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 63-11-02 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/20, 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, provides the legislative framework for ensuring the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations that are crucial for maintaining the safety of air navigation. In particular, the Act allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft types registered in Australia. These ADs are issued in accordance with the Civil Aviation Safety Regulations 1998 and are aligned with the obligations under the Convention on International Civil Aviation. The objective of these ADs is to mandate safety requirements and ensure that aircraft registered in Australia comply with international standards for airworthiness. This approach is crucial for harmonising safety measures across jurisdictions and maintaining the safety of Australian airspace in line with global best practices.
Scope and Application
The Civil Aviation Act 1988 and its subsidiary regulations, including the Civil Aviation Safety Regulations 1998, establish a framework for the regulation of airworthiness and safety in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. This regulatory power is exercised in accordance with international standards set by the International Civil Aviation Organization (ICAO). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The application of these ADs is influenced by the obligations of the State of Design and the State of Registry, with CASA playing a critical role in ensuring compliance with international safety standards. The issuance of an AD by CASA, such as AD/CONVAIR/20 in response to the US FAA's AD 63-11-02, is executed under Australia's commitments to the Convention on International Civil Aviation, and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003 (section 6). The ADs are essential for maintaining the continuing airworthiness of aircraft and are issued in response to safety concerns identified by the State of Design or other ICAO Contracting States. In this specific case, CASA has issued Australian AD/CONVAIR/20 in response to the US Federal Aviation Administration's AD 63-11-02 for Convair 340 and 440 model aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties or entities governed by these regulations include ensuring the continuing airworthiness of aircraft. The State of Registry, in this case, CASA, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In this particular case, CASA has assessed the US FAA's AD 63-11-02 and issued Australian AD/CONVAIR/20 to comply with the Convention on International Civil Aviation. Furthermore, the State of Design, in this case, the United States, has the responsibility to provide necessary information to ensure the continuing airworthiness of a type of aircraft.
Failure to comply with the requirements of an AD can lead to various civil or criminal consequences, depending on the severity of the non-compliance. Under the Civil Aviation Act 1988 (section 90), a person who contravenes an AD commits an offence and is liable to a penalty. The maximum penalty for a corporation is $210,000, while the maximum penalty for an individual is $42,000. Additionally, in more severe cases, CASA may suspend or revoke the airworthiness certificate of the aircraft, rendering it unable to fly until the non-compliance is rectified. It is crucial for all parties involved in the operation and maintenance of aircraft to adhere to the requirements of ADs to ensure the safety of air navigation and the continued airworthiness of aircraft.