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 2007-13-17 affecting Air Tractor 802 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AT 800/9, Amendment 1, which will become effective on 30 August 2007. 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 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 Australian Parliament, serves as a fundamental piece of legislation governing civil aviation safety in Australia. One aspect of this Act is the issuance of airworthiness directives (ADs), which were introduced to address the need for ensuring the ongoing airworthiness of aircraft and aeronautical products, aligning with the international standards set by the Convention on International Civil Aviation. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue these ADs to mandate specific safety requirements for aircraft registered in Australia. The objective of these regulations is to maintain high safety standards and ensure compliance with international obligations, particularly concerning the continuing airworthiness of aircraft as stipulated by the relevant State of Design and Registry. This legislative framework allows CASA to respond promptly to safety issues identified by other international authorities, thereby enhancing the overall safety of civil aviation in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. The ADs are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types and mandates information sharing with States of Registry. In Australia, CASA, as the national airworthiness authority, evaluates ADs from the States of Design and, where necessary, issues corresponding Australian ADs to ensure compliance with safety standards. The issuance of ADs, such as the recent Australian AD/AT 800/9, Amendment 1, is governed by Australia's international obligations and does not require public consultation or a Regulatory Impact Statement. The AD is issued by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, as per subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 supports the authority to make these regulations for the purposes of the Act, focusing on the safety of air navigation. An airworthiness directive is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. In this context, CASA has issued Australian AD/AT 800/9, Amendment 1, in response to an AD issued by the US Federal Aviation Administration (FAA) concerning the Air Tractor 802 model aircraft.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess airworthiness directives issued by the State of Design, which, in this case, is the US FAA. CASA must determine if these directives are appropriate for the Australian context and, if so, issue corresponding ADs for Australian aircraft. This ensures that Australian aircraft maintain their airworthiness according to international standards. The State of Registry, in this case CASA, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia. This includes complying with ADs issued by CASA in response to those from the State of Design.
Failure to comply with an airworthiness directive can have serious consequences. Under the Civil Aviation Act 1988, any person or entity that does not adhere to an AD can be subject to penalties. These may include fines and other civil or criminal sanctions. The specific penalties depend on the severity of the non-compliance and any resultant harm. The Act underscores the importance of adhering to airworthiness directives to ensure the safety of air navigation.
No consultation of the Australian public has taken place on this particular AD as it stems from Australia’s obligations under the Convention on International Civil Aviation and is issued in response to an AD raised by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, made this AD in accordance with subsection 84A(2) of the Act, ensuring it aligns with the legislative framework and safety standards set forth by the Civil Aviation Act 1988 and its associated regulations.