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 2004-23-02 Amendment 39-13857 affecting Beechcraft aircraft. USA is the State of Design for Beechcraft aircraft type. CASA has assessed this AD and has issued Australian AD/BEECH 1900/2, Amendment 2, which will become effective on 5 July 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 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 provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under the authority granted by section 98 of the Act, the Governor-General has the power to make regulations for the purposes of the Act and to safeguard the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments as per the Legislative Instruments Act 2003 and are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design holds the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure the ongoing airworthiness of individual aircraft, a duty CASA undertakes for Australia. This legislation underscores Australia’s commitment to international aviation safety standards and its role in enforcing these standards domestically.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations in the interest of air navigation safety, and through regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, serve as the primary means of maintaining the continuing airworthiness of aircraft types and are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must implement measures to ensure the airworthiness of individual aircraft. In practice, when a State of Design, such as the USA for Beechcraft aircraft, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process ensures alignment with international obligations and mandates that CASA issue Australian AD/BEECH 1900/2, Amendment 2, effective from 5 July 2007, which supersedes previous directives. Given the international nature of these directives and their basis in treaty obligations, there has been no public consultation required, and no Regulatory Impact Statement has been deemed necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and enforced in Australia. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make regulations for the safety of air navigation, which includes the issuance of ADs by the Civil Aviation Safety Authority (CASA) under regulation 39.001. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and, as such, they are legislative instruments as defined by the Legislative Instruments Act 2003. These regulations are in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design with the responsibility for the continuing airworthiness of an aircraft type and requires them to provide necessary information to the States of Registry.
Under the Civil Aviation Safety Regulations 1998, CASA has the responsibility to issue ADs that mandate airworthiness requirements for specific types of aircraft or aeronautical products within Australia. When an AD is issued by the State of Design, such as the USA Federal Aviation Administration (FAA) in the case of Beechcraft aircraft, CASA must review the information and, if appropriate, issue an Australian AD to ensure compliance with the international requirements. This is evident in the example of AD 2004-23-02 Amendment 39-13857 issued by the FAA, which CASA has translated into Australian AD/BEECH 1900/2, Amendment 2, effective from 5 July 2007. This process ensures that Australian-registered aircraft meet international safety standards.
The obligations imposed by the Act and Regulations on the parties involved, particularly CASA and aircraft operators, are significant. CASA, as the national airworthiness authority, must carefully assess any AD issued by a State of Design to determine its applicability to Australian-registered aircraft. Once an Australian AD is issued, aircraft operators must comply with the specified requirements to maintain the airworthiness of their aircraft. This includes conducting necessary inspections, repairs, or modifications within the timeframes outlined in the AD.
Breach of the requirements set out in an AD can have serious consequences. While the specific penalties for non-compliance with an AD are not detailed in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, general aviation regulations provide for potential civil and criminal penalties. For instance, operating an aircraft that does not comply with applicable airworthiness directives can result in fines or imprisonment, depending on the severity of the non-compliance and its impact on flight safety. The overarching objective is to ensure that all parties adhere to the highest safety standards to protect both the public and the integrity of the aviation system.