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 issued AD 2006-24-11, affecting Beech 1900 model aircraft, in 2006. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow the use of an alternate means of compliance. The amended AD, AD/BEECH 1900/49 Amendment 1, will become effective on 28 August 2008. 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 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 in Australia and to ensure the safety of air navigation. This Act provides the legislative framework for the Civil Aviation Safety Regulations 1998, which includes provisions for the issuance of airworthiness directives (ADs) under regulation 39.001. These directives serve to maintain the continuing airworthiness of aircraft and aeronautical products in accordance with international standards set by the International Civil Aviation Organization (ICAO). The authority to issue such directives is vested in the Civil Aviation Safety Authority (CASA), which acts on behalf of the Governor-General under section 98 of the Act. ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and their issuance is critical for compliance with both national and international aviation safety requirements. The policy objective of this regulation is to ensure that aircraft and aeronautical products meet the necessary safety standards, thereby safeguarding the public and maintaining the integrity of the aviation industry.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue these directives for specific types of aircraft or aeronautical products. This legislation applies to entities involved in civil aviation, including aircraft manufacturers, operators, and maintenance organisations within Australia, and it is designed to ensure the safety of air navigation. The geographic scope of these regulations is national, as Australia, through CASA, is responsible for the continuing airworthiness of aircraft registered in the country. The ADs are issued pursuant to international obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry. Exemptions or exclusions from these regulations are minimal as they are primarily concerned with ensuring the highest safety standards in civil aviation. Any amendments or specific applications of these directives may be extended or restricted through subordinate instruments, which are subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This regulatory provision (39.001) is underpinned by the authority vested in the Governor-General under section 98 of the Civil Aviation Act 1988. Furthermore, subregulation 39.001(5) specifies that ADs are disallowable instruments as defined by section 46A of the Acts Interpretation Act 1901, thus rendering them legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on CASA, as the national airworthiness authority. When a State of Design issues an AD affecting aircraft registered in Australia, CASA must assess the information provided and, if deemed necessary, issue an equivalent Australian AD to ensure compliance with international standards. This involves a rigorous evaluation process to determine whether the requirements of the foreign AD are applicable to the Australian context. Additionally, CASA must ensure that the AD aligns with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of States of Design and States of Registry concerning the continuing airworthiness of aircraft.
Breach of the provisions outlined in these regulations can lead to significant consequences. Failure to comply with an AD can result in the grounding of an aircraft, potentially leading to civil and criminal liabilities. Civil penalties can include fines up to $33,000 for individuals and $165,000 for corporations, as stipulated in the Civil Aviation Act 1988. Furthermore, persistent non-compliance may result in criminal charges, where penalties can be more severe, including imprisonment for up to two years for individuals and fines of up to $1,650,000 for corporations. These stringent measures underscore the critical importance of adhering to ADs to maintain the safety and airworthiness of aircraft operating within Australian airspace.