically under Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the USA for Air Tractor AT-602 aircraft, holds the responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry, which in this context is Australia. CASA, as Australia's national airworthiness authority, is mandated to assess such information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design. The AD issued by CASA, referred to as AD/AT 600/7, is a direct response to the USA FAA's AD 2007-10-01 Amendment 39-15042 and will become effective on 5 July 2007. Given the international nature of this regulation and its alignment with international civil aviation conventions, no public consultation or Regulatory Impact Statement was required for this specific AD.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as interpreted and implemented by the Civil Aviation Safety Regulations 1998, allow the Governor-General to issue regulations for air safety (section 98). Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). These ADs serve to mandate safety and airworthiness requirements for aircraft registered in Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO).
The obligations imposed by the Act and the Regulations on the parties governed include ensuring the continuing airworthiness of aircraft, which is the responsibility of the State of Registry for individual aircraft. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design, which is the USA in the case of Air Tractor AT-602 aircraft. This process ensures that aircraft meet the necessary safety standards and continue to be airworthy as per international conventions.
In terms of compliance, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not require public consultation for ADs, as they are issued in response to international obligations and ADs from the State of Design. However, these regulations do require CASA to issue ADs that mandate compliance with the continuing airworthiness of aircraft. Failure to comply with these directives can result in significant safety risks, including the potential for aircraft to be grounded or operations to be restricted until compliance is achieved.
For breaches of the regulations, the Act does not explicitly state civil or criminal penalties. However, non-compliance with ADs can lead to severe consequences, including the potential for aircraft to be deemed airworthy, which could result in operational restrictions or groundings. The primary enforcement mechanism is the regulatory compliance requirement, with potential additional legal actions under other aviation-related legislation if necessary. The maximum penalties for such breaches are not explicitly stated in the provided text, but they can include fines and other legal actions as prescribed by related laws.