CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 98-01-06 Amendment 39-10270, affecting Precision Airmotive Corporation Model MA-3, MA-3A, MA-3PA, MA-3SPA, MA-4SPA carburettors installed on Textron Lycoming O-235, O-290, and O-320 series engines, and Teledyne Continental Motors A-65, A-75, C-75, C-85, C-90, C-115, C-125, C-145, O-200, and O-300 series engines. The United States is the State of Design for these carburettors and engine types. As a result of FAA AD 98-01-06, CASA has amended the equivalent Australian AD/FSM/29 Amendment 1. The amended AD, AD/FSM/29 Amendment 2, will become effective on 17 February 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to make regulations that serve the interests of safety in air navigation. One significant component of this regulatory framework is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are critical in maintaining the continuing airworthiness of aircraft and are aligned with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. The ADs issued by CASA are a response to the obligations under this international convention and are made to ensure compliance with both international and domestic safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, providing a regulatory framework designed to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products, thereby enforcing compliance with continuing airworthiness standards. The scope of these directives is broad, encompassing all aircraft registered within Australia and operating under Australian jurisdiction. This includes both domestically registered aircraft and foreign-registered aircraft when they are in Australian airspace, as Australia is obligated under international conventions, such as Annex 8 to the Convention on International Civil Aviation, to ensure the continuing airworthiness of aircraft registered within its territory. Additionally, CASA may issue ADs in response to directives issued by the State of Design of the aircraft or aeronautical products, ensuring alignment with international standards and practices. The legislative framework allows CASA to issue these directives without public consultation, reflecting the critical nature of air safety and the necessity for swift regulatory action. While the Act and its regulations broadly apply to all relevant entities and industries within the aviation sector, there are no specific exclusions mentioned in the text, suggesting a comprehensive application intended to maintain high safety standards across the board.
Key Provisions
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to enact regulations in the interest of air navigation safety. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are subject to disallowance under section 46A of the Acts Interpretation Act 1901. In line with Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of aircraft types, and must supply relevant information to States of Registry to ensure compliance with safety standards. In Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
The obligations placed on the State of Design, as per Annex 8, are to provide comprehensive information necessary for ensuring the continuing airworthiness of their aircraft types. The State of Registry, in this case CASA, has the responsibility to assess the information provided by the State of Design and, if required, issue an Australian AD to enforce compliance with these safety requirements. This process ensures that all aircraft registered in Australia meet the international standards set forth by ICAO and maintained by CASA. Furthermore, when the United States Federal Aviation Administration (FAA) issues an AD affecting aircraft components registered in Australia, CASA must respond by amending the relevant Australian AD, as seen with the FAA AD 98-01-06 Amendment 39-10270, which led to the amendment of the Australian AD/FSM/29 Amendment 1 to AD/FSM/29 Amendment 2.
In the event of non-compliance with an airworthiness directive, several consequences may arise. While specific civil or criminal penalties are not detailed in the provided text, breaches of airworthiness directives can lead to serious ramifications. These may include administrative actions such as fines, suspension or revocation of aircraft operating certificates, or even criminal charges if the breach results in significant safety hazards or accidents. The severity of the penalties typically correlates with the extent of the non-compliance and its impact on aviation safety. CASA’s enforcement of ADs is critical to maintaining the high safety standards required in the aviation industry.