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 2006-13-10 affecting Beech 90 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 90/86, Amendment 2, which will become effective on 31 August 2006. 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 Commonwealth Parliament, serves to regulate civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial instruments for maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The authority to issue these directives is derived from section 98 of the Act, empowering CASA to act in the interests of safety. For instance, following the issuance of an AD by the Federal Aviation Administration of the United States concerning Beech 90 model aircraft, CASA has issued a corresponding Australian AD, demonstrating the practical application of these regulatory provisions in a coordinated international response to safety concerns.
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 types of aircraft or aeronautical products. These directives are designed to ensure the safety of air navigation in Australia and are mandated by Australia’s obligations under Annex 8 to the Convention on International Civil Aviation. This regulatory framework applies to all aircraft registered in Australia and involves the continuous oversight of airworthiness by the State of Registry, which in this case is Australia. The authority to issue such directives extends to CASA, which must assess and, if necessary, mandate the requirements of ADs issued by the aircraft's State of Design. For example, CASA issued AD/BEECH 90/86, Amendment 2, in response to an AD from the US Federal Aviation Administration (FAA) concerning Beech 90 model aircraft, demonstrating the international cooperation inherent in ensuring aviation safety. Notably, ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. These directives are issued without public consultation or a Regulatory Impact Statement, reflecting their technical nature and the necessity for swift implementation in response to identified safety issues.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. Section 39.001(5) confirms that ADs must be issued in alignment with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. The State of Registry, in this case CASA, must ensure that aircraft are maintained in an airworthy condition and must comply with ADs issued by the State of Design. For instance, following the US Federal Aviation Administration’s (FAA) issuance of AD 2006-13-10 for Beech 90 model aircraft, CASA assessed and issued Australian AD/BEECH 90/86, Amendment 2, effective from 31 August 2006. This action underscores CASA's role in implementing international safety standards within Australia.
The obligations and requirements imposed by these regulations and directives are extensive and critical for maintaining aviation safety. CASA must rigorously assess any ADs issued by the State of Design and determine their applicability to aircraft on the Australian Register. If an AD is deemed necessary, CASA must issue a corresponding Australian AD to enforce the safety measures. This involves a detailed evaluation of the potential risks to airworthiness and the necessary corrective actions. Additionally, the State of Registry must ensure that all aircraft are maintained in accordance with the ADs, including conducting any required inspections, repairs, or modifications. Operators of affected aircraft must comply with the ADs by adhering to the specified timelines and procedures for implementing the required safety measures.
Failure to comply with airworthiness directives can result in severe civil and criminal consequences. Under section 98 of the Civil Aviation Act 1988, CASA has the authority to enforce compliance with ADs, and non-compliance can lead to significant penalties. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, may impose fines and other sanctions for violations. Additionally, operating an aircraft that does not comply with an AD can result in serious safety risks, potentially leading to enforcement actions by CASA, including grounding the aircraft until compliance is achieved. In extreme cases, non-compliance may result in criminal charges, with penalties that can include substantial fines and imprisonment, reflecting the high priority placed on aviation safety and the potential catastrophic consequences of non-compliance.