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 2008-06-27 affecting Goodrich evacuation systems. The USA is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/EMY/36, which will become effective on 5 June 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 being one of the key instruments under this Act. Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for various kinds of aircraft and aeronautical products to maintain the safety standards in line with international conventions such as Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that mandate specific requirements for ensuring the continuing airworthiness of aircraft. This legislative approach ensures that Australia meets its international obligations and maintains high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to maintain their airworthiness. This regulatory power is exercised under the broader mandate of ensuring aviation safety as outlined in the Act. Each AD is considered a legislative instrument, subject to disallowance and regulation under the Legislative Instruments Act 2003. These directives are integral to fulfilling Australia's international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types, as mandated by the State of Design. CASA must respond to foreign ADs by assessing and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures within Australia's jurisdiction. Given the international nature of these directives and their alignment with global safety standards, CASA does not engage in public consultation for these specific ADs, and they do not require a Regulatory Impact Statement. The issuance of such directives is conducted by authorised personnel within CASA, adhering to the statutory provisions outlined in the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (sections 98 and 39.001). An AD is considered a legislative instrument under section 46A of the Acts Interpretation Act 1901 and is governed by the Legislative Instruments Act 2003 (section 6). These directives are crucial for maintaining the continuing airworthiness of aircraft and are issued in line with Annex 8 of the Convention on International Civil Aviation, which assigns responsibility for the airworthiness of aircraft types to the State of Design and mandates that this State provide necessary information to States of Registry.
The obligations imposed by the ADs include ensuring that the State of Registry, in this case CASA as Australia's national airworthiness authority, assesses any AD issued by the State of Design and issues a corresponding Australian AD if necessary. This process ensures that all aircraft registered in Australia comply with international airworthiness standards and requirements. When the United States Federal Aviation Administration (FAA) issues an AD, such as AD 2008-06-27 concerning Goodrich evacuation systems, CASA evaluates the directive and, if appropriate, issues an Australian equivalent, like AD/EMY/36, to be implemented within the specified timeframe.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of ADs in the provided text. However, non-compliance with ADs can potentially lead to significant safety issues and might result in enforcement actions by CASA, including grounding of aircraft, fines, or other regulatory measures. The text does not detail maximum penalties, but it is implied that failure to adhere to ADs could result in serious repercussions for the operators and owners of the affected aircraft. The necessity for CASA to act swiftly and effectively in response to ADs underscores the critical importance of adhering to these directives to maintain aviation safety standards.