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 FAA issued AD 2009-02-03 affecting Precision Airmotive and Bendix RSA-5 and RSA-10 fuel injection servos. The United States is the State of Design for these components. CASA has amended the equivalent Australian AD to AD/FSM/31 Amendment 2 which will become effective on 23 February 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 Regulatory Review 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 was enacted to establish a comprehensive regulatory framework governing civil aviation within Australia, addressing the need for safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation, as demonstrated by the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, mandate specific requirements to maintain the airworthiness of aircraft, aligning with international standards set by ICAO. The Civil Aviation Safety Regulations 1998 were introduced to provide detailed provisions for maintaining the safety of civil aviation, including the mechanisms for issuing and enforcing airworthiness directives. The Civil Aviation (Airworthiness Directives) Regulations 2009 were made under the authority of the Civil Aviation Act 1988 to facilitate the timely dissemination of airworthiness directives in response to international obligations and safety concerns.
Scope and Application
The Civil Aviation Act 1988, as amended through the Civil Aviation Safety Regulations 1998, applies to all entities and persons involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance providers. These regulations establish the framework within which the Civil Aviation Safety Authority (CASA) operates to ensure the safety of air navigation. The scope of the Act extends to all aircraft registered in Australia, irrespective of where they are based or where their operations take place, thereby encompassing both domestic and international flights. However, the Act does not extend to military aircraft or other government-operated aircraft that are not part of civil aviation. Additionally, the Act allows CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These directives are mandated by Australia's obligations under the Convention on International Civil Aviation and aim to ensure the continuing airworthiness of aircraft. The ADs are developed in response to actions taken by the State of Design and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products (39.001). An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these regulations require CASA to assess ADs issued by the State of Design and, if necessary, issue corresponding ADs for Australian registered aircraft. For example, when the Federal Aviation Administration (FAA) issued AD 2009-02-03 concerning Precision Airmotive and Bendix RSA-5 and RSA-10 fuel injection servos, CASA was required to review this directive and amend the Australian AD to AD/FSM/31 Amendment 2, ensuring that the safety standards and requirements were appropriately adopted for Australian aircraft.
Due to the international nature of these directives and obligations under the Convention on International Civil Aviation, there is no requirement for public consultation on ADs, as confirmed by the Office of Regulatory Review. Furthermore, such ADs do not necessitate a Regulatory Impact Statement. This process is overseen by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, acting on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of breaches and penalties, while the specific regulations do not detail the penalties for non-compliance with ADs, it is understood that failure to adhere to these directives can result in severe civil or criminal consequences. The penalties may include fines, suspension of airworthiness certificates, or other regulatory actions that could affect the operation and safety of the aircraft. The precise penalties would depend on the severity of the non-compliance and any subsequent investigation by CASA.