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 93-24-06 affecting Convair 440 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CONVAIR/2, 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 establish a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to create regulations under section 98, which is integral in promoting the safety of air navigation. Specifically, the Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential in maintaining the continuing airworthiness of aircraft and are aligned with international standards set by the Convention on International Civil Aviation. This legislative approach ensures that Australia's aviation safety standards are harmonized with global practices, thereby addressing any gaps in ensuring the safety and interoperability of aircraft operating within Australian airspace.
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 types of aircraft or aeronautical products. This regulation is established under the authority of the Civil Aviation Act 1988, with the overarching goal of ensuring the safety of air navigation. Airworthiness directives are legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 46A of the Acts Interpretation Act 1901. In alignment with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the appropriate States of Registry. The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting requisite measures to this end. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is obligated to evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations for the Act's purposes, particularly for ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on the relevant parties are significant. The State of Design, in this case the United States, bears the responsibility for the continuing airworthiness of an aircraft type and must furnish any necessary information to ensure this to the States of Registry. In this context, the State of Registry, represented by CASA, must evaluate the provided information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. This ensures that all aircraft types registered in Australia meet the continuing airworthiness standards set by the international aviation community.
Failure to comply with the ADs can result in severe consequences. Civil and criminal penalties may be imposed for non-compliance, though specific penalties are not detailed in the provided text. The AD issued by CASA, AD/CONVAIR/2, mandates certain requirements for the Convair 440 model aircraft, and non-compliance with these directives can lead to enforcement actions by CASA, including potential sanctions against the aircraft operator.
The issuing process of ADs, as exemplified by AD/CONVAIR/2, is streamlined to align with Australia's international obligations under the Convention on International Civil Aviation and in response to directives from the State of Design. This process does not require public consultation, as determined by the Office of Regulatory Review, nor does it necessitate a Regulatory Impact Statement. The AD is issued by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act, ensuring that the directive is both timely and legally sound.