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 63-15-04 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/19, 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, enacted by the Commonwealth Parliament, addresses the regulation of civil aviation in Australia, with a focus on safety and airworthiness. This legislation empowers the Governor-General to make regulations that ensure the safety of air navigation. Under this framework, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements for aircraft and aeronautical products. These ADs are designed to maintain the continuing airworthiness of aircraft, aligning with international standards set forth in the Convention on International Civil Aviation. The recent AD/CONVAIR/19, issued by CASA in response to a US Federal Aviation Administration directive concerning Convair 340 and 440 aircraft, exemplifies the practical application of these provisions to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per subregulation 39.001(5) and the Acts Interpretation Act 1901. Such directives are essential for ensuring the continuing airworthiness of aircraft and are a common form of compliance under Annex 8 of the Convention on International Civil Aviation. When a State of Design, such as the United States in the case of Convair 340 and 440 model aircraft, issues an AD, CASA, acting as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. For example, following the US FAA's AD 63-15-04, CASA issued Australian AD/CONVAIR/19, effective from 11 May 2006. These directives, being in response to international obligations and issued by relevant States of Design, do not require public consultation or a Regulatory Impact Statement, and are made by authorised CASA officials under section 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations include the responsibility of the State of Design, in this case the United States, to provide continuing airworthiness information for aircraft types designed within its jurisdiction. The State of Registry, which is Australia in this instance, is responsible for ensuring the continuing airworthiness of individual aircraft registered in its country. When the State of Design issues an AD, CASA must assess the information and, if deemed necessary, issue an Australian AD to mandate the requirements specified by the State of Design. In this case, CASA has issued AD/CONVAIR/19 in response to AD 63-15-04 issued by the US Federal Aviation Administration (FAA) concerning Convair 340 and 440 model aircraft.
Failure to comply with ADs can result in serious consequences. Non-compliance with an AD may lead to enforcement actions by CASA, which can include fines, suspension or revocation of aircraft certificates of airworthiness, and potentially criminal charges. The specific penalties for non-compliance are not detailed in the text, but they can be severe and are intended to ensure that all aircraft maintain the required safety standards.
The process of issuing ADs is conducted in accordance with the Convention on International Civil Aviation, and given the international nature of the issue, the AD in question did not require public consultation. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD/CONVAIR/19 was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in line with subsection 84A(2) of the Act.