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 United States FAA has issued ADs listed in Schedule 1 affecting Kelowna Flightcraft R & D Ltd (General Dynamics/Convair) 240, 340 and 440 model aircraft. The United States is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/CONVAIR/21, which will become effective on 11 May 2006. This AD requires compliance with all applicable FAA ADs listed in Schedule 1.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
FAA AD Number | Effective Date | Title |
56-20-04 | Upon Receipt | Fire Seals |
56-24-01 | Upon Receipt | Cylinder |
56-24-02 | Upon Receipt | Carburettors |
56-27-01 | Upon Receipt | Elevator Servo Tab Rod |
58-01-03 | Upon Receipt | Carburettor Setting |
59-01-01 | Upon Receipt | Fire Detector System |
59-04-02 | Upon Receipt | Pilot's Direct-Vision Window |
60-14-01 | Upon Receipt | Main Landing Gear |
63-06-03 | 20 March 1963 | Electrical Fault Detection Panel |
70-10-03 | 12 May 1970 | Engine Breather Oil Fumes |
78-17-04 | 5 September 1978 | Emergency Window Release Handle |
78-22-04 | 1 November 1978 | Emergency Exit Window |
90-13-13 | 30 July 1990 | Fuselage Frames |
91-12-05 | 25 July 1991 | Elevator Hinge Pins |
93-04-03 | 19 April 1993 | Horizontal And Vertical Stabilizers |
96-03-04 | 28 February 1996 | Aircraft Flight Manual - Limitation, Icing Conditions |
98-08-17 | 19 May 1998 | Aircraft Flight Manual - Power Levers |
Overview
The Civil Aviation Act 1988 is foundational legislation for the regulation of civil aviation in Australia, establishing the legal framework for ensuring the safety and efficiency of aviation operations. Enacted by the Commonwealth Parliament, this Act addresses the need for a comprehensive legal structure to manage the complexities and risks associated with civil aviation. The Act empowers the Governor-General to make regulations that are essential for maintaining the safety of air navigation, reflecting a policy objective to ensure public safety and the integrity of the national airspace. Under this Act, the Civil Aviation Safety Regulations 1998 were also enacted to further detail and implement the safety requirements for aircraft and aeronautical products. One of the key provisions of these regulations is the authority granted to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments designed to mandate compliance with safety standards and ensure the continuing airworthiness of aircraft, thereby fulfilling Australia's obligations under international agreements such as the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products under section 98 of the Civil Aviation Act 1988. These directives are legislative instruments, as stated in the Legislative Instruments Act 2003. The ADs are issued in the interests of safety of air navigation, and their application extends to any aircraft or aeronautical products registered in Australia that fall under the types specified in the ADs. The ADs mandate compliance with the requirements set forth by the relevant State of Design, such as the United States in the case of the Convair 240, 340, and 440 models. No public consultation is required for these ADs due to Australia’s obligations under the Convention on International Civil Aviation, and they do not require a Regulatory Impact Statement. CASA issues these ADs to ensure the continuing airworthiness of aircraft in accordance with its responsibilities under the Convention and the Regulations.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) under section 98 of the Act (section 98) and regulation 39.001 of the Regulations (regulation 39.001). These ADs are mandated to ensure the continuing airworthiness of aircraft and aeronautical products. Regulation 39.001(5) specifies that ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003 (regulation 39.001(5)). The Civil Aviation Safety Authority (CASA) has the authority to issue ADs based on the requirements set out in Annex 8 of the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry for maintaining the airworthiness of aircraft.
Under this legislative framework, the State of Design, such as the United States in the case of the General Dynamics/Convair 240, 340 and 440 model aircraft, is responsible for issuing ADs to ensure the continuing airworthiness of aircraft types (Annex 8). When an AD is issued by the State of Design, CASA, as the national airworthiness authority, is required to assess the AD and, if appropriate, issue an Australian AD to mandate the requirements for aircraft registered in Australia. In this case, CASA has issued AD/CONVAIR/21 in response to FAA ADs listed in Schedule 1, which became effective on 11 May 2006 (subsection 84A(2) of the Act). This AD requires compliance with all applicable FAA ADs listed in Schedule 1.
The obligations imposed on entities governed by this Act include compliance with all issued ADs, which may mandate modifications, inspections, repairs, or operational limitations to ensure the continuing airworthiness of the aircraft. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction, which includes implementing the requirements of any AD issued by the State of Design. Failure to comply with these ADs can result in severe consequences, including the potential grounding of affected aircraft and enforcement actions by CASA.
Under this Act, breaches of the ADs may lead to serious civil or criminal consequences, with potential penalties for non-compliance. Although the specific penalties are not detailed in the provided text, the Act allows for enforcement measures, including fines and other sanctions, to be imposed for breaches. The severity of the penalties can vary depending on the nature and extent of the non-compliance, and CASA has the authority to take action to enforce compliance with the ADs to ensure the safety of air navigation.