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 2008-11-17 affecting Air Tractor AT-800 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT 800/11 which will become effective on 31 July 2008.
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 was enacted to regulate civil aviation activities in Australia and ensure the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations, including those necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The purpose of ADs is to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, must issue Australian ADs when necessary, particularly when responding to ADs from the State of Design, which holds primary responsibility for the airworthiness of an aircraft type. This legislative framework ensures that Australia meets its international obligations and maintains high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated by the Civil Aviation Act 1988. These ADs are legislative instruments that serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the obligations of Australia as a signatory to the Convention on International Civil Aviation. The State of Design, in this case, the United States of America, has the primary responsibility for ensuring the airworthiness of the aircraft type, while the State of Registry, represented by CASA, is responsible for implementing the required safety measures within its jurisdiction. This process does not involve public consultation or require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is executed by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the legislative framework provided by the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations that serve the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Subregulation 39.001(5) designates ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby classifying them as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
These ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility that the State of Design, typically the country where the aircraft is designed, holds under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the airworthiness of an aircraft type. Correspondingly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain airworthiness. In Australia, CASA, acting as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs as necessary.
An example of this process is seen with the US Federal Aviation Administration's (FAA) AD 2008-11-17 concerning Air Tractor AT-800 model aircraft. As the USA is the State of Design, CASA assessed this directive and issued Australian AD/AT 800/11, effective from 31 July 2008. Given the international obligations under the Convention on International Civil Aviation and the response to an AD from the relevant State of Design, no public consultation was required for this AD. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, CASA issues ADs through the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with subsection 84A(2). The Act and accompanying regulations place obligations on CASA to ensure the safety of air navigation by issuing necessary ADs. These obligations include assessing international directives and determining their applicability to Australian aircraft. Failure to comply with ADs can lead to severe consequences, including potential criminal charges and penalties. The maximum penalties for non-compliance with ADs are outlined in the Civil Aviation Act 1988 and can include fines and imprisonment, depending on the severity and intent of the breach. Civil Aviation Orders may also impose additional penalties and sanctions for non-compliance.