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 AD 2009-08-01 affecting Flight Management System equipped with Navigation Computers and Integrated Avionics Computers manufactured by Honeywell Inc. The United States is the State of Design for these equipments. CASA has assessed this AD and has issued Australian AD/FMS/3, Amendment 1, which will become effective on 4 June 2009. This AD cancels and replaces the previous issue.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, serves as a foundational statute for the regulation of civil aviation in the country, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which were introduced to establish safety standards and procedures for civil aviation operations. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft in Australia. The ADs are legislative instruments as defined under the Legislative Instruments Act 2003 and are integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design has the responsibility for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, issues these directives in response to ADs from the State of Design to maintain the safety standards required by international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are legislative instruments. These ADs are crucial for ensuring the continuing airworthiness of aircraft types and aeronautical products, particularly those designed in foreign states such as the United States. The ADs are mandated by the State of Design's obligations under the Convention on International Civil Aviation, which necessitates the provision of necessary information to the States of Registry, such as Australia, to maintain airworthiness standards. CASA's role is to assess and, when necessary, issue Australian ADs to enforce the requirements of foreign ADs on aircraft registered in Australia. This legislative process bypasses public consultation and does not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The ADs are issued by CASA officials in line with the Act's provisions, ensuring compliance with international standards and maintaining safety in civil aviation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Within this legislative framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs). These ADs pertain to specific kinds of aircraft or aeronautical products and are instrumental in maintaining safety standards. It is important to note that under subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as defined in the Legislative Instruments Act 2003.
Under the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the State of Design for an aircraft bears the primary responsibility for ensuring the aircraft's continuing airworthiness. This involves providing necessary information to the States of Registry to maintain the aircraft's airworthiness. The State of Registry, in turn, has the obligation to develop or adopt requirements that ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, such as the one issued by the United States for Flight Management Systems equipped with Navigation Computers and Integrated Avionics Computers manufactured by Honeywell Inc., CASA must evaluate this information. If deemed necessary, CASA will issue an Australian AD to enforce the requirements specified by the State of Design.
The issuance of Australian AD/FMS/3, Amendment 1, by CASA is a direct response to AD 2009-08-01 issued by the United States Federal Aviation Administration (FAA). As the State of Design, the United States has issued this AD to address safety concerns associated with the specified equipment. CASA's role, as Australia’s national airworthiness authority, is to assess and, if necessary, mandate these requirements within Australia. Given that this AD is issued in response to an international obligation under the Convention on International Civil Aviation and does not require public consultation, the process has been streamlined to ensure timely compliance with international standards.
In terms of legal consequences, any failure to comply with the provisions of an AD can lead to significant repercussions. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose stringent obligations on operators and owners of aircraft to adhere to ADs. Non-compliance can result in civil penalties, including fines and potential grounding of the aircraft. In more serious cases, criminal charges may be pursued, leading to imprisonment. The specific penalties are detailed in the Civil Aviation Act 1988, with the severity of the penalty often correlating with the level of non-compliance and the impact on aviation safety.