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 70-12-05 affecting Convair 340 and 440 model aircraft. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CONVAIR/13, which will become effective on 11 May 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 was enacted to provide for the safety of air navigation and the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations, including the issuing of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, to ensure the safety of aircraft. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and scrutiny under the Legislative Instruments Act 2003. The enactment of this Act and its regulations addresses the need to align Australian civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO) under the Convention on International Civil Aviation. The authority to issue ADs ensures that Australia meets its international obligations and maintains the highest safety standards for aircraft operating within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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 ADs are legislative instruments, as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are designed to ensure the safety of air navigation. The application of these directives extends to aircraft registered in Australia, aligning with the requirements set out under Annex 8 to the Convention on International Civil Aviation. In this context, the State of Design, such as the United States for Convair 340 and 440 model aircraft, holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA for Australia, ensures the implementation of these directives within its jurisdiction. The issuance of an Australian AD, such as AD/CONVAIR/13, is a direct response to an AD issued by the State of Design, thereby reflecting Australia’s commitment to international aviation safety standards without the need for public consultation. This process underscores the regulatory framework within which CASA operates to maintain the safety and airworthiness of aircraft within the Australian aviation sector.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory power stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of air navigation safety. Additionally, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has the overarching responsibility for ensuring an aircraft type's continued airworthiness. This involves providing necessary information to States of Registry to maintain airworthiness standards. The State of Registry, in turn, is tasked with developing or adopting requisite measures to ensure the ongoing airworthiness of individual aircraft. Consequently, when the State of Design, such as the US FAA, issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design.
In accordance with these provisions, the US FAA issued AD 70-12-05 concerning Convair 340 and 440 model aircraft. As the USA is the State of Design for these aircraft types, CASA assessed the directive and subsequently issued Australian AD/CONVAIR/13, effective from 11 May 2006. Given that this AD arises from Australia's obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design, no public consultation was conducted. Furthermore, the Office of Regulatory Review determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, pursuant to subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose obligations on CASA to ensure the continuing airworthiness of aircraft registered in Australia. This involves assessing any ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to mandate compliance with the safety standards set by the State of Design. These obligations are grounded in international conventions and regulations, ensuring that Australian aviation authorities work in concert with global standards to maintain safety. Non-compliance with these ADs can lead to significant consequences, including potential grounding of the aircraft, which could result in both civil and criminal penalties. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to substantial fines and imprisonment, reinforcing the critical nature of adhering to these safety directives.