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 2006-24-11 affecting Raytheon (Beech) 1900 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 1900/49, which will become effective on 15 December 2006.
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 Parliament of Australia, is a comprehensive piece of legislation that governs civil aviation activities within Australia, with a primary focus on ensuring the safety of air navigation. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives (ADs), to ensure compliance with safety standards for aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further define the processes and requirements for issuing ADs. These ADs are legislative instruments and are issued in line with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which pertains to the continuing airworthiness of aircraft. The ADs are typically issued in response to safety concerns identified by the State of Design or in alignment with international standards set by bodies such as the Federal Aviation Administration (FAA) in the United States. The ADs are developed and issued by CASA to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory authority applies to all aircraft registered in Australia, imposing mandatory requirements to ensure the continuing airworthiness of these aircraft. As ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, they carry the force of law. The issuance of ADs is aligned with international standards under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is tasked with enforcing these requirements within its jurisdiction. This particular AD was issued in response to a directive from the US Federal Aviation Administration concerning Raytheon (Beech) 1900 model aircraft, reflecting Australia’s adherence to international civil aviation conventions.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations for the Act, specifically for the safety of air navigation. This authority enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs apply to specific kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Obligations under the Act include the State of Design having the responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to ensure the continuing airworthiness of the aircraft type to relevant States of Registry. For Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if appropriate, issue a corresponding Australian AD. The State of Registry, in this case, Australia, must also develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the associated regulations could lead to various consequences. Offences and penalties are outlined in the Act and can include fines or imprisonment, depending on the severity of the breach. For example, non-compliance with an AD could result in enforcement actions, such as grounding the aircraft, which could have significant operational and financial implications for the aircraft operator. Additionally, under section 84A(2) of the Act, CASA has the authority to issue and enforce ADs, which can include administrative penalties for non-compliance.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate the issuance and compliance with ADs to ensure the continuing airworthiness of aircraft. CASA plays a critical role in assessing and issuing ADs in response to international directives, ensuring that Australian-registered aircraft meet safety standards. Non-compliance with these regulations can result in significant civil or criminal penalties, highlighting the importance of adhering to the legislative requirements.