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 issued AD 2005-12-06, affecting magnetos manufactured by Teledyne Continental Ignition Systems, in 2005. AD 2005-12-06 superseded AD 96-12-07 which was issued by the FAA in 1996. The United States is the State of Design for this equipment. CASA has assessed AD 2005-12-06 and has issued Australian AD/ELECT/75, which will become effective on 19 July 2005. AD/ELECT/75 supersedes AD/ELECT/68 which is cancelled.
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.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is the primary legislation governing civil aviation within Australia, establishing a framework for ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently established to provide further detail on safety regulations, including the issuance of airworthiness directives. These directives are critical for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth by the Convention on International Civil Aviation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives based on assessments of directives issued by the relevant State of Design, ensuring that Australian aircraft comply with necessary safety standards. The process of issuing such directives is streamlined under the Legislative Instruments Act 2003, ensuring that they are effective legislative instruments. This legislative framework aims to uphold the safety of air navigation and international obligations under aviation conventions.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives are legislative instruments that mandate compliance to ensure the continuing airworthiness of aircraft registered in Australia. This obligation is in accordance with Australia’s commitments under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure the airworthiness of individual aircraft. In the instance of the Teledyne Continental Ignition Systems magnetos, the United States is the State of Design, and CASA has assessed the relevant AD to issue an Australian AD/ELECT/75, which supersedes the earlier AD/ELECT/68. This process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review, and the AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, as amended, and the Civil Aviation Safety Regulations 1998, provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of these regulations confirms that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are a critical tool for ensuring the continuing airworthiness of aircraft, with the State of Design having the overall responsibility to provide necessary information to the States of Registry. The State of Registry must then develop or adopt requirements to ensure the aircraft's airworthiness. For instance, when a State of Design, such as the United States, issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process was followed when CASA issued AD/ELECT/75, which became effective on 19 July 2005, in response to the FAA's AD 2005-12-06 concerning magnetos manufactured by Teledyne Continental Ignition Systems.
Entities and parties governed by these regulations have specific obligations. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and determine if an Australian AD is necessary. If so, CASA must issue the AD to mandate the compliance requirements. This ensures that all aircraft registered in Australia meet the safety standards set by the State of Design. The State of Registry is also obligated to ensure the continuing airworthiness of aircraft within their jurisdiction by complying with any relevant ADs issued by CASA or other relevant authorities.
Failure to comply with the requirements of an AD can result in serious consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs, non-compliance can lead to civil and criminal penalties. Civil penalties may include fines and other sanctions, while criminal penalties could involve imprisonment. The severity of these penalties can depend on the nature and extent of the non-compliance, and the specific provisions of other applicable laws. It is imperative for all parties involved to adhere to the ADs to maintain the highest safety standards in civil aviation.