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 2008-08-14 affecting Precision Airmotive Fuel Pressure Servos. The United States is the State of Design for these components. As a result CASA has amended the equivalent Australian AD to AD/FSM/31 Amendment 1 which will become effective on 9 May 2008. 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 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 comprehensive legislative framework for the regulation of civil aviation in Australia, with a focus on safety and efficiency. The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments that ensure compliance with international standards, particularly those set forth by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 was introduced to address the need for a robust legislative framework to manage and ensure the safety of civil aviation within Australia, fulfilling the country's obligations under international conventions and ensuring alignment with global safety standards.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, establishes the legal framework for the issuance of airworthiness directives (ADs) within Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of these aircraft as mandated under Annex 8 to the Convention on International Civil Aviation. The ADs, as legislative instruments, are issued under the authority of the Governor-General and are designed to maintain the highest safety standards in civil aviation. The scope of these directives applies to all aircraft registered in Australia and those types of aircraft designed by foreign states, necessitating CASA's role in evaluating and implementing the relevant ADs. This approach ensures compliance with international standards and the specific requirements of the State of Registry, which is responsible for the ongoing airworthiness of each individual aircraft. Although ADs do not undergo public consultation or require a Regulatory Impact Statement, their issuance is a critical aspect of CASA’s mandate to ensure aviation safety in Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) as instruments for ensuring the continuing safety of aircraft. Section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations that serve the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is classified as a disallowable instrument and thus a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these provisions on parties and entities include adherence to the continuing airworthiness standards established by the State of Design and the State of Registry. The State of Design has the overarching responsibility for the airworthiness of an aircraft type and must provide necessary information to States of Registry. In turn, States of Registry are obligated to develop or adopt requirements to ensure the airworthiness of aircraft within their jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must assess this information and issue an Australian AD if appropriate, to mandate the requirements of the State of Design.
Failure to comply with ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, subject to penalties outlined in the Act. The Act does not specify maximum penalties for each individual breach, but it does provide for general penalties, including fines and imprisonment. Furthermore, non-compliance with ADs can also result in administrative actions by CASA, such as the suspension or revocation of airworthiness certificates, which can prevent an aircraft from operating. In the event of a serious breach leading to an aviation incident or accident, the consequences can be even more severe, potentially including criminal charges and significant civil liabilities for the operators and individuals involved.