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 82-19-02 affecting general Dynamics Model 340 and 440 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CONVAIR/1, which will become effective on 13 April 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, aims to regulate civil aviation within Australia to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. Among these regulations are the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, acting as Australia’s national airworthiness authority, is required to assess and, if appropriate, issue Australian airworthiness directives in response to directives issued by the State of Design. This ensures compliance with international standards and facilitates the effective management of aviation safety across jurisdictions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft registered in Australia, the operators of such aircraft, and any aeronautical products used on these aircraft. The geographic reach of these regulations is national, with CASA acting as Australia's primary authority for airworthiness under international agreements such as Annex 8 to the Convention on International Civil Aviation. The Act empowers CASA to issue ADs for specific types of aircraft or aeronautical products to ensure continuing airworthiness, as mandated by the State of Design or in response to safety concerns. While the Act does not require public consultation for ADs issued in response to international obligations, it mandates that these directives are subject to disallowance, as specified under the Acts Interpretation Act 1901. Additionally, CASA issues ADs as legislative instruments, governed by the Legislative Instruments Act 2003. This process ensures that Australian regulations align with international standards and maintain the safety of air navigation within Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001). According to these provisions, the Governor-General can create regulations for air navigation safety, and CASA (Civil Aviation Safety Authority) can issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under the Acts Interpretation Act 1901 and is classified as a legislative instrument by the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the USA for certain aircraft models, is responsible for issuing ADs, while the State of Registry must ensure the aircraft's continuing airworthiness and may issue corresponding ADs.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties governed by these regulations are primarily centred on the safety and airworthiness of aircraft. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry must develop or adopt requirements to maintain the airworthiness of registered aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if appropriate, issue corresponding Australian ADs. The ADs issued by CASA are binding and must be complied with by the aircraft operators.
Breaching the requirements of an AD can lead to civil or criminal consequences, although specific penalties are not detailed in the provided text. Given the context of the legislation and the importance of air safety, it is likely that non-compliance with ADs could result in penalties such as fines, suspension or revocation of aircraft certificates, or even criminal charges if the breach leads to safety incidents. The severity of the penalties would depend on the nature and impact of the breach, and could potentially include imprisonment for serious offences. However, the exact maximum penalties are not specified in the provided text.